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Ordinance 97-02 ORDINANCE NO. 97 - 2 .,~. /~'~i~"; ..... ~ ;/~.~. AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER COUNTY LAND'] ACCESSORY STRUCTURES ON WATERFRONT LOTS AND'; - ~o R~C ~ GOLF COURSE LOTS; SECTION TWO~ CONFLICT AND? '~t 0~ ~.~ SEVERABILITY; SECTION THREE~ INCLUSION IN~ \~ ~e~d ~/THE COLLIER COUNTY LAND DEVELOPMENT CODE;!~ sE ioN oUR, DECm TION OF ERG NC i · __ PURSUANT TO SECTION 125.66(3), FLORIDA~i STATUTES; SECTION FIVEZ EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Sec. 163.3161, et seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act (hereinafter the "Act"), is required to prepare and adopt a comprehensive plan; and WHEREAS, on January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan or GMP") as its comprehensive plan pursuant to the Act; and WHEREAS, a~ter adoption of the comprehensive plan, the Act and in particular Sec. 163.3202(1), Florida Statutes, mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan; and WHEREAS, Collier County adopted its Land Development Code containing its land development regulations, on October 30, 1991; and WHEREAS, SubSection 125.06(3), Florida Statutes, provides an emergency procedure for the enactment or amendment of ordinances except for those ordinances which establish or amend the actual zoning map designation of a parcel or parcels of land or change the actual list of permitted, conditional or prohibited uses within a zoning category; and WHEREAS, the amendments to Subsection 2.6.2.2, dealing with the minimum building setback for swimming pool decks and/Or screen enclosures for one and two-family residences, and attached screen porches of Ordinance 91-102, as amended, the Collier County Land Development Code, neither amend the actual zoning map designation of any parcel or parcels of land nor change the actual list of permitted, conditional or prohibited uses; and WHEREAS, the Board of County Commissioners at its December 17, 1996 regularly scheduled meeting declared that an emergency exists by virtue of numerous property owners' inability to complete construction of single-family homes and accessory pool/porch structures as contracted through model home sales, particularly on Marco Island and isles of Capri, due to several factors including existing ground elevation, sea wall heights, increased building setback requirements due to deed restrictions and smaller lot sizes and that immediate enactment of an amendment to Subsection 2.6.2.2 of the Land Development C~?de is required to alleviate the condition of emergency; and WHEREAS, by unanimous vote, the Board of County Commissioners directed its Planning Services Department Staff to , prepare the appropriate amendments to the Land Development Code; and WHEREAS.. ,Planning Staff has prepared the necessary amendments to alleviate the emergency condition; and WHEREAS, Subsection 1.19.1.3 of the Collier County Land Development Code provides that in the case of an emergency the additional Code amendment must receive unanimous approval by the Board of County Commissioners; and NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida; that SECTION ONE: ~4ENDMENTS TO SUBSECTION 2.6.2.2, ACCESSORY STRUCTURES ON WATERFRONT LOTS AND GOLF COURSE LOTS. Subsection 2.6.2.2, "Accessory Structures on Waterfront Lots and Golf Course Lots," of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: ACCESSORY STRUCTURES** ON WATERFRONT LOTS AND GOLF COURSE LOTS Setbacks Structure to Structure Front Rear Side (If Detached) 1. Parking garage or carport, single- family SPS SPS SPS 10 feet Words st-a,~,e~hr~agh are deleted; words underlined are added. 2. One-story parking structures SPS SPS SPS 10 feet 3. Multistory parking structures SPS SPS SPS 4. Swimming pool and/or enclosures (one- and two-family) SPS 10 feet, SPS N ,20 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank~ except Marco Island and Isles of CaDri which may construct to a maximum of 7 feet above the seawall with a maximum of 4 feet of stem wall exposure. with~. 5. swimming pool (multiple-family and commercial) SPS 20 feet 15 feet N 6. Tennis courts (pri- vate) (one-and two- family) SPS 15 feet SPS 10 feet 7. Tennis courts (multiple-family and commercial) SPS 35 feet SPS 20 feet 8. Boathouses and boat shelters (prl- 7.5 feet or vats) SPS N/A 15 feet 10 feet ' (See section 2.6.21.5) 9. Utility buildings SPS SPS 10 feet 10 feet 10. Chickee, barbecue areas SPS 10 feet SPS N 11. Davits, hoists and 7.5 feet or lifts N/A N/A 15 feet SPS (see section 2.6.21.5) 12. Attached Screen Porch SPS 10 feet* SPS SPS ,20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank. exceDt Marco Island and Isles of Capri which may construct to a maximum of 7 feet above the seawall with a maximum of 4 feet of 2~em ~Dll exposure. with the rear setback of 10 feet. 13. Unlisted accessory SPS SPS SPS 10 feet 14. Docks, decks and 7.5 feet or mooring pilings N/A N/A 15 feet N/A 15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A 16. Satellite dish an- tennas N/P 15 feet SPS 10 feet N - None. N/A - Not applicable. NP - Structure allowed in rear of building only. May be located on pad at ground level, but not mounted on roof. sPs - Calculated same as principal structure. 3 Words ~k threullh are d~lcted; words underlined art addS. , - 1/foot of accessory height - 1/foot of building separation. **In those cases where the coastal construction control line is involved, the coastal construction control line will apply. SECTION TWO: CONFLICT kND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE. The provis~.ons of this Ordinance shall become and be made a part of the Collier County Land Development Code. The Sections of the Ordinance may be renumbered or relettered to accomplish such, and the tword "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: DECLARATION OF EMERGENCY. This Board does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary, and by no less than for-fifths (4/Sths) vote of the membership of the Board does hereby waive notice of intent to consider this Ordinance. SECTION FIVE: EFFECTIVE DATE. A certified copy of this Ordinance, as enacted, shall be filed by the Clerk to the Board with the Department of State of the State of Florida, as soon after enactment as is practicable by depositing the same with the postal authorities of the government of the United States for special delivery by registered mail, postage prepaid, to the Florida Department of State. $ 4 Words ~tuel<-{h~augh are deleted; words underlined are added. This Ordinance shall become effective as provided in Subsection 125.66 (3) , Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ~ , 1997. DWIGHT'.BRO~K, COLLIER COUNTY, FLORIDA C LEGAL SUFFICI~CY: This ordlnoncc f;~c,:~ with the ~J~IE M. STUDENT end ccP~c'.~ ~:c'~mc~t of ~ha~ ASSIST~T CO~T~ ATTO~EY fil~mc ,ecclvc4 ~is ~ day of ~ ..... ~;~_. ms~ordinances. structures e Words stmek-4hreugh are deleted; words ~ are added.