Ordinance 73-09 ecrei r of
0
June 11, 1973
Mr;~ Ben D. Driver
Fiscal Officer
Board of County Commissioners
Collier County
Naples, Florida 33940
Dear Mr. Driver:
Pursuant to the provisions of Section 125.66, Florida Statutes,
thts will acknowledge your letter of June 8 and two certified copies
of Collier County Emergency Ordinance No. 73-9, which was re-
ceived tn this office on June 11, 1973.
The extra copy showing the filing date ts being returned for
your records.
Klndest regards.
Cordially,
RICHARD (DICK) STONE
Secretary of State
(Mrs.) Nan avanaugh
Chief, Bureau of Laws
NK/mc
Enclosure
BOOK 1 PAGE 216-A
ORDINANCE NO.
AN ORDINANCE ESTABLISHING DWELLING UNIT MAXIML%.I
DENSITY LEVELS; MINIMIP.,[ FRONT, SIDE AND REAl{ YARD
SETBACKS: .WAXI:,IL%I LOT COVERAGE AND :.IINIMUM FLOOR
AREAS FOR APPLICATION IN MULTI-I.'A:.IILY RESIDENTIAL
. .- AREAS WITIIIN qllE COLLIER COUNTY COASTAL PLANNING
AREA; PROVIDING FOR ADMINISTRATION, PROVIDING FOR
APPEAL, AND ESTABLISIIING A PENALTY AND EFFECTIVE
DATE.
WtiEREAS, Florida law grants to Collier County regulatory
authority over land use and specifically grants authority to
regulate and restrict the size, location and use of buildings,
structures and fixtures, and
WIIEREAS, Collier County has the respons.ibility and
commensurate authority to deter disease and discomfort by
providing and Pegulating waste and sewage col'~ection and
disposal, water supply; providing and regulating fire and'
police protection, recreation facilities, stx;eet lighting;
establish and administer drainage, water maHa~omont, pollution
controI pl'o~ram$, and
WIIEREAS, Collier County has tho oblJg.{tion to tho general
public to proven~ the overero,.vdin.~ of land and ~?ater beyond tile
capacity of present rosource-~, and
WHEREAS, it is the responsibility of Collier County to
provide for tho health, safety, general ;velfare. quality, of
life and convenience of the public and to insur6 tl%o maintenance
of fair and equitable property values of all sections for the
economic welfare of tho entire county, and
WHEREAS, the relationships existing between the above
enumerated and other factors is of such complexity as to re-
quire compl'ehensive master planning for the future development
of tile Western portion of Co)lief County, and
WHEREAS, it is known that hastily conceived and thought-
less improperly planned development of land and exploitation
of resources adds needlessly to the ultimate continuing
burclen of all present and fu{ure population,
residents in order to provide essential services and facilities,
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and resul'ts in a degradation of the areas so developed, and
"WHEREAS, Collier County'has becn and is now engaged in
the completion of a master c~mprehensive development plan
study to resolve the above enumerated and other factors of
vital concern to the present and future citizens and residents
of Collier County, and
WlIEREAS, '~e State of Florida and Federal Government have
passed laws that allow the alternatives for local governments
to either enact local laws consistent with those factors and
Objectives or in effect, abdicate to State and Federal author-
ity and control, and
WHEREAS, applications for building permits for construc-
tion of multiple falaily units during the month9 of :.larch and
April of 1973 have been four hundred thirty percent. (,1309) and
two lmn(h'od eigi~ty percent (aSOi}) respectively of applications
made in March an~ April of 1972; and such applications during
the month of Zlay 1973 have .been one tho~tsand oBe hundred forty ., ;.~
six porcont (1.i.I~) of thos. oxpertoncod in ~,;ay of 1972, and
WHEREAS, the granting tn sucl~ num~rs of permits to con-
struct multiple far,~ily dwellings ts tn degradation of the pre- '
cepts of professional planning and at this critical Juncture
of Collier County's exhaustive planning effort is tantamount
to destruction of such p. lnn before its creation,
TIIEREFORE,
SECTION ONE: BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSION--
'ERS OF COLLIER COUNTY, FLORIDA:
