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Ordinance 74-14ORDINAl;CE NO. 74-14 AN ORDINANCE ESTABLISHIL~G THF. "I~5~OKALEE PLANNI~IC. AREA" OF COLLIER COUNTY, FLORIDA; ADOPTII]G THE ATLAS OF .MAPS DESCRIBIMG THE ZONI~]~ DISTRICTS WITHIM THE I~.~OKALEE AREA PLAMNIMG AREA; PROVIDIX;G FOR CHANGES TO SUCH ZONIMG DISTRICTS; PPOVIDI~G APPEAL, PENALTY,' CONFLICT, SEWEP, ANCE AND CONSTRUCTION CLAUSES AND PROVIDIMG AN EFFECTIVE DATE. ~EP~AS, the Immokalee Area Planning Commission has received petitions, advertised held public hearings and recommended zoning area and district ~oundarie's to be approved and adopted by the Board of County Commissioners of Collier County, Florida, and ~IERE. AS, the Board of County Commissioners in public hearings have approved and adopted such zoning districts and caused the same to be entered upon the official records of the Board of County Commissioners of Collier County, Florida. NOW, THEreFORE BE IT ORDAI~ED BY THE BOARD OF COUNTY COM~MISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: 1. That the Official Zoning Atlas of land use districts within the Immokalee Area Planning District be and is hereby adopted. Dated and designated as Exhibit "A" attached hereto and made a part hereof. 2. Changes to the Official Zoning Atlas. a. Changes to the Official Zoning Atlas of Land Use Districts within the Immokalee Planning Area shall be made by Ordinance from time to time by designating the land use classification, or classifications and describing the area or areas of the 'Zoning District or Districts so classified by legal descrlption or official Zoning Atlas Map or Maps. b. Such Ordinance shall be enacted in accordance with the prmvisions of Florida Statute Section 125.66. 3. Appeal. Any person aggrieved by this Ordinance or any · decision of any administrative officer, or agency in the application of this Ordinance, other than the Board of County Commissioners, shall file a written request to the Board of County Commissioners' not later than thirty (30) days after the date the disputed decision shall have become final, which shall, at a public hearing, hear the complaint of such aggrieved person. Said publJ, c hearing shall be held within thirty (30) days of the date of filing of the hearing request. After the hearing the Board of County Commissioners shall, within, fifteen (15) days render its decision in writing affirming, overruling, or modifying the decision' of the administrative official, or body, or grant a variance from the provisions hereof based upon hardship unnecessary in the public interest. SECTION TWO: 1. Penalt _ Any person violating the provisions of this Ordinance shallYbe guilty of a misdemeanor and ~pon conviction shall be punished as provided by general law. 2. Severance. If any portion of this 0~dinance is declared unconstitutional or held invalid in application, tha validity of the remaining portions and applicability to other persons and circumstances shall not be affected. 3. Conflict. Should any substantive provision of this Ordinance conflict with other ordinances, codes or law, the more restrictive shall apply. Shou].d any procedural, provision of this Ordinance con- flict with othe~ ordinances or special law.the former shall control. 4. Construction. The provisions 'of this Ordinance shall be liberally construed to effectively carry out its purposes in the interests of public health, safety, welfare and convenience of the public. 5. Effective Date. The provisions of this Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Department of State. Dated:., ~pril 30, 1974 BOARD OF COUNTY COMMISSIONERS Clif/X~d Wenzel, ~air~an Approved as to form and legality: D~Pid Emerson Bruner Collier County Attorney ,( ZONING REGULATIONS COLLIER COUNTY, FLORIDA BOARD OF COUNTY COb~ISSIONERS Honorable Clifford Wenzel, .Chairman Honorable Thomas P. Archer, Vice-Chairman Honorable Stephen G. Mitchell Honorable David C. Brown Honorable Ruth VanDoren Wi ltarmon Turner, County Manager COLLIER COUN"rY PLANNING & ZOMING DEPARTMENT JANUARY, 1974 :. APPENDIX-'D" OHDIN~:.~CE NO. ZONING REGULATIONS IMMOKALEE AREA ZONING DISTRICT BOARD OF COUNTY COMMISSIONERS IMMOKALEE AREA'PLANNING COMMISSIONERI F. CLIFFORD WENZEL - C HAl RMAN THEODORE I.. HAGER- CHAIRMAN THOMAS P. ARCHER - ViCE-CHAIRMAN dAJVlES RINGO-VICE-CHAIRMAN RUTH VAN DOREN ,JOE SMITH STEPHEN MITCHELL FRANK PELHAM DAVID C. BROWN SHELLY CARTER 2 RESOLUTION ARTICLE I ARTICLE II Section 2.1 Section 2.2 ARTICLE III Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 ARTICLE IV Section 4.1 Section 4.2 Section 4.3 Section ~.~ Section 4.5 Section 4.6 ARTICLE V Section 5.1 Section 5.2 Section 5.3 Section $.4 Section $.5 Section 5.6 Section $.7 Section 5.8 ARTICLE VI Section 6.1 Section 6.2 Section 6.3 Section 6.4 TABLE 0F CONTEUTS PAGE SHORT TITI,E I DEFINITIO1;S I Interpretation of Certain Terms $ Words List of Definitions 1 1 ESTABLISHMENTS OF DISTRICTS 13 Use Districts District Boundaries Map Amendment Replacement of Official Zoning Map Rules for Interpretation of District Boundaries 13 15 IS APPLICATION OF REGULATIONS 16 Uses 16 Buildings 16 Lots 16 Yard Space 16 Submerged Land 16 Minimum Requirements 17 GENERAL PROVISIONS 17 Number of Buildings Per Lot 17 Street Access 17 Establishment of Setback Lines for Street Widening 17 Uncompleted Buildings 17 Time Limit for Special Permit or Variance 17 Obstruction to Vision at Street Intersection 17 Location of Accessory Structures 18 Essentlal Services 18 EXCEPTIONS AND MODIFICATIONS 18 Front Yard Requirements Exception to Height Limitations Exception to Height Limitations for Public or Semi-Public Use Temporary Permits 18 19 -i- ARTICLE VII Section 7.1 Section 7.2 Section 7.3 Section 7.~ Section 7.5 Section 7.6 Section 7.7 Section 7.8 Section 7.9 ARTICLE VIII Section 8.1 Section 8.2 Section 8.3 Section 8.~ Section 8.5 Section 8.6 ARTICLE IX Section 9.1 Section 9.2 Section 9.3 ARTICLE X Section 10.1 Section 10.2 ARTICLE XI Section 11.1 Section 11.2 Section 11.2A Section 11.3 Section 11.3A NON-CONFORMING LOTS, NON- CONFORMING USES OF LAND, NON- CONFORMINC STRUCTURES, AND NON- CONFORMING USES 0}' STRUCTURES AND PREMISES 2O Intent Extension a~d Enlargement 20 Non-Confo~wning Lots of Record Non-Conforming Uses of Land 21 Non-Conforming Structures 22 Non-Conforming Uses of Stx~ctures or of Structures and Premises in Combination 22 Repairs and Maintenance Uses Under Exception Provisions Not Non-Conforming Uses 23 Termination Requirements for Certain Non-Conformities OFF-STREET PARKING, LOADING AND UNLOADING REGULATIONS Definition 24 General Requirement and Specifications 24 Requirements for Off-Street Parking 25 Requirements for Off-Street Loading and Unloading 26 Permanent Reservation 26 Exception to Off-Street Parking and Loading Requirements 26 PROVISIONAL USES 27 Procedure for Obtaining Permit 27 General Criteria for Provisional Uses 28 Specific Provisions for Provisional Uses 29 HOME OCCUPATIONS 29 General Provisions for Home Occupation 29 Procedures for Obtaining Home Occupation Permit 30 SCHEDULE OF DISTRICT REGULATIONS 31 -ii- District Regula%ions Adopted 31 ' I-SF-1 Single-Family Resident/al District 31 I-SF-1A Single-Family Resident&&l District 31.1 I-SF-2 Single-Family Residential District 32 I-SF-2A Single-Family Residential District 3~ Sec%ion Section 11.3C Section 11.~ Section 11.~A Section 11.$ Section Il. SA Section 11.6 Section 11.6A Section ll.6B Section 11.7 Section 11.8 Section 11.9 Section 11.10 Section 11.11 Section ll.llA Section 11.12 Section 11.13 Section ll.13A Section 11.1~ Section 11.15 Section 11.16 I-SF-3 S~ngle-Fam~iy Residential District 35 I-SF-q Single-F~mtly Resident~&l Dis~riot 37' I-MF-1 One and Two-Family Residential Distriot 39 I-MF-1A One and Two-Family Residential Distriot ~0 I-MF-2 One, Two and Multiple-Family Residential Distriot ~2 I-MF-2A One, Two and Multiple-Family Residential District ~3 I-MF-3 Two and Multiple-Family Residential District ~S I-MF-~ Multiple-Family Residential District ~6 I-MF-5 Multiple-Family Residential District 48 I-MHSD Mobile Home Subdivision District S0 I-MHTT Nobile Home and Travel Trailer Park District 52 I-C-1 Commercial District $~ I-C-2 Commercial District $6 I-C-3 Commercial-Light Industrial District 57 I-C-W Commerflal-Light Industrial District 59 I-I Industrial District 60 I-A-1 Agricultural District 62 I-A-2 Agricultural Distriot 6~ I-FL Farm Labor Camp Supplementary District 68 I-CT-~ Commercial Tourist District 70 I-CT-5 Commercial Tourist District 72 -iii- BOOK ARTICLE "1 SHORT TITLE These rules and regulaHons shall be known and may be cited as the Immokalee Area Zonlng' Regulations, done this~ ..30 .clay of _. September _!970. ARTICLE 11 DEFINITIONS Section 2.1 - !.n. terpretatlon alr Certain Terms and Words. For the purpose of thls Regulation, certain terms and words are hereby defined. Words used In the present tense shall include the future; the singular number shall include the plural and the plural, the singular; the word "building" shall include thee word "structure", the word "lot" includes the word "plot" or "parcel"; the word "shall" is always mandatory and not merely directory; the word "used" or "occupied" as applied to any land or buildings shall be constructed to include the words "intended, arranged~ or designed lo be used.or occupied". Section 2.2 - List of Definitions. 1. ACCESSORY USE, BUILDING OR STRUCTURE: A secondary resldence~ garage or other building or structure on a lot or parcelt subordinate to and not forming an intergal part of the main or principal building, but pertaining to the use of th~ main building. An accessory bulidlng may include servants' quarters. See also: Guest House and Boat House. 2. ACRE: An area containing 43,560 square feet. A, Acre Gross: A gross acre ls an area of land used for a. particular use Including rights-of-way. B, Acre Net: A net acre is an area of land used for o specific use exclu- slve of rlghts-of.-way. 3. ADVERTISING SIGN: A surface whereon advert;slng mafrer is set in public vlewt including reference to any' use of premises wherebn it is displayed or posted. ( See also Chapter XXIII - SIGNS AND OUTDOOR DISPLAYS - Collier Building Code.) 4. ALCOHOLIC BEVERAGE: All beverages contaln~ng more than one (1)per cent alcohol by weight. A. INTOXICATING BEVERAGE: (OR INTOXICATING LIQUOR): Beverages including only those llctuors~ wines and :beer contaiMng more than 3.2% of alcohol by weight. B. ALCOHOLIC BEVERAGE DISTRIBUTOR: Any person who sells and distributes or offers to sell and distribute alcoholic beverages in the county to other licensed d~stributors, licensed vendors, licensed operators or loungest bars or clubs. C. ALCOHOLIC BEVERAGE VENDOR: Any person who sells or offers for sale alcoholic beverages at retail in the county in any quantity. D. ALCOHOLIC BEVERAGE QUOTA LICENSE: 'A license or licenses Issued by the State Beverage Department of Florida pursuant to the provisions of paragraph (1) of Section 561.20, Florida Statutes, where the number of such licenses is restricted or limited by population. E ALCOHOLIC BEVERAGE SPECIAL LICENSE: The license or licenses Issued by the State Beverage Department of Florida to any bona fide hotel, m°tel~ motor court or other facility of not less than one hundred guest rooms, pursuC'nt lo section 561.20 (2), Florida Statutes. -1 .T- 13,' 5. ALLEY: A roadway dedicated to public use which affords only secondary means of access to abutting property and which is not intended for general traffic circulation. 6. ALLOWABLE USE: A u'.e specifically permitted. 7. ALLOWED USE: A use permitted as a matter ofrlght or upon condiHons being met; a use permitted regardless of how it is permitted. 8. ALTERATION OF BUILDING: Any change in the arrangement of a build- lng including any work affecting the structural parts of a building or any change in wiring, plumbing, air conditioning or heating systems. 9. ANTIQUE SHOP & STORE: A store or shop conducted entirely within a fully enclosed structure dealing in the sale of old articles which, due to their demand as collector's items, historical background, or scarcity, have an antrlnslc value. 10. APARTMENT BUILDING: A principal building which is used or intended to be used as a home or residence for more than two families living in separate quarters. 11.. APARTMENT HOTEL: An apartment building, under resident supervision, which maintains an inner lobby through which tenants customarily pass to gain access to the apartment and which may furnish dining room service. 12. AUTOMOBILE OFF-STREET PARKING SPACE: A clearly defined and appro- priately marked area containing a space measuring at least ten feet by twenty feet having sufficient ways of ingress and egress thereto when all adjacent spaces are occupied. BEER: The word "beer" shall be as defined in Section 561.01 (3), Florida Statutes. 14. BLOCK: A piece or parcel of land cu'stomarily surrounded by public streets~, (other than alleys), or any other major physical barriers. 15. BLOCK FACE: 16. street. BOAT HOUSE: A. Private: That portion of a block with contlnuou.- i'ronlage along a single An accessory building for the express purpose of providing -2- 17. 18. 19. 20 ,' 21. 22. 23. 24. .B. space for housing boats and boaflng accessories. Commercial: A building adjacent to a canal, waterway, river or bay for the express purpose of housing, hauling, launching, repairing, ser- vlcingt maintaining or storing boats, for a fee. BOAT YARD & WAY. A commercial establishment which provides facjlltles for the construction or reconstructiont repalr~ .maintenance or sale of boatst marine engines, marine equipment and marine services of all k, nds, including but not limited to rental of covered or uncovered boat sllps~ dock space~ enclosed dry storage space, marine railways or lifting or launching services. BUILDING: Any structure either temporary or permanent, having a roof~ and used or built for the shelter or enclosure of per~.ns, anlmalst chattelst or prop- erty of any kind. This definition shall include tents, awnings or vehicles which function as a building. BUILDING HEIGHT: The vertical distance measured from the average crown of the abutting road to the highest point of the roof, to the deck line of a mansard roof, and to the mean height between eaves and ridge of a gable, hip or gambrel roof. "BUILDING LINE: The extreme overall dimensions of a building as staked on the ground, including all area covered by any.vertical projection to the ground or overhang of walls, roof or any other part of a structure~ whichever is nearest to the property llne~ will be considered as the building llne. BUILDING SITE: The ground area of a building or buildings together with all open spaces surrounded by said building or buildings. CABARET: See Cocktail Lounge. CAFETERIA: A place where 'food is obtained by'self-servlce and eaten on premises. CENTERLINE: A line running parallel with the two edges of a right.-of-way~ Jocateds in general, a distance halfivay between the extreme edges of official and platted rlghls-of-way. -3- m 28J. '25. CERTIFIED SURVEY: A surg~y, sketch, plant map 'or other exhibit is sald to be certified when a written statement re~dardlng its a~.curacy or conformity to specified standards ~s signed by the registered surveyor who prepared said certified survey. 26. CHILD CAPE CENTER: An enterprise invol~,.:ng the care of three or more ~:h[ldren at one and the same time, either by day or night, which children are not foster children or related by blood or marriage to the operator. 26.1 .CHURCH: Any building or structure used exclusively for religious services and ~'eligious education regularly and the title to which said building is owned or held by said church. 27. CLINIC: Any structure or premise usnd as an establishment for medical, physical or surgical examination of persons classified as outpatients. 28. COCKTAIL LOUNGE: An establishment which is licensed to sell intoxicating liquors by the drink; where music, dancing or other entertainment may be permitted or provided. 29. COMMERCIAL FISHERY: An establishment for the receiving, processing, packag'ing, storage and wholesale or retail distribution and sale of products of the sea for human consumption. Such an establishment may include fac]l[ties for the docking, loading, unloading, fueling, icing, and provision- lng of vessels and for the drying, maintenance and storage of equipment. 30. CONDITIONAL PERMIT: A permit issued subject to revisions or cancellation by the issuing department. 31. CONDOMINIUM: Condominium is that form of ownership of condomln~um property under which units of improvements are subject to ownership by one or more owners, and there is appurtenant to each unit as part thereof an undivided share in the common elements. 32. CONVENTION HALL: An assembly or meeting place, for delegates for action on particular matters, such as business, pulltlcal, f.raternalt veterans' affalrst and the llke. 33. COURT: An open unoccupied space, other than a yard, unobstructed except for trees, shrubs, foundations or statuary, on the same lot as a building. Aa Inner Court: A court surrounded by a structure and not extending to a 'street or'alley or to a front, side or rear yard. B. Outer Court: or rear yard. A court extending to a street or alley or to a front, s~de 37. 38. 41.. 42. DEPTH OF' LOT: The depth of a lot is the depth between its mean front street llne and its mean rear I~ne. DIRECTOR: The director of the Building and Zoning Department, unless the context clearly indicates otherwise. DRIVE:-IN BUSINESS: Any place of business or premise which serves, sells or otherwise makes available its service to patrons situated in vehicles. DRIVE-IN RESTAURANT: A prepared food and beverage sales enterprise which is operated in such a manner that all or a portion of its patrons consume their food and beverage while situated in vehicles parked on the premises. DRIVE- IN THEATER: A place of business designed For dramatic presentations, either llve or on a screen, and viewed by patrons from vehicles. DUE PUBLIC NOTICE: At least fifteen (15) days public notice, published one time in newspaper of general circulation in Collier County, which states' the date, place, time and nature of-the buslnes with which the notice is con- cerned. DWELLING UNIT: Living accommodations for a single family, whether a single-family residence, or residence In a multi-family residential building, or a single-family living unit in a transient lodging facility. FALLOUT SHELTER: A structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear f'alloub air raids, storms or other emergencies. FAMILY: Any number of individuals related by blood, marriage or legal adoption, living together as a single .housekeeping unit. F.oster children and domestic servants are considered part of a family. F.LOOR AREA: F.Ioor area shall be that area wltl~in a structure, accessible from the interior, which shall be enclosed.from direct and or)eh access from the out-of-doors or from an Interior unroofed court, and provided such areas are under roof, For purposes of this regulation, basements, attlcs~ garages and carports are not considered as "floor area". F.RONTAGE:.Distance measured along a highway, street or waterfront right- of- way. -5- 6. 47. 48. 49. 0. GARAGE, PRIVATE: A structure normally not larger than the total floor area of the principal building, solely for private use by the owner or occupants of a residential structure, or of his Family or domestic employees, for the storage of motor vehicles, and which has no public shop or mechanical service in con- nectlon therewith. G.ARAG. Et PUBLIC: A structure for Ih, storing, care, repair or re-finishing of motor vehlcles, or a structure containing a public shop where automobile mechanical service is provided. GASOLINE SERVICE STATION: A structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles and including the customary space and facilltles for the installation or application of such commodities on or in such.vehicles, but not including space or facilities for the storage, painting, repair, refinishing, body work or other servicing of motor vehicles or other accessory uses or structures excepting advertising signs. GRADI::': In such expressions as "at grade" or"to grade= it denotes the elevation of a point either on a grade line or at some established elevation as in con- struction work. GUEST HOUSE: An accessory dwelling unit which may or may not include cooking facilities, which is incorporated in, attached to, or detached From a principal dwelling and which ls used exclusively for the non-commercial accommodation of friends or relatives of the occupant or owner of the principal dwelling. HIGHWAY: Any public thoroughfare (Federal, State, or County), the ~rinclpal purpose of which is to afford primary access to the general area in which it is located. 51. HOME OCCUPATION: An accessory u.se in a residential area consisting of an occupation carried on entirely within a dwelling and only by members of the family permanently living therein... 52. HOTEL: A building occupied as the more or Jess temporary residence of individ- uals who are lodged, with or without meals, and in which there are ten or more sleeping rooms and customarily no provisions are made for cook;ng in any individ- ual room or apartment, and entrance is through a common lobby or office. 53. HUNTING LODGE: A temporary structure or shelter used primarily during the hunting seasons, and which shall not be designed or intended to be used as a permanent residence or structure. .-6- 54. INTOXICATING LIQUOR: For the purpose of the~ regulations, "intoxicating .. liquor" shall be as defined in Section 561.71 (8), Florida Statutes. 55. JUNK: Inoperative, dilapidated, abandoned or wrecked materials, includlng but not I~mlted to automobiles, trucks, tractors, wagons, boats and other kinds of vehicles and parts thereof, scrap materials, scrap building materlal~ scrap contractors equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery,, rags, paper, excelsior, hair, household appllances or furniture, or any other kind of scrap or waste material which is stored, kept, processed or displayed. 56. JUNK YARD: An area where junk is stored, processed or sold. 57. 58. KENNELING: The keeping of any dog or dogs, regardless of number, for sale, breeding, boarding or treatment purposes, except in a dog hospital, dog beauty parlor or pet shop. LOADING AND UNLC)AD~NG SPACE: Space reserved for pick up and delivery of goods and merchandise scaled to the size of the vehlcle expected to be used, and designed so as to be acceslble to such vehicle when adjoining spaces, build- ing sites and other open or reserved space is used. 59. LOT: As used in this ordinance, a 10t is a lawful building site. Corner Lot: Any lot s~tuated at the junction of and abutting on two or more intersecNons or intercepting streets or public highways. If the angle of intersection of the direction lines of two hTghw(~ys is more than 135 degrees, the lot fronting on said intersection is 'not a corner !et. Interior Lot: Any lot which is not a corner lot. --7- 0e 61, 62. 10T COVERAGE: The amount of square feet of the living area of the pr. lnclpal building on the ground floor. _L.0T. LINE: A dimension and location describing the edge of a parcel whether platted~ described by metes and bounds or agreed upon by adiolnlng parties. Aa Fir~'~n.t Lot Line: In the case of a lot abutting upon only one street~ the front lot line is the line separating such lot from such street. In the case ora corner lot, that part of the lot having the narrc~west frontage on any street shall be considered the front lot llne. In the case of any other lot, one such line shall be elected to be the front lot line for the purpose of these regulations, provided it is so designated by the building plans which meet the approval of the director of the Deportment of Building and Zoning, and provided such front line corresponds with the c~slgnated front lines of other existing structures upon the same street facing. Rear Lot Line: The rear lot llne is that boundary whlch ls opposite and most distant from the front lot llne. In the case bt: a lot pointed at the rear or any odd-shaped lot, the rear lot llne shall be determined by the director of the Building and Zoning Department.. C$ Side Lot Line: A side lot llne is any boundary lot llne not a front lot line or a rear lot line. A side lot line separating a I'ot from another lot or lots is an Interior side lot llne. LOT OF' RECORD: A lot which is a part of'a platted subdlvls~on or a parcel of land recorded in a Collier County Deed E~ook or official record book. 63. MARINA: A recreational boating establishment which may provide covered or uncovered boat slips or dock spacer dry boat storage, marine fuel and lubricants, marine supplies, restaurants or refreshment facillt~es, boat and boat motor sales or rentals. Minor pleasure boat and boat motor repair which ~s ~ncidental to the prlnc~pal marina use Js permitted as an accessory use; however, no dredge, barge or other work dockage or service is Perm~tted~ and no bbat construction or recon- structlon ~s perr~itted. 64. MILK PROCESSOR: A person who does not produce milker milk pr..~ducls~ but purchases the same from a producer for the purpose of prepa~'ing for resale to the public in packaged form by the different acts of processlng~ such as pasteurization, cooling, packaglng, etc. 511 MILK PRODUCER: A person who owns or operates a.dalry farm and offers milk products produced by hlm to any firm or plant for processing for scde to the Public in package form. 67. MILK PRODUCER-DISTRIBUTOR: A person farm and offers his milk or milk products public in package form. who owns or operates a dairy produced by him For sale to MOBILE HOME: A detached reslden;*ial living unlt Ten (10)Feet or more in wldth designed to be transported after fabrication on streets and highways on its own wheels, but which may be transported on a flatbed or other trailers~ and arriving at the site where it ts to be occupied as a dwelling, complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, pass~ble location on lacks or permanent foundat~ons~ connections to utilSt~:~s, or the llke. A trailer as. defined herein is not considered a mobile home for purpose- ,,r thls ordinance. 68. MOBILE HOME AND TRAVEL TRAILER PARK: An area designed, constructed, equipped, operated or maintained for the purpose of providing spaces for mobile homes, and tra~lers (except camping trailers) intended to be used as temporary or permanent living facilities. 69. MODEL HOME: A res[dentlal structure used for demonstration purposes or sales promotion, not occupied as a dwelling unit, and open to the public for inspection. 70. MOTEL OR MOTOR HOTEL: A building or group of two or more buildings designed to provide sleep!ng accommodations for transient or overnight, guests, customarily having no common entrance or lobby, and which generally have direct private openings to a street, drive, court, patio, etc. 71. MULTIPLE-FAMILY or MULTI-FAMILY: Three or more families. 72. 73. 74. 5e NEW AND UNUSUAL USE: A use which is unique, and unusual to the uses permitted for the area, but which does not tend to downgrade or does not substantially change the intent of the district purpose of the area, but will tend to ~mprove the economy, welfare, health and overall benefit of the public, provided such use ls not defined as an allowabl~ or allowed use within a zonlng district classification established by this re~ulaHono NIGHT CLUB: See Cocktail Lounge. NON-CONFORMITY: A lot, structure, or use of land, or any combination thereof~ which was lawful when established, the new establlshmentoFwhlch would be prohibited by current zoning regulations. I'IURSERY SCHOOL: A~y structure, lot or premise where a commercial or institutional establishment is maintained or operated temporarily or per- C manently for the traln{ng or care-other age children. 76. 7. 78. 79. 81. 82. than medlcai core- of' pre.- school NURSING OR CONVALESCENT HOME: A home, institution, building or residence, public or private, whether operated for profit or not which provides maintenance, personal care or nursing for a period exceeding twenty-four (24) hours to three or more ill, physically infirm or aged persons, who are not related by blood or marriage to the operator. OLD SUBDIVISION: A subdivision on which the 'plat has beenoFflciallyac- cepted and recorded prior to June 21, 1966, and which has not reverted to acreage, tracts or blocks. PLACE OF BUSINESS: Any vehicle, building, structure, yard, area, lot, premise or part thereof, or any other place in or on which one or more persons engage in a profit-seeking business. PREMISES: Any lot, plot, parcel or tract of land, with or without a building or buildings or structure or structures thereon. PRINCIPAL BUILDING: A building which houses the main use or activity occuring on a lot or parcel of ground. PRIVATE CLUB: A property owned or leased and operated by a group or an association of persons and maintained and operated solely by and for the members of such a group or association and Ihelr guests and which is not available for unrestricted public access or use. PROVISIONAL USE: As used in connection with the provisions of these regulations dealing with zoning, a provisional use is a use that would not be appropriate generally or without restriction throughout the particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, good order, appearance, convenience, prosperity, morals and the general welfare. Such uses may be permitted in such zoning d;strlct or classification as pro- visional uses, if specific provision for such provisional use is made in the zoning ordinance and does not substantially change the intent of the district purpose. PUBLIC UTILITY: Any facility For rendering electrical, gas, communications, transportation, water supply, sewage dlsposal~ dralnege, garbage or refuse disposal or fire protection service or the Ilk., to the general public. RECREATIONAL AREA OR FACILITY: A place designed for use for' art, sports, hobbies, health and similar leisure hour activities. - 10 ..- 87. 89. 90. 91. 92. 93. 94. 95. .~EGULATION: A component part, requ;rement or total requirements ora duly authorized, resolved, or ordained requirement of a government or govern- ment agency or organization. .RESIDENCE: A single-family dwelling or a dwelling unit in amultlple- family dwelling, which contains sleeplng~ bathroom, food refrigeration, cooking, and dining facilities. RESTAURANT: A building, room or rooms, where food is prepared and served as a commercial enterprise to the. public and for consumpHon on the premises. RETAIL BAKERY: Baked goods sales shop at which more than 5~/o of the baked goods produced are sold at retail from the premises. RETAIL SHOP & STORE: A business activity which sells commodities at retail. RETAIL SERVICE OR DISPLAY LOTS: A business conducted in port or wholly within open display lots or areas. RIGHT-OF-WAY: A path or route which may lawfully be used for the purpose of roads, streets, or alleys, utility and transmission lines or canals. RIGHT-OF-WAY LINE: The outside boundary of a right-of-way, whether such r~ght-of-way be established by usage, dedication, or by official right- of- way map. SCREENING (CONCEALING): A structure of metal, masonry, woodor landscape planting or other suitable opaque material, for the purpose of concealing from vlew those areas so screened. SETBACK: The minimum horizontal distance from a right-of-way llne, property llne, bulkhead llne, established shore llne or other defined location and the nearest portion of a structure or. use of land. SHORELII',IE: A straight or smoothly curving llne which is determined by the annual average water level. Boat slips and other man-made or minor indentations shall be construed as lying landward of the shoreline and are considered upland when com- putlng the lot area of waterfront property. 96. SIGNS: See Section 2.2, Paragraph 2, Advertising Sign. See also Chapter XXIII- Signs and Outdoor Displays of the Collier County Bu1~dlng Code. 97. .SI. TE: Area of premise fo be covered by a structure. C 9. 01. 102. 