1 Leaislativo Intent: It ts tho purpose of this ~ ' .
ordinance to promote, protect and improve the public health,
safety, comfort, good order, appearance, convenience, morals
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and general welfare of the citizens of Collier County, Florida;
to conserve the value of land, buildings and resources; to
protect the character and maintain the stability of residential,
agricultural, business and industrial areas; to provide an
opportunity for the Board of County Commissioners of Collier
County, Florida to enact and adopt a comprehensive land use
plan, zoning code, subdivision regulations, subdivision plat-
ting law and sign ordinance, all of which are in various stages
of preparation, amendment, review and drafting; to resolve and
clarify problems relating to the furnishing of water and sewer,
roads and schools; for the preservation, proteetion, devel.qpment
and conservation of natural resources of land, water and air;
for convenience of traffic and circulation of people and goods;
for healthfu.1 and convenient di'stributton of population; for
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ade,quate public utilities and facilities; for promotion of civic
ame~nities of beauty and vi.~ual interesl.
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2. _P, erni.t P,.ec!uir.ed: It shall be unlawful to construct or
~lter an>' .multi-fami3y building o{' structure within the unincor-
21 porated coastal plannin~ area of Collier County, Florida when
22 the cost of such construction exceeds one hundred[ dollars (SIO0)'
23 or where the effect of such construction or" ~lteration ts to .
~l enlarge the capacity or affect the bearing walls of any butldin
9-5 ,i oz' the roof thereof, without having first secured a permit
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27 :l 3. _Application: Application for such permits sl~all be made
28 ',ito the building official, and shall be accompanied by plans and
29 t specifications and a certified plot survey prepal'ed within six
~ ! (6)-months in duplicale sho{vlng the work to be done;
31 such plans shall be verified by tho signature of either the
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owner of the premises oz' by tho architect or contractor in
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chargo of the operations.
4. Approval of Plans: The Building, Zoning and Planning
Officials shall examine such applications with plans to dete~-
mine whether the proposed construction or alteration will comply
with the ordinance, code and regulation provisions relative
thereto including the provisions hereof. Upon approval one set
of plans shall be returned to the applicant with a permit, and
the other shall bo retained by the building inspector. No per-
mit shall be issued until after approval of the plans.
5. Variations. It shall be'unla~vful to vary materially
or substantially from the submitted plans and specifichtions
unless such variations are submitted in an amended plan to the
Building Official and approved by him.
· 6. Enforcement of Provisions. Tho Building Official
shall make or cause to bo r.a(ie such inspections as are necessary
to see to the enforcement of tho provisions of this and other
ordinances, codes nil(| re~t~]ntto~ls, and to make any tests or
examinations of materials or methods to be used for the purpose
of seeing that riley comply with the provisions of this and other
ordinances, codes and regulations.
7. Expiration of Permit. Building permits issued by
Collier County shall be valid for a period not to exceed
(6) months from the i,~suo date.
8. Criteria: In addition to nny other requirements the
Zoning and Planning Officials shall review and determine that
the application and the related plans and specifications conform
Wi t h:
a. The master plan sector maps of the Coastal Planning
Area produced by Candeub, Fleissig and Associates;,
b. The maximum lot coverage; minimum front, side and
*A copy is av:..ilable from the'Clerk to the Board of County
Corem iss i one~-s.
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rear setback from property line requirements; minimum
floor area; maximum height; and open space requirements
detailed for the multi-family residential areas below:
1) Multi-Family Residential-1 (MF-1) Areas:
a) Maximum Lot Coverage: 25% or 8 dwelling units
per acre whichever is less.
b) Setbacks:
- Front Yard - 35 feet.
- Side Yard - 12 feet for I or
2 story
- Rear Yard - 30 feet
c)
Minimum Floor Area:
- Single Family - 1000 Sq. Feet
- Duplex (2 Family) - 750 Sq. Feet
per unit.
2)
Multi-Family - 2 Aren.~ (MF-2): ,
a) .Maximum Lot Coverage: 25'; or 10 dwelling unit's
per acre v.'hi~hever is less.
b) Setbacks:
- Front Yard - 35 feet
- Side Yard - 15. feet
- Hoar Yard - 30 i'eot
c) Minimum Floor Area: 720 Sq. Feet per unit,
Sin~lo-f:~mily nnd t~vo-family traits are elininated
from ~his dl~tric~..
3) :.!ulti-Fn:qi]v- 3 ¢~!F-3) Areas:
a) :.!axt,num Lot Coverage: 35% or ID d:telling units
per acre whichever is less.