103. STORY: That portlon of a buildlng included between a floor whlch is calculated as a part of a buildlng's "floor area' and the floor or roof' next above it. .STREET: A public and dedicated thoroughfare which affords means of access to abutting property. the prlnclpal sTRucTURE: Anything constructed or erected~ the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground. SUBDIVISION: The division of a parcel of land into two or more individual lots shown as a matter of public record by means of a recorded map or plat~ designed, intended or shown to be for a transfer of ownership for use as residential, multiple-family, commercial or industrial properties.' SUBDIV, ISI.0Nt,.0LD: See 0Id Subdivls~on. TRAILER: A portable living unit other than a Mobile Homeandless than 10 feet in wldth~ and may include the fallowing: ,.Dependent Trailer: A trailer having sleeping and usually kitchen fac~lltles only and which is dependent upon a service building for toilet and lavatory facilities. Self-Contalned Trailer: A trailer which can operate For short periods of time Independent of connections to sewer, water, and electric systems. It contains a water-flushed toilet, lavatory, shower and k~tchen slnk, all of which are connected to water storage and sewage holding tanks located wlth~n the trailer. De Travel Trailer: A travel trailer Is a vehicular, portable structure bullt on a chassls~ designed as a temporary dwelling for travel, recreation and vacatlon~ having body width not exceeding e~ght feet and being of any length provided its gross weight does not exceed 4.,500 pounds or being of' any weight provided its body length does not exceed 29 feet. Pick-Up Coach: A pick-up coach is a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. Motor Home: A motor-home Is a portable, temi~rary dwelling to be used for travel, recreation and vacation, constructed, as an integral part' of a self- propelled vehicle. Campin,c/ Trailer.: A camping trall~ is a canvas, fording structure, mounted on wheels and designed for travel~ recreation and vacation use. ( 104. 105. 106. 107. 108. 109. 110. 111. TRAVEL TRAILER PARK AREA: A parcel of land under single ownership, or control, in which two or more spaces are occupied or intended for occupancy by trailers for transient dwelling purposes. TRANSIENT LODGING FACILITY: A single, two family or multiple-family dwelling in which each dwelling unit contains sleeping facilities, and which may or may not include cooking facilities, intended for more or less tempora, ry occupancy. Hotels and motels are typical transient lodging facilities. VEHICLE: A conveyance for persons or materials. A. Commercial Vehicle: Any bus, truck or other vehicle designed, intended or used for transportation of people, goods or things, and any vehicle requir- ing commercial licenses, other than private passenger vehicles and private lrailers used for non-profit transportation of goods or boats. Specifically excluded from this definition are panel or pickup trucks upon which no adver- tising is displayed and which are used as personal transportation. B. Private Vehicle: A vehicle no larger than three-quart.er (3/4) ton capacity, the principal use of which is to furnish transportation to the owner thereof or his immediate family, and upon which no advertising is displayed. WATERFRONT: Any site shall be considered as waterfront premises provided any or all of its lot lines abut on or are contiguous to any body of water, including creek, canal, bay, gulf, river or any body of water~ natural or artificial, not including a swimming pool, whether said lot llne is front, side or rear. YARD, FRONT: Any yard which abuts a street (not including alleys). YARDt REAR: A yard which is neither a front, Gulf, nor side yard. YARD~ SI DE: A yard other than a front'yard or a waterfront yard, which is perpen- dicular or nearly perpendicular to a front yard. YARDi REQUIRED: A portion of a lot in which no structure shall be erected, except as permitted by these regulations. ARTICLE Ill ESTABLISHMENT OF DI STRI CTS Section 3.1 - Use Districts. For the purpose of this regulation, the unincorporated portion of Immokalee Area (District 5) of Collier County, Florida, are hereby divided into districts designed as follows: 2 - 13 - l~O0~ ; I-SF-1 I-SF-1A I-SF-'2 I-SF-2A I-SF-3 I-SF-~ I-MF-1 I-MF-1A I-MF-2 I-MF-2A I-MF-3 I-MF-~ I-MF-5 I-MHSD I-MHTT I-C-1 I-C-2 I-C-3 I-C-~ I-I I-A-1 I-A-2 I-FL Single Family Residential District Single Family Residential Distrlet .Single Family Residential District Single Family Residential District Single Family Residential District Single Family Residential District Gne and Two Family Residential District One and Two Family Residential District One, Two and Multiple Family Residential District One, Two and Multiple Family Residential District Two and Multiple Family Residential Distmict Multiple Family Residential District Multiple Family Residential District Mobile Home Subdivision District Mobile Home and Travel Trailer Park District Commercial District Commercial District Commercial-Light Industrial District Commercial-Light Industrial District Industrial District Agricultural District Agricultural District Farm Labor Camp Supplementary District Section ~.2 DISTRICT BOUNDARIES. The boundaries of each district are hereby established as shown on map? in the ma~ atlas entitled "Official Zoning Map, The Immokalee Ar~a, Collier County, Florida". Said maps shall be identified by the s~gnature of the Chairman of the Boamd of County Commissioners of C.,llier County, Florida and so attested by the Clerk of the Circuit C~,u~t under the following words: "This is to certify that this i: Map Sheet No. ,of sheet~ of the Official Zoning Map and Atlas of the Immokalee A~ea, Collier County, Florida referred to in Section 3.2 of this Zoning Regulation dated .,1970." Said maps and all explanatory matter thereon accompanies and are hereby made a part of this Regulation and will be hereafter referred to as the "Zoning Map." Original copies shall be the Official Zoning Map and shall be retained in the office of the Building and Zoning official. Section 3.3 MAP AMENDMENT. If, in accordance with the provisions of this regulation, changes are made in district boundaries or other subject matter portrayed on the Zoning Map, such changes shall be made on the Zoning Map promptly after the amendment has been adopted, together with an entry upon the margin of the Zoning Map or by instru- ment attached thereto, indicating the date of amendment, a brief description of the amendment and a signature of the Chairman of the Collier County Commission which shall be attested to by the Clerk of the Circuit Court. -14- No changes of any nature shall be made in the Zoning Map or matter shown thereon except In conformity with the procedures set forth in this ordinance. Regardless of the existence of purported copies of the Zoning Map which may from time to tlme be made or published, the Official Zoning Map which shall be located in a designated place easily accessible to the public, shall be the final authority as lo the current zoning status of landand water areas, buildings, and other structures in the county. Section 3.4- .ReplaCement of Official Zoning Map. In the event that the OFFicial Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the County Commission may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions In the prior Official Zoning Map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be pre- served together with all available records pertaining to its adoption or amendment. Section 3.5 - Rules for InterpretaHon of' exists as to the boundaries of districts following rules shall apply: District Boundaries. Where uncertainty as shown on the Official Zoning Mop, the I. Boundaries Indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such Center lines; 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; 3. Boundaries indicated as approximately following political boundaries shall be construed as following such political boundaries; 4. Boundaries indicated as following rallroad lines shall.be construed to be midway between the main tracks; Boundaries indicated as following shorelines shall be construed to follow such ~horellnes, and In the event of change in the shoreline shall be construed as moving with the actual shorellne; boundaries Indicated as approximately following the center lines of streams, rivers, canals~ lakes, or other bodies of water shall be construed to follow such center lines; 6. Boundaries indicated as parallel to or extensions of features indicated In sub-- sections I through 5 above shall be indicated on the Official Zoning Map map; so construed. Distances not specifically shall be determined by the scale of the Where physical or cultural features existing on the ground areat variance with those shown on the Official Zoning Map, or in other circumstances not covered by sub-sectlons 1 through 6 above, the Board of Zoning Appeals shall interpret the district boundaries; Where a district boundary divides a lot which was in single ownership at the time of passage of this ordinance, the Board of Zoning Appeals may permit the extension of the regulations for either porHon of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot. ARTICLE IV APPLICATION OF REGULATIONS Except as hereinafter provided: Section 4.1 - Uses. No building, structure, land, or water shall hereafter be used or occupied and no building or structure or part thereafter be erected~ constructed, reconstructed, moved, or' structurally altered unless in conformity with all the regulations herein specified for the dlstrlct in whlch it is located. Section 4.2 - Buildings. No bu;Idlng or structure shall hereafter be erected, con- structed, or altered so as to exceed the height limitations, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to enclose a floor area below the minimum specified, to have narrower or smaller yard space or other open spaces than herein required for the district in which it is located, except as hereinafter provided. Section 4.3- Lots. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that lot width or depth or required yard and open space, lot area per family or other requirements of' this regulation, are not maintained. This section shall not apply when a portion of a lot is acquired for public use. Section 4.4 - Yard Space. No part of a yard or other' open space including off- street parking and loading spaces required about any building shall be included as a part of a yard or other open space similarly required for another building. Section 4.5 - Submerged Land. Land which is normally under water during the dry season shall not be calculated as a part ora lot in determining the minimum lot or yard area re- quired herein, except as otherwise provided. In the event a dyke or other obstruction designed to prevent intrusion of water is provided to comFletely protect the lot or yard area, - 16- tsoar~l of Z Tng Appeals may approve construc'tion ~n sa~d rand or to cover said yard area upon the pre'..entat,on of reasonable and professional evidence that the obstruction 'is :su.~';clent to prevent flooding and undermining of foundations. Section 4.6- Minimum Requirements. Within each district, the regulations set forth shall be minimum requirements and shall apply uniformly to each class or kind of structure or land. ARTICLE V GENERAL PROVISIONS Section 5.1 -Number of Buildings Per Lot. Within any district, more than one structure and its attendant accessory structures may be constructed upon any parcel of land provided that yard use and other requirements of' this ordinance are complied with for each structure as though it were on an individual lot. Section 5.2 - Street Access, lot or tract to which there easements), Buildings shall hereafter be constructed onlY on a is legal access, (including dedicated, public or private Section 5.3- Establishment of' Setback lines are established on streets, roads yards of corner lots shall 'be measured the date such setback lines are officially Lines for Street Widening. Where setback or highways, the front yards of lots and side from the edge of. said setback lines, effective established. Existing and proposed rlghts-ol~-way for 'street, road and highway construction may be defined on a maior street plan map and such other documents and ma{'erlals as are necessary, adopted by the County Commission for the purpose of' establishing such setback lines. Section 5.4 - Uncompleted Buildincjs. Any building or structure for which o lawful building permit has been issued, and the construction of.which has been started prior to the effective date of this regulation, or its subsequent amendment, may be completed and used in accordance with the plans and specifications upon which said permit was granted, provided such construction is completed within six months after the effective date of this regulation or amendment, except for a demonstrated cause ap. proved by the County Commission. Section 5.5 - Time Limit For Special Permit or Variance. Where there has been given or granted a permit for a Provisional Use pursuant to the provisions of this regulation or where the Board of Zoning Appeals has granted a variance pursuant to the provisions of thls regulation, such approval, grant or permit shall become null and void unless the work thereon ts substantially underway within six months of the date of such action or unless underway In a shorter period as required by said Board or Commission. Section 5.6- Obstruction to Vision at Street Intersectigns. In order to minimize :~ caus(. / obstruction regulations shall apply: let street( } ' thc~ ",)g , ,orsectlon, .. 1. Within the area formed by tho rights-of-way lines of intersecling streets, a straight llne connecting points on such right-of-way lines at a distance of forty (40) feet from their point of intersectlon, such connecting line extending beyond the points to the curb lines, there shall be a clear space with no obstruction to v~slon between the height of three (3) feet and a height of eight (8) feet above the average grade of each street as measured at the centerllne thereof. 2. The requirements of this Section shall not be deemed to prohibit any necessary reta~nlng wall. 3. Trees shall be permitted in the-clear space provided that foliage is cut away within the prescribed heights. 4. Lamp posts and street name s~gn posts shall aisle be permitted, provided that illuminating fixtures or name plates are not within the prescribed clear space. Section 5.7 - Location of Accessory Structures. In residential districts and on any lot used for residentiaJ purposes, no accessory structure, including for the purposes of this section: inoperative aulomotive vehicles; shall be located in required front or side yards. Accessory structures shall not exceed two and one- half (2½) stor~es in height, shall not cover more than 30% of any required rear yard and shall be at least five (5) feet from side lot lines and common rear lot line or alleys, or shall have the same setbacks as principal structures, which- ever is greatest. Accessory structures shall be located at least ten (10) feet from any other structure on the same lot. Accessory Structures must be construct- ed simultaneously with or following the construction of the main structure, and shall not be used until after the principal structure has been fully erected. Section 5.8 - Essential Service. Essential service uses shall be permitted as authorized and regulated' by Iaw, it being the intentlon hereof to exempt such uses from the application of the Zoning RdgulaHon. Essential services are those regulated'by Ihe State and Public Service Commission and. include, for example, transportation routes and utility transmission lines. Section 5.9- LOCATIONAL RESTRICTIONS FOR USE INVOLVING INTOXICATING BEVERAGES. It shall be unlawful for persons to ~ell or offer for sale at retail any alcoholic beverages, w~nes or beer within the county except in a s;ore, establishment or place of business licensed by the State of Florida and the County for the sale of alcoholic beverages. The following Iocatlonal restrictions shall apply to used which involves the sale or distribution of ]ntox]caHng beverages in the County in any quantity as follows: 1. N.o such.usa shall be located within four hundred (400) feet of any established school or church. [he c~stance of ~'our hundred (400) feet shall be measured from the front door of the established schools or churches to the front door of the proposed license, along the route of ordinary pesdestr~an traffic. 2. No certificate of occupancy shall be issued to any applicant for con- sumpHon or sale 0f liquor as defined under the laws of Florlda~ either on the premises or off the prem~ses~ if the place of business of such applicant is situated less than five hundred (500) feet from an 'established licensee; such five hundred (500) foot distance to be measured and computed from the front door of the established licensee to the front door of the proposed license~ along the route of ordinary pedestrian traffic; and provided further that the restrictions herein set forth shall not be applicable to hotels with one hundred (100) or more guest rooms~ and such hotels may contain places of business for the sale of liq0or to be consumed on the premises where such" sales are conducted in an orderly manner, and where such sale of liquor ~n such hotels is strictly incidental to the prlnc~pal hotel use and where there are no signs of any type exhibited or displayed to the outside, including that liquor is obtalnnble there- in, and where the room for the sale of liquor as conducted, does not open upon any public street or sidewall<. Not more than one certificate of occupancy for consumption on the premises shall be issued for hotels. ARTICLE VI EXCEPTIONS AND MODIFICATIONS Section 6.1 - Front Yard Recjulreme,nts. Front setb6ck requirements of this regulaHon for 'dwellings S~all not apply in the following cases: To any lot where the average setback on developed lots wlth[n one hundred (100) -18,1- feet on each side ls less than the minimum required setback, providing, however, thct the adjacent developed lots are located within the same zoning d~strlct and within the same brock face as the lot where such exception is given. A front setback which is not less. than the average of the existing setbacks on developed lots may be used. This exception or modification shall not apply when the required setback is es- tablished for the purpose of defining rights-of-way under Section 5.3 hereof. Section 6.2 - Exception to Height Limitations. The height limitations ~f this regu- lation shall not apply to elevator equipment rooms, stairwell housing, church spires, belfries, cupolas, domes, monuments, utility towers, forest fire observation towers when operated by a branch of government, transmission towers, chimneys, aerials, or other appurtenances, either temporary or permanent, usually required to be placed above the roof level and not intended for human occupancy. Section 6.3- Exception to Hei~lh't Limitations for Public or Semi-Public Use. The height limitations of this Regulation shall not apply to churches, schools, hos- pitals, sanitariums, and other public or semi-public buildings provided that the minimum depths for yards required in the district are increased by two (2) feet for each foot by which the height limit in feet prescribed for other structures in the district is exceeded. Section 6.4- Temporary Permits. The Board of Zoning Appeals may, in specific cases after investigation and subject to.appropriate conditions and safeguards, including notice and a hearing as are provided for appea!s to the Board of Zonlng Appeals, grunt a temporary permit for the followl~ng uses: exhibitions, fairs, recreation events-such as a horse show, rodeo, regatta, race-or other similar activity provided that: ' 1. There is no existing building available within the area which would lend itself to such activity and is available for such use; -19- 2. That all requirements as to providing sufficient p~rklng and loading and unloading space is assured; e That sufficient setbacks to all lot lines are prescribed by the Board so as to protect the use and enjoyment of the adjoining property; Tha't adequate sanitary facilities meeting the approval of the County Health Department are provided; Se That a bond is posted in addition to an agreement with o responsible person sufficient to guarantee that the ground area used during the conduct of the activity is returned to a condition acceptable to the Board and agreed upon as a condition to the grant of the temporary permit. ARTICLE VII NON-CONFORMING LOTS, NON-CONFORMING USES OF LAND, NON-CONFORMING STRUCTURES, AND NON-CONFORMING USES OF STRUCTURES AND PREMISES Section 7.1 - Intent. Within the districts established by this ordinance or amendments that may later be adopted, there exist lots, strucluresf uses of land and structures and characterlsHcs of use whlcl~ were lawful before thls ordinance was passed or amendedt but which would be prohibited, regulated, or restricted under the terms of this ordi- nance or future amendments. it is the Intent of thls ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Section 7.2- Extension and Enlargement. A non-conforming use cf a structure, a non-conforming use of' land, or a non-conforming use of a structure and land shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of additional signs intended to be seen from 'off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. To avoid undue hardship, noth;ng in this ordlnanceshall be deemed to require a change in the plans, construction, or designated use of any building on which actual construc- tion was lawfully begun prior to the effective date of adoption or amendment of th;s ordinance and upon which actual building constrUction has been diligently carr'ied on. Actual construction is hereby defined to include the placing of construction materials in p~rmonent position and fastened in a permanent manner'. Except that where demo- lition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completlon of'the building involved. In no event shall the time of such constr:uctlon exceed a period of one year except for a demonstrated cause approved by the County Commlsslon. Section 7.3- Non-Conforming Lots of Record. In any district in which single- family dwellings are permitted, not withstanding limitations imposed by other pro- visit,ns of this ordinance, a single=family dwelling and customary ace,scary build- ings may be erected on any single lot of record at the effective date of cidoptlon or amendment of this ordinance. Such lot must be in separate ownership and ,':.~t of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the dlsfrict, provided' that yard dimensions and other requirements not involving area or width, or both, of the lot sh. all conform to the regulations For the district in which such lot is located. Variance c~f area and width shall be obtained only through action of the Board of Zoning Appeals. If two or more lots or combinations of lots and portions of lots with continuous frontage In single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to bo an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance. Section 7.4 - Non-C°nforming Uses of Land. Where, at the effective date of' adoption or amendment of this ordinance, lawful use of land ~xlsts that is made no longer permissible under the terms of this ordinance as enacted or amended, and where such use involves no individual structure with a replacement cost exceeding five percent of the assessed value of the structure, such use may be continued, so long as it remains otherwise lawful, subiect to the following provisions: Non such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of' adoption or amendment of this ordinance; unless such use is changed to a use permitted in the district in which such use is located; No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance; e If any such non-conformlng use of land ceases for any reason for a period of more than ninety (90) consecutive days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located; -21 ~ No additional structure which does not conform to the requirements of this ordinance shall be erected in connection with such non- conformlng use of land. Section 7.5 - Non-Conformlnq Structures. Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coy.,rage, helght, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as Jt remains otherwise lawful, subject to the following provisions: ' No such structure may be enlarged or altered in a'way which, in the oplnlon of the zoning admln~strator, increases its non-conformity, but any structure or portion therof may be altered to decrease its non-conformity; Should such structure be destroyed by any means to an extent of mare than 50% of its assessed value at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordlnonce; Should such a structure be destroyed by any means to an extent less than 50% and more than 35%, it may be restored only upon application for variance to the Board of Zoning Appeals; e ShouJd such structure be moved for any reason for any distance whatever, it Shall thereafter conform to the regulaHons for the d~strlct ~n which it is located after it is moved. Section 7.6 - Non-Conforming Uses o.f Structures 9r Qf Str¥ctures and Premix.es in Combination. If a lawful use involving individual structures with a replacement cost of at least 5% of' the assessed value of the structure or more, or of structure and premises ~n combination, exists at the effective date of adoption or amendment of thls ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No existing structure devoted to a use not permitted by this ordlnahce in the district in which it is located shall be enlargedt extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted In the district in which, it is located; Any non - conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for 'such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building; - 22 - If no structural alterations are made~ any non-conforming use of a structure~ or structure and premises, may be changed to another non-conforming use provided that the Board of Zoning Appeals~ either, by general rule or by making findings In the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change~ the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with the pro- visions of this ordinance; Any structure, or structure and land in comblnation~ in or on which a non- conformlng use is superseded by a permitted user, shall thereafter conform to the regulations for the district in which such structure is .located, and the non-conforming use may not thereafter be resumed; When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for eighteen (18) months during any three-year period-except when govern- ment action impedes access to the premises-the structure, or structure and premises In comblnatlon~ shall not thereafter be used except ~n con- formarlce with' the regulations of the district In. which It Is located; Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall el~m~nale lEe non-conforming status of the land. Destruction For the purpose of this subsection is defined as damage to an extentof more than 50% of the assessed value at time of destruction. Section 7.7 - Repairs and Maintenance. On any building devoted in whole or in port to any non-conforming use, work may be done 1n any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement ofnon-bearlngwalls~ fixtures, wiring, or plumbing, to un extent not exceeding 1~/, of the current replace- ment value of the bulldlng, provided that the cubic content of the buJldlng as it existed at the time of passage or amendment of this ordinance shall not be increased. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety. Section 7.8 - Uses .Under Exception Provisions Not Non-Conforming Uses~. Any use which is a provisional use permitted as provided in this ordinance-other then a change through Board of Zoning Appeals action from a non-conforming use to another use not generally permitted in the district-shall not be deemed a non-conforming use, but shall without further action be deemed a conforming use In such district. .Section 7.9- Termination Requlre. ments for Certain Non-Conform~tles. The use of all buildings and structures~ except those for residential use, shall be made to conform to the provisions of this ordinance on the basis of 100% of the 1968 assessed valuation as fixed by the County Tax Assessor at the time thls ordinance becomes effective. Time allowed before required termination of such non-conforming build- ing.~ and structures shall be counted from the date such non-conformity commenced, as determined by the Building 0fficlal~ but in no case shall any such non-conformity be considered to exist prior to the effective date of the ordinance. The f~'~llowlng sha~l be followed to determine time allowed before required termination: 1970 Assessed Value Year~s to Cantor. re. 0 - $ 2,000 2 $ 2,001 - $ 5,000 3 $ 5,001 - $10,000 4 $10,001 - $25,000 8 $25,001 - $50,000 12 $50,001 - and above 15' Non .'conformitles not involving the use of a principal structure, e.g., open storage, building supplies, vehicles, mobile homes, trailers, implement and machlnery star.age, signs, billboards, junl< yards: commercial animal yards and the llke, shall be d!scontlnued wHhin one (1) year of the effective date of this ordinance or amendment. ~RTICLE VIII OFF-STREET PARKING, LOADING AND UNLOADING REGULATIONS Section 8.1 - Definition. For the purposes of this ordinance, the term 'off-street parking space" shall consist of a minimum net area of two hundred (200) square Feet of appropriate dimensions for parking an automobile, exclusive of the area required for access drives or aisles thereto. Section 8.2 - General Re~.ul.rements and Speciflcatlo.ns.. 1. ENTRANCES~ & EXITS: Each parklng space shall be directly accessible From a street, alley or other public right-of-way or from an adequate access aisle or driveway ~eading to or from a street, alley or other public right-of-way. Except For one or two family dwelllngs~ all off-street parking facilities shall be so arranged that no automobile shall have to back into any street. Ail entrance and exlt driveways shall not be permitted closer than ten (10) feet From a street intersection. 2. SURFACE MATERIAL & DRAINAGE: All off-street parking facilities shall be graded and improved to allow easy maneuvering of vehlcl~s. All Off-street park- ing facilities shall be suitably sloped and drained so as not to cause any nuisance to adjacent or public property. e .LOC.~TI ON: A. Parking Space: Required off-street parking shall be provided elther on lhe same site it serves, or on contiguous land, or on land located within a radius of six hundred (600) feet from the site. B. Loading and Unloading Space: A loading and unloading space shall be pro- vlded either in the building or on the same lot as the principal structure. Section 8.3 - Requirements for Off-Street Parking. There shgll be provided at the time of the erection of any main building or structure or at the time any main building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, floor area or seats, m~nimum off-street parking space with adequate provisions for ingress and egress in accordance w~th the following requirements: 1. OFFICE AND P~OFESSIONAL BUILDINGS: Provide at least one parking space for each office, but no less than one for every 400 square feet of rental floor space; consider first floor only. 2. APARTMENTf CO-OPf HOTEL~ MOTEL, GUEST HOUSE~ ETC: Provide one park- ing space for each of the first 50 indlvlduul guest rooms or suites. One additional space for each two individual guest rooms or suites over fifty (50). 3. HOSPITALS~ NURSING HOMES~ CONVALESCENT HOMES~ ETC: Provide one parking space for each two beds. 4. SUPERMARKETS AND LARGE SHOPPING AREAS: Provide 200 square feet of park- lng space for each 100 square feet of retail sales floor area. 5. INDIVIDUAL RETAIL STORESf OR OFFICES: Provide one parking space for each 200 square feet of floor space. 6. RESTAURANTS~ BARS~ NIGHT CLUBS~ CHURCHES~ AUDITORIUMt DEPARTMENT STORESt FRATERNAL LODGESf OR ANY BUILDING USED AS A PUBLIC GATHER- ING PLACE: Provide one parking space for each four'seats. 7. INDUSTRIAL AREAS INCLUDING MANUFACTURING AND WAREHOUSES: Provide one parking space for each 1~000 square feet of floor space, or for each five employees, whichever i: greater. 