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b) Setbacks: - Front Yard - 35 feet
- Side Yard - 15 foot
- Rear Yard - 35 feet
c) Mini~u;.~ Floor Area: 720 Sq. Fdet per unit.
~vo-family unils are eliminated from tl~is
district. '
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4) Mul t i-Familv-,t ( ' ' m ) Areas:
a)
b)
Maximum Lot Coverage: 35% or 20 dwelling units
per acre whichevex, is les~,
Setbacks: - Front Yard - 40 feet plus one foot
for eacl~ two feet of build--.
lng height ovei' ,t5 feet .with
a maximum of 60 feet in
height.
- Side Yard- 20 feet regardless of
height.
- Rear Yard- 40 feet regardless of'
height.
c) Minimum Floor Area:. 720 Sq. Feet per unit.
5) .~ult.i-Family - 5 fMF-5) ~rens:
s) Maximum Lot Coverage: 35~ or 25 dwell[n~ units
per ncre whichever is less.
b) Setbacks: - Front Yard - ~0 feet plus one foot
for e~ch 2 feet over
45 feet.
- Side Yard- 20 feet plus one foot
for each 2 feet over
45 feet.
- Rear Yard- 40 feet plus one {eot
for each 2 feet over
45 feet.
c) Minimt~ Floor ~lrea: 600 Sq. ~eet per unit.
' d) ~mxi~.~' · ]{eight - 100 feet.
6) Open space reclt~iren~ent~ tn all ~ntltl-fn~ily
dt~rtct's s~a].] be 750 ~qlmro ~',~et per bedroom
or otho~' room dosi~nod for sleeping.
9. Right of A~?o~I. If any applicant for a poi'mit ~o
construct a multi-family building ts aggrieved by or desires
to appeal application of the provisions of this ordinance tn
his ease. said appeal shall be filed ~rith the Bo~rd of County
Com~nissioners for processing in accordance with Chapter 28 of
the Code of Collier County, Florida.
10. Penalty. A violation 9f any provision of this Ordin-
ance is a ~ntsdemoanor and shall be prosecuted tn tho name of
the State in the County Court by the Prosecuting Attorney, and.
upon conviction shall be punished by a fine not to exceed
$500.00 or by in~prtsonment in the County Jail not to excee~ 60
days, or by both sucl~ fine and imprisonment. Each violation
and each day a violation continues shall constitute a separate
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offense. The ~oard of County Co~issioners shall have the power
to collaterally enforce the provisions of this Ordinance by
appropriate Judicial ~frit or proceeding notwithstanding any
prosecution as a misdemeanor.
SECTIO.~ TWO:
The provisions of this Ordinance shall be cumulative and
in addition to Federal and State Laws and Statutes not in con-
flict or inconsistent therewith. If part of this or any other
County Ordinance, Resolution or Regulation, o'r parts thereof
are in conflict or inconsistent with any other part of fhis
Ord. inance the more restrictive shall apply.
SECTION' TIIREE:
In order to carry out the legislative intent of protec-
ting tho' public health, sa£ety, welfare, well-being and pre-
serving present and future .public and private interests, this
Ordinance shall be Iii)orally conutrued. If.a~{y portion, word,
or phrase.of this Ordinance. ox' its application to any natural.
or artificial person, ox- circtmstance .is held invalid, the ~'e-
maintng poriions, and lheir application to other per:ions and
circumstances shall not be affected.
SECTION FOUR:
The Board does hereby waive notice requirements by a four-
fifths vote and declares that an emergency exists and that the_
immediate enactment of tl~ts Ordinance is necessary. .This
Ordinance shall become effective when accepted by the United
States Postal Authorities.
SECTION FIVE:
The Clerk is hereby 'instructed to send a' certified copy
of this Ordinance to the O£fico of the Department of State by
registered Un£ted States mail and special delivery ,~s soon as
practicable. ,
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PASSED AND DULY ADOPTED by the Board of Counts Commissioners
of Collier County, Florida, this .,~. ay of ~ 1973',
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BOARD OF COUNTY CO.%I.%IISSIONERS
Clifford F. ~Venzel, Chairman
APPROVED AS TO FOR,11 AND CONTENT:
-'D~vid Emerson Uruner
'Original and duplicate mailed to the Secretary of State Certified
Mail' No. 480107 this 8th day of June , 1973.
B'en D. Driver, C. P. A.
Fiscal Officer..
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