8. RESIDENTIAL: One parking space for each family unit shall be provided.. .Section 8.4 - R~cjulrements for Off-Street.....Loa. dlng and Unloading. Any building used for purposes of providing merchandise of any sort to retail or wholesale trade shall vide a minimum of one loading or unloading area (10' x 20') in the building or on the lot, for every building containing 10~000 square feet or less. One additional space hall be provided for each additional 10,000 square feet of gross floor space or fraction hereof. ~ectlon 8.5 - Permanent Reservation. Areas reserved for off~-street parking, loading or unloading, in accordance with the requirements of these regulations, shall not be reduced in area or changed to any other use unless the allowed or allowable use which it serves is discontinued or modified, except where equivalent parking or loading space if provided. Section 8.6 - Ex.ceptlons to Off-Street Parklng..and Loading Requirements. . CENTRAL BUSINESS DISTRICT: Unless otherwise provided, areas designed as the Central Business District of a communiJy shall not be required to meet the requirements for off-street parking and loading herein. Such Central Business Districts may be designed on a map or such other documer~ts and materials as are necessary, adopted by the County Commission upon recommendation of the Planning Commission for thepurpase of exempting such area from off-street parking and loading regulations. USES NOT LISTED: The requirement for off-street parking for any uses that are not specifically mentioned In thlc section shall be the same as provided in this section for the use most similar fo the one sought, it being the intent to require off-street parking facilities with all uses except those uses In designated Central Business Distr~cts. Such determinations are to be made by the enforcement official. When units or measurements deter'mlnlng the number of required off-street parking spaces result in requirement ora fractional space, any such fraction equal to or greater than one-half shall require a full space and any fraction less than one-half shall be dropped. MIXED USES: In case of mixed uses, the fatal requirements for off-street parking shall be the sum al~ the requJrements of the various uses computed separately and off-street parking space for one use shall not be consider'ed as provid~ng the required off-street parking for any other use, except that when in the opinion of the enforcement official, one or more uses of a mixed use occupancy are subordinate to and basically dependent upon, a primary use, the enforcement official may reduce the requirements of su~:h, sub- ordinate use or uses to a percentage deemed appropr, late. Where a greater' number is not elsewhere required in thls ordinance, each and every separate and individual store, office or other' business.shall be provided w~th at least one off-street parking space. Section 9.1 - Procedure..for Obtaining Permit. The enforcement official shall issue a building permit/certificate of occupancy for any uses permitted in any dls~rlct as a provlslonal use only after the County Commission, upon recommendation of the Plannlng Commission, has found as a fact that such use complies w~th the spirit and intent of the Zoning Ordinance and with parHcular prov~slons specified for such use. Any party wishing to obtain a building permit/certificate of occupancy for a provisional use shall comply with the following procedure: Submit an application in form specified by the enforcement official among other things, the type of use requested to be permitted, the zoning district in which the use is permitted as a provisional use, the exact IocaHon of the use, and such other information as may be required. A filing fee shall be submitted to defray the cost of advertising and holding a public hearing upon such appllcaHon, as may be set from tlme to time by the County Com- mission. 2. Concurrent with the application, a plot plan shall be submitted showing among other things, the following particulars, where applicable: A. The actual shape, proportion and dimensions of the lot to be built upon or used. B. The shape, size, height and location of all buildings to be erected, altered, or moved os well as the disposition and use of' structures and buildings already upon the lot. C. The use and intended use of all buildings arid structures and land area. D. The setback lines of buildings upon adjoln[ng lots and such other ;nfor- matlon concerning the lot or parcel or adjoining lots and parcels and rights-of-way as may be essential for determining that the provisions of this ordinance are being observed. E. Information on any proposed excavation or other alteration of the ground level or water course. F. Major paints of access unto and off the s~te; internal circulation ways for vehicular movement; and location and treatment of off-street parking and loading spaces. The enforcement official shall submit .the application and plot plan to the Planning Commission for review. The Planning Commission shall 'hold a public hearing, after due ~blic notice has been gjven as required. The Planning Commission shall then forward its finding and recommendation to the County Commission for final action. Se Section that a the and prior to final approval, the County Commission 'must find as fact that the proposed use complies with the spirit and intent of the Zoning Ordinance and with particular provisions specified for such use. Subsequent to such finding by the County Commission, the customary pro- cedure for obtaining a building permit or certificate of occupancyshall take effect. 9.2- General Criteria for Provisional Uses. In making a finding o'f fact provisional use complies with the spirit and intent of the Zoning 0rd~nance, reviewing boards shall consider, among other things, the following particulars: The use, as permitted in a specific location, is not detrimental to the safety, health, morals and general welfare alr. the public, including the.fact that the use does not create or contribute to a fire hazard, san~tatlon inadequacies or other community facilities inadequacies. e The lot and building regulations or standards For such use meet either the most restrictive requirements fo, such use specified in any other zoning district where such use is otherwise permitted, or, if no such standards exist, the standards proposed by the applicant are adequate and do not tend to: A. Lower the property values elsewhere in the dlslrlct or in adjacent districts; Alter the essential character of the dlstr~ct; C. Interfere with the zoning plan for the area; D. Interfere with the rights of other property owners in the district or in adiacent districts; or F'. Cause or contribute to overcrowding of' property or persons; F'. Be situated on a plot or parcel of' land which cannot yield o reasonable return (in money or other thing of value) when used only for purposes authorized as of course in the above district. In no event shall yard setbacks be less than required elsewhere in the district. e The use is compatible with uses in surrounding areas in its function, its hours of operatlon~ the type and amount of traffic expected to be generated, its site and building size and height and ot~er factors that may be used to measure compatibility. The use does not create nor contribute to unusual traffic hazc~rds nar generate excessive traffic on res~dentlal streets~ nor does the use create or contribute to unusual parking problems. '..~4 The use does not create nor contribute to any nuisance~ publ~c or prlvote, or hazard incidental to its operation that may detract from the value or amenity of surrounding properties. Section 9.3 - _Specific Provisions for, Proz!slonal Uses. Any provisional use may be required to comply with one or more of the Following provisions if' such require- ment is specifiod for said provisional use under the Schedule of Di~trlct Regulations. In making a Finding of Fact that a provisional use complies with particular provisions required For such use, the reviewing boards shall consider one or more of the Follow- ing requirements specified: I. The use shall provide access into and off the site only from a non-residential street. The use shall comply with performance standards to be measured at the boundaries of the site as specified for uses permitted in the "1" Industrial District. e The use shall provide a visual screen around the boundary of the site, which shall be approved by the Planning Commission, or Zoning Director. Another provisional use of the same type shall not be located within the same block face and shall not be closer than 600 Pineal feet, as measured from the closest point of one site to the closest po'int of another site. 5. The use complies with any additional requirements specified for such use under the Schedule of District Regulations. 6. The applicant has satisfactorily demonstrated the need for the provisional use, ARTICLE X HOME OCCUPATIONS Section 10.1 - General Provisions for Home Occu~.t;ons.'ln any district where a home occupation is allowed, it shall be conducted by an occupant thereof, which use is clearly incidental and secondary to the use of the dw~lllng for dwelling purposes and does not change the character thereof; ondprovlded that all the following condiHons are met: 1. There shall be no display of goods or advertising v;sibl~ From any strc. et. A non- illuminated name plate, not exceedlng .two square feet in area, may be displayed providing the same is affixed flat against the exterior surface at a position not more than two feet distance from the main entrance to the residence. - 29 - 3. I~lo home occupation shall occupy more than 25% of the first floor area of the residence, exclusive of' the area of' any open porch or attached garage or similar space not suited or intended for occupancy as llv~ng quart.ers. No rooms which have been constructed as an add. Hen to the residence, nor any attached garage or porch which has been converted ~nto I~v~ng quarters, shall be considered as floor area until two (2) years after the date of completion thereof. 4. No persons except members of the ~mmedlate family who reside on the prem~'ses shall be employed in any home occupaHon. 5. No equipment or process sh'~ll be used in such home oc..cupation which creates noise, vibration, glare, furnace odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical ~ntefference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in llne voltage off the premises. 6. Fabrication of articles such as are commonly classified under the term "arts and crafts" is permitted. Occupations which create a nuisance in the area in which they are located, by generating excessive traffic in residential areas or otherwise disrupting normal functions or safety and amenity of residential areas are prohibited. Such prohib- ited uses include, but are not limited to, retail sales'and service, public dining or tea room facilities, antique or gift shops, fortune telling or clairvoyance, and similar uses. · enforcement official for a permit therefor. of limitation, the following information: ]. 3. 4. Section 10.2 - Proce?ure for..O, btalnlng Home..0ccupation Pe.~it: Any parson desiring to conduct a home occupation in a district where such use is permitted shall first apply to the Such application shall include, but not by way Name of applicant. Location of residence wherein the home occupation, if approved, will be conducted. Total floor area of the first floor of the resldence~ Area of room or rooms and buildings to be utilized in the conduct of the home 02 occupation. Unpon compliance with Sections 10.1 and 10.2, a permit shall bo issued for such home occupation: "Any hom'e-6c~upatlo~ i~rrhlt'i~ay be' i:evokbd b~y'th~ '~'nforcement official at any tlma when it has been determined that the hame occupation has become a public nuisance. Such home occupation permit Is required ~n addition to any other permit or occupationul license required by law. ARTICLE XI SCHEDULE OF DISTRICT REGULATIONS Section 11,1 . District Regulations Adopted. Distr. ict regulations shall be as set forth in the Schedule of District Regulations hereby adopted by reference and declared to be a part of this ordinance, and such other sections of this ordinance as may pertain to these district regulations. Section 1. 11.2 . I'SF-1 Single Family Residential Distrlct. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area of Iow density s~ngle-family residences not exceeding 4.4 dwelling units per net resldentia! acre, or less, as specified. USES PERMITTED: No building or structure or part thereof shall be erected, altered or used, or land or water'used, in whole or in Part, for other than the following: PRINCIPAL USES: 1) Single family dwellings. b. ACCESSORY USES: 1) .. Private boat houses and docks on wcsterfront lots. 2) Customary accessory uses.and structures, includ- Ing private garages. 3) Guest houses and servants quarters. 4) Home occupations. c. PROVISIONAL USES: The following uses may be permitted subject to the provisions of Article IX and the specific reclulre- ments of Section 9.3 , If oppllcable, as follows: 1) Churches and other places of worship. · MINIMUM LOT AREA: 10,000 ~iuare feet. a. AVERAGE WIDTH: Interlor Lots - 80 feet Comer Lots - 90 feet 4. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: 1200 square feet· 5.. MAXIMUM LOT COVERAGE: 25% 6. MINIMUM YARDS: a. Front Yard - 30 feet b. Side Yard~ Interior lot - 8 feet c. Side Yard, Corner lot- 30 feet d. Rear Yard - 25 feet 7. MAXIMUM HEIGHT: 30 feet Section 11.2 A. 1. !-SF-1A Sinlille. Fa. rally Resldentlal District. DISTRICT PURPOSE: The provisions of thls district are intended to apply to an area of Iow density, single-family residences not exceed- lng 5.1 dwelling units per net residential acre, or less, as specified. USES PERMITTED: No building or structure or pbrt thereof shall be erected,' altered or used, or land or water used, in whole or in part for other than the following: a. PRINCIPAL USES: 1) Single family dwellings. b. ACCESSORY USES~ 1) Private boat houses and docks on waterfront lots. 2) Customary accessory uses and structures, including private garages. 3) Guest houses and servants quarters. 4) Home occupations. -31.1- C. PROVISIONAL USES: The following uses may be permitted subject to the provisions of Article IX and the specific requirements of Section 9.$, if applicable, as follows: 1) Churches and other places of worship. MINIMUM LOT AREA: 10,000 squsme feet. a. AVERAGE WIDTH: Interior lots - 80 feet. Corner lots - 90 feet. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: 1,000 square feet. 5. MAXIMUM LOT COVERAGE: 25 per cent. 6. MINIMUM YARDS: Front Yard - 30 feet. Side Yard, IntePior Lot - 8 feet. Side Yard, Corner Lot - 30 feet. Reap YaPd - 25 feet. 7~' MAXIMUM HEIGHT: 30 feet. Section 11.$ - I-SF-2 Single-Family Residential.District. 1. DISTRICT PURPOSE: The provisions of this distmict a~e intended to apply to an area of low to medium density single-family residen- ces, not exceeding 5.1 dwelling units per net residential acTes, or less, as specified. 2. USES PERMITTED: No building or structure, or part thereof, shall be ePected, altered or used, Or land or water used, for other than the following: A. PRINCIPAL USES: (1) Single Family Residences -32- B. ACCESSORY USES: (1) Private boat houses and docks, with os without boat hoists, on canal or waterway lots, not prot~udlng more than five feet into the canal or water~ay; except if such canal or water~ay has a width of 100 feet oT mote, the dock may protrude not mote than twenty (20) feet into such canal or water~ay; providing, however, that no boat or boat house is used as a residence. (2) .Customary accessory uses and structures, including private garages. (3) Guest houses and household servants quarters, when constructed as an integral part of the principal structure. (4) Home occupations, as provided for in Article X. C. PROVISIONAL USES: The following uses may be pervaltted sub- ject to the pTovisions of Article IX and the specific Tequire- ments of Section 9 3, if applicable, as follows: · USE (1) Non-commercial boat launching facilities, and multiple docking areas· (2) Recreational clubs, intended to serve the surrounding residential area. (3) Churches and other places of worship· (4) Schools and colleges. MAXIMUM LOT COVERAGE: 30 pet cent. MINIMUM LOT AREA: 8,$00 square feet. MINIMUM LOT WIDTH' A. Corner lots - 85 feet average between front and Tear lot lines !~ B. Interior lots - 75 feet average between front and rear lot lines. MINIMUM YARDS: A. Front Yard - 25 feet. Side Yard - One story, 7% feet; two stbry, 10 feet. C. Rear Yard - 20 feet. Aresidential pool or patio, which is screen enclosed, or open on one or more sides for use in resi- dential units, and which is incidental to that of the main building, rear yard setback may he reduced to 15 feet. This requirement shall not apply to hoar houses. D. On lots which front on more than one street, the front yard which has the longest street frontage may he reduced to 20 feet; the yard opposite the front yard wiht the least street frontage shall be considered a rear yard for setback purposes. 7. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: A. One story - 1,000 square feet. B. Two story - 1,200 square feet. MAXIMUM HEIGHT: ~0 feet above grade. Boat houses and other accessory buildings limited to 20 .feet. MINIMUM OFF-STREET PARKING: One space per residence, located within the permitted building area. Section ll.3A - I-SF-2A Single-Family Residential District. 1. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area of medium density single-family residences, not exceeding 7.25 dwelling units per net residential acre, or less, as specified. 2. USES PERMITTED: No building or structure or part thereof shall he erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: (1) Single family dwellings (2) Public Parks, playgrounds, and community centers. B. Accessory Uses: (1) Private boat houses and docks on waterfront lots. (2) Guest houses and servants quarters. (3) Private stable or kennel. (4) Real estate signs and bulletin boards. ($) Customary accessory uses and structures, including' private garages. (6) Home Occupation. Provisional Uses: The following uses may he permitted subject to the provisions of Article IX and the specific requirements'of Section 9.3, if applicable, as follows: (1) Churches and other places of w~rship. (2) Public and parochial schools. (3) Private nurseries and child care centers. Golf courses, excluding miniature ~olf or driving ranges "subject to the provisions of Section $.9 of these regulations." 3. MINIMUM LOT AREA: 6,000 square feet. A. Average Width: Interior lots - 60 feet. Corner lots - 70 feet. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: 800 square feet. $. MAXIMUM LOT COVERAGE: 25 per cent. 6. MINIMUM YARDS: A. Front Yard - 25 feet. B. Side Yard, Interior Lot - 7 ½ feet. C. Side Yard, Corner lot - 25 feet. D. Rear Yard - 25 feet. Section ll.3B I-SF-3 Single-Family Residential District. 1. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area of medium density single-family residences, not exceeding 5.8 dwelling units per net residential acre, or less, as specified. 2. USES PERMITTED: No building or structure, or par~ thereof, shall he erected, altered or used, or land or water used, in whole or inpart,'for other than the following: A. PRINCIPAL USES: Be (1) Single Family residences. ACCESSORY uSEs: (1) Private boat houses and docks, with or wihtout boat hoists, on canal or waterway lots, not protruding more than five feet into the canal ox, waterway; except if such canal or waterway has a width of 100 feet or more, the dock may protrude not more than twenty(20) feet into such canal or waterway; providing however, that no boat or boat house is used as a residence. - 02 (2) Customary accessory uses and structures, including private garages. (3) Cuest houses and household servants quarters, when constructed as an integral part of the principal structure. (4) Home occupation, as provided for in Article X. C. PROVISIONAL USES: The following uses may be permitted subject to the provisions of A~tlcle IX and the specific quirements of Section 9.3, if appllcable, as follows: e USE (1) Non-commerolal boat launchlng facilities, and multiple docking area. (2) Recreational clubs, intended to serve the su~ound~ng residential area. (3) Churches and other places of worship. (~) School and colleges. MAXIMUM LOT COVERAGE: 30 per cent. be e MINIMUM LOT AREA: 7,500 square feet. MINIMUM LOT WIDTH: A. Corner Lots - 75 feet average between front and rear lot lines. B. Interior LoSs - 60 feet average front and rear lot lines. MINIMUM YARDS: A. Front Yard - 25 feet. B. Side Yard - One story, 7% feet; two story, 10 feet. C. Rear Yard - 20 feet. A residential pool or patio, which is screen enclosed, or open on one or more sides for use in res- idential units, and which is incidental to that of the main building, rear yard setback may be reduced to 15 feet. This rgquirement shall not apply to boat houses. -36- D. On lots which front on more than one street, the front yard which has t longest street .frontage may be reduced to 20 feet; the yard 9pposite the .front yard with the least frontage shall be considered a rear yard for setback purposes. Section 11.3C MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: A. One story - 800 squame feet. B. Two story - 1,000 square feet. MAXIMUM HEIGHT: 30 feet above grade. Boat houses and other accessory buildings limited to 20 feet. MINIMUM OFF-STREET PARKING: One space per residence~ located within the permitted building area. I-SF-~ Sin~le-F.amily Residential District. 1. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area of medium density single-family residences, not exceeding 7.25 dwelling units per net residential acre, or less, as specified· 2. USES PERMITTED: No building or structure, or part thereof, shall be erected, or used, or land or water used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Single Family Residences B. ACCESSORY USES: (1) Customary accessory uses and structures including private garages. (2) Home occupations, as provided for in Article X. C. PROVISIONAL USES: The followlng uses may be permitted subject to the provisions of Article IX and the specific requirements of Section 9.3, if applicable, as follows: -37- USE (1) Non-commercial boat launching facilities and multiple docking areas. (2) Recreational clubs, intended to serve the surrounding residential area. (3) Churches and other places of worhsip. (4) Private Boat Houses and Docks. (5) Schools and Colleges. (6) Civic and Cultural facilities. 3. MAXIMUM LOT COVERAGE: 30%. MINIMUM LOT AREA: 6,000 square feet. 5. MINIMUM LOT WIDTH: 60 feet average between front and rear lot lines. MINIMUM YARDS: A. Front Yard - 25 feet. B. Side Yard - 7% feet. Rear Yard - 20 feet. A residential pool patio, which is screen enclosed, or open on one or more sides for use in residential units, and which is incidental to that of the main building, rear yard setback may be reduced to 15 feet. De On lots which front on more than one street, the front yard which has the longest street frontage may be reduced to 20 feetJ the yard opposite the front yard with the least street frontage shall be considered a rear yard for setback purposes. 7. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES: Ai--~.One Story - 600 square feet. Two Story - 800 square feet, of which at least 600 square feet shall be on the ground floor. "8. MAXIMUM HEIGHT: to 20 feet. 30 feet above grade. Accessory buildings limited within the permitted building area. Section 11.4 I-MF-1 One .and .Two%Family ResidentiAl Distriq%. 1. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area of medium density single and two-family resi- dences not exceeding 13.2 dwelling units per net residential acre, or less, as specified. 2. USES PERMITTED: No building or structure, or part thereof, shall he erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Single Family Residences. (2) Two Family Residences. B. ACCESSORY USES: (1) Accessory structures, including private garages. (2) Home occupations, as provided for in Article X. C. PROVISIONAL USES: The following uses may be permitted subject to the provisions of Article IX and the specific re- quirements of Section 9.3, if' applicable, as follows: USE (1) Non-commercial boat launching facilities and multiple docking areas. (2) Recreational clubs, intended to serve the surrounding residential area. (3) Churches and other places of worship. (4) Child care centers, nursing or rest homes. ($) Schools and colleges. (6) Civic and cultural facilities. MAXIMUM LOT COVERAGE: 35 percent. MINIMUM LOT AREA: A. Corner Lots - 7,000 square feet. B. Interior Lots - 6,600 square feet. -39- 5. MINIMUM LOT WIDTH: A® Corner Lots - 70 feet average between front and rear lot lines. Interior Lots - 60 feet average between front and rear lot lines. 6. MINIMUM YARDS: A. Front Yard - 25 feet. B. Side Yard - One story, 7% feet; two story, 10 feet. C. Rear Yard - 20 feet. On lots which front or more than one street, the front yard which has the longest street frontage may be re- duced to 20 feet; the yard opposite the front yard with least frontage shall be considered a rear yard for setback purposes. 7. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: 10. A® Single-family dwelling - 800 square feet, one story; 1,000 square feet two stories, of which at least 600 square feet shall be on the ground floor. B. Two-family dwelling - 500 square feet per unit. MAX~4UM HEIGHT: 30 feet above grade. MINIMUM OFF-ST~EET PARKING: One space per residence or unit, located within the permitted building area. See also Article VIII - Off=Street Parking, Loading and Unloading Regulations. Section ll.4A "I-MF-1A" SinKle and Two-Family Residential Distric.t DISTIRCT PURPOSE: The provisions of this district are intended to apply to an area of medium density single and two-family resi- dences not exceeding 13.2 dwelling units pgr acre, or less, as specified. be erected or used or altered, or land or water used, in whole o~ in part, for other than the following: PRINCIPAL USES: (1) Single Family dwellings. (2) Two-Family dwellings. (3) Public parks, playgrounds and community centers. B. ACCESSORY USES: (1) (2) (3) (4) ($) (6) Private boat houses and docks on waterfront lots. Guest houses and servant quarters. Private stables or kennels. Real Estate signs and bulletin boards. Customary accessory uses and structures including private garages. Home occupations. C. PROVISIONAL USES: The following uses m~y be permitted subject to the provisions of Amticle IX and the specific requirements of Section 9.3, if applicable, as follows: (1) Churches and other places of worship. (2) Public and parochial schools. (3) Private nurseries and child care centers. (4) Golf courses, excluding miniature or driving ranges subject to the provisions of Section 5.9 of these regulations. (5) Hospital for human care, excluding mental institutions. MINIMUM LOT AREA: lots. A. Average Width: 6,600 square feet; 700 square feet on corner Interior Lots - 60 feet. Corner Lots - 70 feet. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: A. Single Family: 600 square feet. B. Two Family: 600 square feet per unit. ~ i ,,' %3, MAXIMUM LOT COVERAGE: 25 pe~ cent. 6. MINIMUM YARDS: A. Front Yards: 25 feet. B. Side Yard,Interior Lot: C. Side Yaz,d, Corner Lot: D. Rear Yard: 25 feet. 7% feet. 25 feet. 7. MAXIMUM HEIGHT: 30 feet. Section 11.5 I-MF-2 One~ Two and Multiple Family Residential District. ' 1. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area of medium to high denisty residences with a variety of housing types, not exceeding 14 dwelling units per net residential acres, or less, as specified. 2. USES PERMITTED: No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Single-Family residences. (2) Two-Family residences. (3) Multiple-Family ~esidences. B. ACCESSORY USES: (1) Accessory uses and structures, including private garages. (2) Home occupations, as provided fo? in Article X. C. PROVISIONAL USES: (1) Non-Commercial boat launching facilities, and multiple docking areas. (2) Recreational clubs, intended to serve the suProundlng residential area. (3) Churches and other places of worship. Child care centers, nursing or rest homes. (5) Hospitals for the care of humans. (6) Schools and colleges. (7) Civic and cultural facilities. MAXIMUM DENSITY PERMITTED: dential acre. dwelling units per net resi- MINIMUM LOT AREA: A. Single and two-family residences: co~ner lots, 7~000 square feet~ interior lots, 6~600 square feet. ,( Mu _ le-Family re .~.~ce: square MINIM~! LOT WIDTH: A. Corner Lot-70 feet average between front and rear lot line. B. Interior Lot-60 feet average between front and rear lot line. MINIMUM YARDS: A. Front Yard: 25 feet. B. Side Yard: 10 feet. C. Rear Yard: 20 feet. D. On lots which front on more than one street, the front yard which has the longest street frontage may be reduced to 20 feet; the yard opposite the front yard with the least frontage shall be considered a rear yard for sea:- back purposes. MINIMUM FLOOR AREA: A. Single-family dwelling:800 square feet, one story; 1,000 feet, two story of which at least 600 square feet shall be on the ground floor. B. Two-family dwelling:SOO square feet per dwelling unit. C. Three or more family dwelling: 360 square feet per dwell- ing unit. 8. MAXIMUM HEIGHT: 30 feet above grade. 9. MINIMUM OFFaSTREET PARKING: Single-family residence one(l) space per dwelling unit, located within the lot boundaries, but in no event shall be permitted in the side yard setback. A. Multiple-family dwellings and transient lodging facilities which provide cooking facilities in the dwelling units: one and one-half(l%) spaces per dwelling unit. See also Article VIII Off-Street Parking, Loading and Unload- ing Regualtions. Section ll. SA I-MF-2A One; Two and Multiple Family Residential District~ 1. DISTRICT PURPOSE: The pr~visions of thie district are intended to apply to an area of medium to high density residences with a variety of housing types, not exceeding 14 dwelling units per net residential acre, or less, as specified. 2. USES PERMITTED: No building or structure or part thereof shall he erected, altered or used, or land or water used, in whole or in part, for other than the following: (1) (2) (3) (~) PRINCIPAL USES: Single family dwellings. Two family dwellings. Multiple family dwellings. Transient lodging facilities subject to the pTovisions of Section 5.9 of these Tegulations. (6) (7) (~) (g) (lO) Public parks, playgrounds, and community centeTs. Churches and otheT places of woTshlp. Child cape centers, nuTsing and Pest homes. Public and paTochial schools. Boarding houses and guest homes.~ Private stable om kennel fop 1 or 2 family dwellings. B. ACCESSORY USES: (1) Private boathouses and docks on waterfront lots. (2) Customary accessory uses and structures, including private garages. (3) Home occupations. C. PROVISIONAL USES: The following uses may be permitted subject to the provisions of Article IX and the specific requirements of Section 9.3, if applicable, as follows: (1) Hospitals for human care, excluding mental institutions. (2) Golf courses, excluding miniature golf and d~iving ranges subject to the provisions of Section $.9 of these regulations. (3) Social and fraternal clubs and lodges subject to the provisions of Section $.9 of these regulations. MINIMUM LOT AREA: A. One and two family: as in the I~MF-1 District· B. Multiple family: 6,000 square feet minimum; 1,600 squsme feet pep unit. 2 A 2'88 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTUP~: A. One and Cwo family: as in the "MF-I" District. B. Multiple-family: 400 sq. ft. per unit. 5. MAXIMUM LOT COVERAGE: 357. SECTION 11.6 "I-MF-3" Two and Multiple Family Res.i.dential District. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area of medium to high density residences with a variety of housing t'.~p~.s. USES PERMITTED: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) (a) 1~o- family residences. Multiple-family residences. B. ACCESSORY USES: (1) "' (1) (2) Customary accessory uses and structure, including private garages. PROVISIONAL USES: The following uses may be permitted subject to the provisions of Article IX and the specific requirements of Section 9.3, if applicable, as follows: USE Non-commercial boat and launching facilities, and multiple docking areas. Recreational clubs, intended to serve the surrounding residential area. (3) Churches and other places of worship. (4) Child care centers; nursing or rest homes. -45- ($) Hospitals for the cate of humans. (6) Schools and colleges. (7) Civic and cultural facilities. 3. MAXIMUM DENSITY PERMITTED: ~cre, 21 dwelling units per net residential Section ll.6B Multiple Family Residential..Distric%. 1. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area of high density residences serving both transients and residents. 2. USES PERMITTED: No building or structure, or part thereof, shall he erected, altered or used, or land or water used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Multiple family residences. (2) Hotels, apartment hotels, and motels. ACCESSORY USES: (1) Customary accessory uses and structures, including covered parking areas. (2) Shops, personal services establishments, eating 'or drinking establishments, dancing, and staged entertainment facilities, meeting rooms'and auditoriums, when such uses are an integral part of a hotel, apartment hotel or motel. C. PROVISIONAL USES: The following uses may be permitted subject to the provisions of Article IX and the specific re- quirements of Section 9.3, if applicable, as follows: USE (1) Non-commercial boat launching facilities, and multiple docking areas· (2) Recreational clubs, intended to serve the surrounding residential area. (3) Churches and other places of worship. (4) Fraternal and socia~l~olubs. 0 HAXDF~ DENSITY PERHITI'ED: 28 c~elling 'units per net MINIMUM LOT AREA'. 15,000 square feet. MINIMUM LOT WIDTH.' 100 fee= average between front and rear lo= lot lines. MINIMUM YARDS: A. L ......... ,,It ~ residential Front Yard - 30 feet plus one foot for each two feet of building height over 45 feet. Side Yard - 15 feet plus one foot for each two feet of building height over 45 feet on each side. Principal Rear Yard - 25 feet plus'one foot for each two feet of building height over 45 feet. Gulf Frontage - 50 feet from mean high water'.line, regardless of building height. 7. MINUMUM FLOOR AREA: Multiple-family dwelling - 450 square feet per dwelling unit. Hotel or Motel: (1) Residence dwelling units and transient dwelling units with cooking facilities-400 square feet, including bathroom and closet. (2) Residence dwelling units and transient dwelling units without cooking facilities-300 square feet, including bathroom and closet. -47- ~00~: ~ 8. MAXIMUM HEIGHT: 75 feet above grade. MINIMUM OFF-STREET PARKING: A. Multiple family dwellings and transient lodging facilities which provide cooking facilities in the dwelling units: one and one-half(l%) spaces per dwelllng unit. B. 'Transient lodging facilities which do not provide cooking facilities in the dwelling units: one and one-fourth(l~) spaces per dwelling unit for the first 100 dwelling units; one space per dwelling unit for the next 150 dwelling units; one-half(%) space pe~ dwelling units thereafter. C. Meeting rooms or auditoriums which will accommodate 100 or more persons, restaurants and cocktail lounges: 80 per cent of the spaces which wduld he required if these uses were not associated with a multiple family dwelling or transient lodging facility. D. See also Article VIII - OFF-STREET PARMING, LOADING AND UNLOADING REGULATIONS. Section 11.8C I-MF-$ Multiple, Family Residential District. 1. DISTRICT PURPOSE: Th~ provisions df this district are intended to apply to an area of high density residences serving both trans- ients and residents. There are no height limitations, the intent being to apply these provisions to high rise areas. 2. USES PERMITTED: No building or strudture, or part thereof, shall he erected, altered or used, or land or water used, in wh61e or in part, for other than the following: A. PRINCIPAL USES: (1) Multiple family residences. (2) Hotels, motels, and apartment hotels. B. ACCESSORY USES: (1) Customary accessory uses and structures, including covered parking areas. (2) Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, meeting rooms and auditoriums, when such uses are an integral part of a. multiple family residence, apart- ment hotel or motel subject to the provisions of Section 5.10 of these regulations. 4. 5. 6. PROVISIONAL USES: The following uses may be permitted subject to the provisions of Article IX and the specific requirements of Section 9.3, if applicable, as follows: USE (1) Non-corm~ercial boat launching facilities, and multiple docking areas. (2) Recreational clubs, intended to serve the surrouddtng residential area. (3) Churches and other places of worship. (4) Marinas. Fraternal and social hlubs, subject to the provisions of Section 5.10, of these Regulations. MAXIMUM DENSITY PERMITTED: 35 dwelling units per net residential acre. MINIMUM LOT AREA: 25,000 square feet. MINIMUM LOT WIDTH: 150 feet average between front and rear lot lines. MINIMUM YARDS: A. Front Yard-30 feet plus one foot for each two feec of building height over 45 feet. B. Side Yard-15 feet plus one foot for each two feet of building height over 45 feet. C. Rear Yard-25 feet plus one foot for each two feet of building height over 45 feet. D. Gulf Frontage-SO feet from the mean high water line, regardless of building height. 7. MINIMUM FLOOR AREA FOR EACH DWELLING UNIT: Residence dwelling units and transient dwelling units with cooking facilities-400 square feet. Transient Swelling units without cooking ~acilities-300 square fee t. -49-. ~OOg 8. MAXIMUM HEIGHT: None g. MINIMUM OFF-STREET PARKING: A. Multlple family dwellings and transient lodging facilities which provide cooking facilities in the dwelling units: one and one-half(l%) spaces per dwelling unit. B. Transient lodging facilities which do not provide cooking facilities in the dwelling units: one and one-fourth(iR) spaces per dwelling unit for the first 100 dwelling units, one space per dwelling unit for the next 150 dwelling units, one-half(%) space per dwelling unit thereafter. C. Meeting rooms or auditoriums which will accommodate 100 or more persons, restaurants and cocktail lounges: 60 per cent of the spaces which would be required if these uses were not assoc- iated with a multiple family dwelling or transient lodging facility. Required off-street parking shall be provided either on the same site it serves, or within 600 feet of said site, on land zoned other than for single family residences. Section 11.7 I-MHSD Mobile..Hom~ ~ubdivisign' District. 1. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area of medium density residential development not exceeding 7.25 dwelling units per net residential acre, or less, as specified, and where both mobile homes and single family residences are permitted on individual lots. 2. USES PERMITTED: No building or structure or part thereof shall he erected, altered or used, or land or water used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Single family dwellings. (2) Mobile homes. (3) Public parks, playgrounds, and community centers. B. ACCESSORY USES: (1) Private boat houses and docks on waterfront lots. (2) Guest houses and servants quarters. (3) Customary accessory uses and structures which complete mobile' home or single family residential uses, including recreational facilities, Administration buildings and com- plementary mobile home additions. -50- (~). Home occupations. C. PROVISIONAL USES: The follOWing uses may be permitted 'subject to the provisions of Article Ix and the specific requirements of Section 9.3, if applicable, as follows: (1) Churches and other places of worship. ,(2) Public and parochial schools. (3) Private nurseries and child care centers. (~) Golf courses, excluding miniature golf or driving ranges sub, eot to the provisions of Section $.9 of these regulations. MINIMUM LOT AREA: A. Average Width: 6,000 square feet. Interior lots - 60 feet. Corner Lots - 70 feet. MINIMUM FLOOR AREA 0F PRINCIPAL STRUCTURE: A. Single family residences: 600 square feet. B. Mobile Homes: 320 square feet. $. MAXIMUM LOT COVERAGE: 25 per cent. 6. MINIMUM YARDS: A. Front Yard - 2~ feet. B. Side Yard, Interior lot - 7% feet. C. Side Yard, Corner lot - 25 feet. D. Rear Yard - 25 feet. 7. MAXIMUM HEIGHT: 30 feet. 8. UTILITIES: Ail mobile home developments shall comply with State Board of Health regulations regarding septic tanks. Where necessary, minimum lot size will be increased to a size deemed necessary by the Collier County Health Department to prevent sanitation problems from arising. ..... 61- Section 11.8 I-MHTT Mobile Home and Travel Park District. 1. DISTRICT PURPOSE: The provisions of this district ara intended to apply to an area of high density residential development in mobile home parks, wherein certaln'envtronmental controls are exer- cised and on-site management is required to maintain an adequate residential environment. 2. USES PERMITTED: No building or structure o~ part thereof shall be erected, altered or used, om land o~ water used, in whole om in part, for other than the following: A. PRINCIPAL USES: (1) Mobile home parks with on-site management, which may contain mobile homes, travel trailers, pick-up coaches and motor homes( ne per lot). B. ACCESSORY USES: (1) Customary accessory uses and structures associated with mobile home parks, includlnE patios, recreation facil- ities, administration and service buildings, complementary mobile home additions, and parking facilities. C. PROVISIONAL USES: The followlng uses may be permitted subject to the provisions of A~ticle IX and the specific re- quirements of Section 9.8, if applicable, as follows: (1). Transient lodging facilities. (2) Chumches and other places of worship. -52- BOOR.. '~ · ' . . ~.'~ · . .: .-:..: ~:.5 ~7,,:/ ..... -;'." .... :' ,""."'¢~,; '..:.:': '. ,-'.' ~' , . .[ (3) Private nurseries and child care centers. (4) Convenience establishments of a commercial nature, including food stores, drug and hardware stores, laundry and dry cleaning agencies, beauty and bather shops, providing such operations do not occupy more than 10'percent of the total area of the mobile home park and Ks accessory to the mobile home park. 3. MINIMUM LOT AREA: A. Mobile Home Spaces: B. Travel Yrailer Spaces: 4,000 sq. ft. with average width'of 40 feet. 2,400 sq. ft. with average width of 30 feet. REQUIRED UTILITIES: All utilities shall be installed as required by the State Board of Health, Collier County Health Department, Collier County Building Code and such other regulations as may apply. 5. MINIMUM YARDS FOR EACH SPACE: A. Front Yard - 10 feet B. Side Yard, Interior Lot - 7% feet C. Side Yard, Corner Lot - 10 feet D. Rear Yard - 10 feet. MAXIMUM HEIGHT: 30 feet. BOUNDARY SETBACK: All development within a mobile home park shall be set back at least 25 feet from all property lines. Internal raodways may.be calculated as part of the required boundary set back. -53- Section ll.g I-C-1 Commercial District. 1. DISTRICT PURPOSE: The provisions of this district are ~ntended to apply.to an area which provides for the retailing of commodities and furnishing of selected services to afJacent neighborhoods, sit- uated on major, streets. 2. USES PERMITTED: No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Eating and drinking establishments, subject to the provisions of Section $.9 of these regulations. ' (2) Cocktail lounges and retail sales of liquors, subject to the provisions of Section S.9 of these regulations. (~) (7) Retail shops and stores. Banks and financial institutions. Professional and business offices and services. · Medical arts offices and services. Art and photographic studios. (8) Personal services, such as beauty and barber shops.' (9) Repair services, such as shoe repairs, light machine and equipment repairs, garment repairs. (10) Laundry and dry cleaning establishments. (11) Retail bakeries. (12) Private clubs and lodges, subject to the provisions of Section 5.9 of these regulations. (13) Churches and schools. (14) Indoor commercial amusements, such as bowling, pool and billiards. (15) (15) (17) repairs. Theaters , ex~u~n6"'" a'~ "' drive-ins. Commercial and private parking lots and garages. Gasoline service s'l:atio'ns, excluding m.~or mechanical C 1 LJ...:.J C) [ ........ ] (1.8) Translent lodging facilities subject to the pz, ovts/.ons of Section 5.g of these reBu.Tatlons. ACCESSORY USES: (1) Incidental processing and repair activities accessory to retail use. (2) Incidental storage area accessory to a principal use. (3) Uses and structures customarily associated with principal uses. C. PROVISIONAL USES: (1) Automobile sales rooms and accessory facilities. (2) Advertising signs and structures. (3) Printing and publishing. (4) Transportatlon~ communication, and utillties businesses. (S) Hospitals and child cate centers. (6) Vehicle and equipment rentals. (7) Apartments, in accordance with provisions of I-MF-$ District. NINIWJM LOT AREA: Nona. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE:' None. 5. MINIMUM YARDS: A. Front Yard: as needed fop visibility at intersections. B. Side Yard~ Interior Lot: None. Pa~Ty walls permitted. C. Side Yard~ Co~ner Lot: as needed for visibility at inter- sections. D. Rear Yard: 20 feet. S. MAXIMUM HEIGHT: None, except ~5 feet within 150 feet of any district restricted to 30 feet oP less. -55- Section 11.10 I-C-2 Comme Dtstr~Ct. - ,.' 1. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area which provides for reta£1ing of commodities, furnishing of services, automotive uses and other commercial uses of a less restrictive nature %hah per~nltted in the C-1 District. 2, USES PERMITTED: No build&ng or structure or part thereof shall be erected, altered or used, or land or water used, in wh61e or in part, for other than the following: - ' A. PRINCIPAL USES: Same uses as permitted in the C-1 District,,.,.n and in addition, the following: (1) New and used'automobile sales and rentals (2) Retail sales of new:and used goods. (3) Transporta%ion, communication, and utilities business (4) Printing and publishing. ($) Repair shdps, including furniture, appllances, locksmithS'~ (6) Veterinary hospitals and clinics. (7) Hospitals. (8) RetAil and wholesale horticultural nurseries. (9) Agricultural supply stores. (10) Pressing and dry cleaning establishments. (11) Bottling works. (12) Contractors and building supply stores. (13) Drive-in restaurants and'theaters. (14) Indoor and outdoor amusement, excluding carnivals and rides. (iS) Tmansient lodging facilities sub, eot to the provisions of Section 5.9 of these regulations. Be ACCESSORY USES: (1) Uses and structures customarily associated with principal uses. C. PROVISIONAL USES: The following uses may be permitted subject to the provisions of'Article IX and the specific re- quirements of Section 9.3, if applioable, as follows: (1) Advertising signs and structures,- (2) Apartments, in accordance with provisions of I-MF-~ District. MINIMUM LOT AREA: None 4. HINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: None $. MINIMUM YARDS: A. Front Yard: B. Side Yard, Interior Lot: C. Side Yard, Corner Lot: sections. D. Rear Yard: 20 feet. As needed for visibility at intersections. None. Party walls permitted. As needed for visibility at inter- MAXIMUM HEIGHT: None, except 35 feet within lS9 feet of any district restricted to 30 feet or'less. Section 11.11 I-C-3 Commercial-Light Industrial District. ].. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area which provides for commercial services and light manufacturing which is not obnoxious by reason of emission of fumes, odor, dust, smoke, noise, and vibration. 2. USES PERMITTED: No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. PRINCIPAL USES: Same uses permitted in the C-2 District and in addition the following: (1) Funeral homes, crematoriums and cemeteries. (2)' Warehousing, wholesaling and distribution, excluding storage of fl&mmahle or dangerous materials. (3) Contractors storage"and supply yards. (4) Packing houses, bakeries and non-obnoxious food pro- cessing. Advertising signs and 'structures. · Commercial kenneling and stabltng. 'ST,...'.. :...'" -: -. Se B. ACCESSORY USES: (1) Uses and structures customarily associated with principal uses. C. PROVISIONAL USES: The following uses may be permitted subject to the provisions of Artlele IX and the speoiflc re- quirements of Section 9.3, if applicable, as follows: and.testing ,.,~ (1) L~ght manufacturing, assembling, p~ocesstn~ which is not obnoxious by reasOn of fumes, odor, dust, smoke noise, or vibration. MINIMUM LOT AREA: None MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: None. MINIMUM YARDS: ';!' A. Front Yard: As needed for visibility at intersections. .'. B. Side Yard, Interior Lot: None. Party walls permitted. C. Side Yard, Corner Lot: sections. As needed for visibility at inter- D. Rear Yard: 20 feet. 6. MAXIMUM HEIGHT: None, except 35 feet ~ithin 150 feet of any district restricted to 30 feet or less. -58- Section ll.llA I-C-~ Commerctal~L~ht Industrial District. 1. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area which provides for commercial services and light manufacturing which is not obnoxious by reason of emission of fumes, odor, dust, smoke, noise, or vibration. 2. USES PERMITTED: No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. PRINCIPAL USES: Same uses as permitted in the I-C-2 District and in addition the following: (1) Funeral homes, crematoriums and cemeteries. (2) Warehousing, wholesaling and distribution, excluding storage of flammable or dangerous materials. (3) Contractors storage and supply yards. (4) Packing houses, bakeries, and non-obnoxious food pro- cessing. ($) Advertising signs and structures. (6) Commercial kenneling and stabling. B. ACCESSORY USES: (1) Uses and structures customarily associated with principal uses. C. PROVISIONAL USES: The following uses may he permitted subject to the provisions of Article IX and the specific re- quirements of Section 9.3, if applicable, as follows: (1) Light manufacturing, assembling, processing and test- ing which is not obnoxious hy reason of fumes, odor, dust, smSke, noise, or vibration. 3. MINIMUM LOT AREA: None. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: None. 5. MINIMUM YARDS: A. Front Yard: As needed f6r visibility 'at intersections. B. Side Yard, Interior Lot: None. Party walls permitted. C. Side Yard, Corner Lot: As needed for visibility at inter- sections. D. Rear Yard: 20 feet, fi. MAXIMUM HEIGHT: None, except 35 feet 'within 150 feet of any district restricted to 30 feet or less. Section 11.12 I-I Industrial District. 1. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area providing for the majority of industrial uses' under such conditions that will protect adjacent residential and commercial uses. 2. USES PERMITTED: No building or structure or part thereof shall be erected, altered or used, or'land or water used, in whole or in part, for other than the followlnE: A. PRINCIPAL USES: (1) Manufacturing, warehousing, storing, processing, canning, packing, mlninE, extracting or similar uses that are not obnoxious or offensive by reason of the emission of odors, fumes, dust, smoke, noise, vlbra%ion, radioactive waves or substances, and that do not possess abnormal explosion hazards. (2) Wholesale storage of gasoline, liquified petroleum, EaS~ oil, or other inflammable liquids or gases, but not located within five hundred ($00) feet of the nearest res- idential district(I~SF, I-MF, and I-MH Districts). (3) Restaurants and snack bars including drive-ins. (4) Cocktail lounges and retail pack~ge sales'of liquor and other beverages subject to the provisions of Section 5.9 of these regulations. ($) Commercial and private parking lots and parking garages. (6) Gasoline service stations, including those engaged in mechanical repair work. (7) Airports and landing fields. (8) Advertising signs and structures. (9) Kenneling, stabling, animal clinics, and veterinary hospitals. -60- ACCESSORY USES: (1) Uses and structures customarily assoctafed with principal uses, includlng retail outlets f6r ~oods manu- factured on the premises. C. PROVISIONAL USES: The following uses may be permitted sub- ject to the provisions of APtlcle IX and the specific require- ments of Section 9.3, if applicable, as follows: (1) Junk yards, contractors' equipment storage yards, coal and wood yards and slmilar.uses not otherwise contained in in an enclosed building shall be fenced wltha fence at least six(S) feet high. 3. MINIMUM LOT AREA: None. q. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: None. 5. MINIMUM YARDS: A. Front Yard: B. Side Yard, Interior Lot: C. Side Yard, Corner Lot: sections. D. Rear Yard: 20 feet. As needed for visibility at intersections. None. Party walls per~nltted. As needed for visibility at inter- 6. MAXIMUM HEIGHT: None, except 35 feet within 150 feet of any district restricted to 30 feet or' less. -61- Section 11.13 I-A-1 A~icultural,,DistTict.. 1. DISTRICT PURPOSE: The provisions of this distTict ate intended to apply to an area wheTe the present om pTospective use is pTimaT-'. ily agricultural, or the future development is unceTtain, and for ' .i which a more restrictive zoning would be premature. 2. USES PERMITTED: No building om structure or part theTeof shall be erected, altered or used, om land or wateT used, in whole or in ..i part, for other than the following: A. PRINCIPAL USES: (1) Agricultural activities, such as field crops, horti- culture, fruit and nut production, forestry, ranching, beekeeping, poultry and egg production, animal raising, breeding, training, stabling, om kenneling. (2) Farming, milk pToduction, milk processing and dis- tribution. (3) Outdoor recTeatlon activities, such as hunting, fish- ing, eamplng, h~king, and natuTe studies. (4) Single and two-family residences in accordance with and subject to the provisions of I-MF-1 District. (5) Mobile.-.~=nes, provided that there be no more than one mobile home on any 5-acre tract, and no mobile home shall he located nearer than 100 feet from any county highway right-of-way, 200 feet from any state highway right-of-way. or 500 feet form any federal highway right-of-way line. (6) Churches and other places of worship. (7) Golf, country, yacht, fraternal and other recreational clubs subject ~o the provisions of Section 5.9 of these regulations. (8) Schools and colleges. (9) Advertising signs and structures. (10) Oil, gas, muck, sand, fill material, limerodk and gravel extraction. -62' B. ACCESSORY USES: (1) Accessory uses and structures which are incidental to and customarily associated with the uses pervnitted in this district. (2) Home occupations, as provided for in Article X and other customary home occupations associated with agri- cultural activities. (3) Retail outlets in conjunction with a principal use. C. PROVISIONAL USES~ The following uses may be pmrmitted subject to the provisions of Article IX and the spedlfic requirements of Section 9.3, if applicable, as follows: (1) Airports and landing fields. (2) Race tracks. (3) Commercial recreation uses, commercial tourist attractions including accessory accomodations. '(4) Commercial and non-profit rifle, skeet, trap, pistol and archery ranges. (5) Oil and gas processing, and other mineral extraction and proce, smng not otherwise provided for (6) Packing houses, not including animal slaughter or meat packing. (7) Sawmills, provided that no sawmill shall'be located nearer than 860 feet from any county, state, or federal highway right-of-way. (8) New and unusual uses. (9) Cemeteries, conforming to Florida State Board of Health regulations. 3. MINIMUM LOT AREA: None, except as specified for specific uses. 4. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: None, except as specified for specific uses. 5. MINIMUM YARDS: A. Front Yard: 25 feet from any county, state, or federal highway right-of-way. B. Side Yard, Interior Lot: specific uses. None, except as specified for C. Side Yard, Corner Lot: specific uses. None, except as specified for D. Rear Yards: None, except as specified for specific uses. E. From Section or Land Line: 40 feet, except in platted subdivisions. Section ll.13A I-A-2 Agriculture District. 1. DISTRICT PURPOSE: '~is di~,trict is designed to accomodate traditional agriculture uses amd outdoor recreational activities, while protecting the rural areas o* <he County against premature, inappropriate, and substandard urban development. Principal and Provisional uses allowed in this District are less restrictive than in A-1 Agriculture District. 2. USES PERMITTED: No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Agricultural~activities, such as field crops, horti- culture, fruit and nut production, forestry, ranching, beekeeping, pnultry and egg production, animal raising, breeding(except hogs and goats in excess of ten each of such animals), training, stabling, or kenneling, and home occupations. (2) Farming, milk production, milk processing and distrib- ution. (3) Outdoor recreation activities, such as hunting, fish- ing, camping, hiking, and nature studies. (~) Marinas. (5) Single, two-family or multiple-family residences in accordance with and subject to the provisions of and I-MF-2 of these regulations. Subject also to the min- imum floor area and maximum height. (6) Mobile homes,.provided that there be no more than one mobile home on a 1~ acre tract, and no mobile home shall be located nearer than 100 feet from any county highway right- of-way, 200 feet from any state highway right-of-way, or $00 feet from any federal highway right-6f-way line. (7), Churches and other places of worship. (8) Golf, country, yacht, fraternal and other recreational' clubs, subject to the provisions of Section 5.10 of these regulations. (9) School~ And c611eges. (10) Advertising signs and structures. (11) Oil, gas, muck, sand, fill material, limerock and gravel extraction. B. ACCESSORY USES: (1) Accessory uses and structures which are incidental to and customarily associated with the uses permitted in this district. (2) Retail outlets in conjunction with a principal use. C. PROVISIONAL USES: The following uses may be permitted subject to the' provisions of A~ticle IX and ~he specific re- quirements of Section g.?, if applicable, as follows: USE (1) Airports and landing fields. (2) Race tracks. (3) Commercial recreation uses, commercial tourist attract- ions including accessory accomodations. (~) Commercial and non-profit rifle, skeet, trap, pistol, and archery ranges. (5) Hog and goat b~eeding and raising in excess of 10 each of such animals; stock yards, slaughter houses, meat pack- ing plants, canning and processing plants for agricultural products. (6) Oil and gas processing, and othe% mineral extraction and processing not otherwise provided for. (7) Commercial fisheries. (8) Cemeteries. BOOK -65- CL:I (9) ld care cneters'; nursing and rest homes; medical institutions. (10) Packing houses, not including animal slaughter or meat packing. (11) Sawmills, provided that no sawmill shall be located nearer than 660 feet from'any bounty, state, or federal highway right-of-way. (12) New and unusual uses. (13) Commercial camping areas, with on-site management pro- vided, including convenience estanlisbments of a commercial nature including stores, laundry and dry cleaning establish- ments, and personal services may be permitted in commercial camping areas usbject to the following restrictions: (a) such establishments and the parking area primarily re- lated to their operations shall not occupy more than 10 % of the area of the camp or one acre whichever is the least; (b) such establishments shall be subordinate to the rec- reational character of the park and shall be located, de- signed, and intended to serve the frequent trade and service needs of persons residing in the camp ground; (c) such establishments~shall provide off-street parking spaces in the number required hy this ordinance. e' MINIMUM LOT AREA: $ acres, or one-half(%) of the one-fourth(R) of the one-fourth(R) of the one-fourth(R) section of land in which the'lot is located, less dedicated rights-of-way and easements of record. MINIMUM' ~OT WIDTH: lines. 16S feet average between front and rear lot MINIMUM YARDS: A. Front Yard - 50 feet. B. Side Yard - 30 feet. C. Rear Yard - S0 feet. 6. MINIMUM FLOOR AREA: None, except as provided for specific uses. MINIMUM SETBACKS: A. No permanent building shall be closer than 25 feet to any federal, state, or county primary or secondary right-of-way. B. No permanent building shall be closer than 75 feet to a section line or 100 feet to a township or range line. C. No permanent building or temporary building or structure shall' be closer than 30 feet to any property line other than .a federal, ." state~ or county primary or secondary highway right-of-way line. 8. SPECIAL REQUIREMENTS FOR COMMERCIAL' ~AMPING AREAS. All commer- cial camping areas shall meet the following minimum requ£remants: A. MINIMUM SITE SIZE: 10 acres. B. MAXIMUM DENSITY: 9 campsites per acre, gross density. Gross density(for camp~ounds only) is defined as the number of campsites per acre considering all land inside the camp- ground, including campsites, non-public streets and access wayst recreation areas, utility areas, natural areas, water ameas, and other supporting uses. C. REQUIRED FACILITIES: (1) Sanitary facilitles, including flush toilets, and showers within 400 walklng distance of every camp site approved by the Collier County Health Department. Lighting shall be provided in sanitary facilities at all times. (2) Potable water supply approved by the Collier County Health Department with a spigot for every 2 camp sites. (3) At least 1 garbage or trash receptahle for every camp sites. De (~) Administration building and safety buildlng open at all times wherein a protable fire extinguisher in operable con- dition and first aid equipment is available, and a telephone is available for public use. ($) One parking space per camp site. (6) One picnic table per camp ~ite. (7) One fireplace or cooking area per camp site. DESIGN STANDARDS: (1) Camp sites shall be set back a minimum of $00 feet from any county, state, o~ federal highway right-of-way. (2) Each camp site shall be directly accessible by an road. (~) Tracts of land to he used for commercial camping areas which contain less than fifty(SO) acres shall have a mini- mum average width equal to not less than forty(~0) per cent of the average depth' of the tract. Tracts of land to be used for commercial, camping areas more than fifty(SO) acres shall contain a minimum average width of 930 feet. -67- (4) At least 20 per cent of the ~otal area of the camp g~ound shall he covered by vegetation at least 2 feet high or which will he 2 feet high within one year after plan~- ing. At least one-half(%) the total amount of vegetation will be distributed at or between camp sites. Such vege- tation shall he maintained in good condition. (5) ^ vegetation screen or ornamental fence which will sub- stantially screen the camp sites from view of public rights- of-way and neighboring properties shall be provided around or near the perimeter of that'.part of the camp ground con- taining camp sites. Such screen shall be maintained in good condition at all times. (6) Each camp site shall contain a level area containing at least 600 square feet for erecting camping equipment. (7) No camping vehicle, or camping equipment shall be used for human habitation, for a period exceeding 60 consecutive ~ days. The intent of this provision is to prohibit the use of camping areas for pef~nanent or semi-permanent use as a dwelling. (Seasonal) (8) Each separate campsite shall contain a mlnimu of 3,600 square feet. (9) Each campground shall reserve at least twenty-five(25) percent of its total area as natural open space, excluding perimeter screening. Such open space may include non-public drives and accessways, recreational open space and water areas, but may not include utility'. Section 11.14 I-FL Farm Labor Camp Supplementary District. 1. DISTRICT PURPOSE: There are many acres of land in Collier County used exclusively for farming activities. This creates the need for temporary, small, portable units to house necessary labor. Where provisions of this supplementary district are in conflict with any I-A zoning district to which it is supplemental, this district shall govern. It is intended that this supplementary dis- trier, because of its liberal minimum requirements, is only appli- cable when and where large areas are used for farming activities and labor needs are primary. This supplementary district is applicable to I-A-1 Agricultural District only. 2. MANNER OF DISIGNATION AND METHOD 0F APPLICATION: Farm labor camp lands in the supplementary I-FL District shall be d~stgnated by the agricultural zone district symbol, followed by a dash and the letters FL. For example, land which is zoned I-A1 and'is so used for large farming activities would carry.the zone d~slgnation of A-I-FL. Lands may be placed in or removed from the I-FL zone in the same manner an any other zone. 3. DEFINTITION OF FARM LABOR CAMP: A planned area of temporary shelters, erected on leased or owned land, capable of housing people, for a period of not.more than three(3) years. 4. CONSTRUCTION REQUIREMENTS: Application for building permit shall be made by the owner or operator, ~howing location, plot plan, and construction details. Construction details shall be approved by Collier County Building Department, and do not necessarily have to comply with the County Building Code in minimums. $. CONSTRUCTION MINIMUMS: A minimum thickness of one-half(%) ~nch plywood on 2 x B studs, lB inches on center, 2 x B rafters on an A frame roof, lB inches on center, sheathed with"a minimum of one- half(%) inch material, one 2-B x 6-8 door with three 24 x 24 windows, one in each wall. Building must be fastened to ~ x 8 skids for easy loading and transportation. Where practlcal, 30 amp. electrical service for mach building, with one ceiling and two wall receptacles. S. MINIMUM LOT AREA: To be determined by the Collier County HealTh Department. Camp sites must be located a minimum of 1,000 feet from any federal or state highway right-of-way line. 7. MINIMUM YARDS: A. Front Yard: 30 feet from nearest public street and nearest similar building. B. Side Yard: 7% feet. C. Rear Yard:'15 feet. 8. MINIMUM FLOOR AREA: 128 square feet. 9. REQUIRED FACILITIES: Mess halls, common kitchens, toilets, showers, laundries, garbage and trash disposal, as determined by the Collier County Health Department. 10. TERMINATION OF FARM USE: All temporary facilities 'erected under the provisions hereof shall be removed from the premises within 30 days following discontinuance of farming activity.