Ordinance 95-59 ORDINANCE
AN ORDINANCe- AMENDING ORDINANCE NUMBER
92-11, HIDF, AWAY BEACII PLANNED UNIT
DEVELOPMENT, AMENDING SECTIO~ 4 · 04 · 04 )
MINIMUM SETBACKS, BY ESTABLISHING THE
MINIMUM PRINCIPAL AND ACCESSORY BUILDING
SETBACK REQUIREMENTS FOR LOTS ABUTTING
THE BEACH ALONG BIG MARCO PASS AS 30' AND
20 ' RESPECTIVELY, AS MEASURED FROM THE
EROSION CONTROL LINE, OR SUCH OTHER
SETBACK REQUIREMENT AS MAY BE ESTABLISHED
BY THE BOARD OF COUNTY COMMISSIONERS, FOR
PROPERTY LOCATED IN PART OF SECTIONS 5, 6
AND 7, TOWNSHIP 52 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of Commissioners has directed
staff to amend the building setbacks for beachfront lots within the
Hideaway Beach PUP by amendinq Ordinance 92-lt, and;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that;
~ AMENDMENTS TO MINIMUM SETBACKS SECTION FOR LOTS ABUTTING
THE BEACH
Ordinance Number 92-~1, Subsection 4.04. OdD. 2., Lots Abuttin~
Beach, is hereby, amended to read as follows:
2. Lots Abutting Beach:
A beach setback line and/or Coastal Construction setbac~
line has been established for the protection of the home
owner as located on the record plat. An Erosion Copfro1
Line has also been established under Florida Statutes
ChSvter 161 in conjunction with beach renourisbment
Which reflects the seaward extent of private oroDertv
owners~iD and which represents the mean hiqh water line
a~ the time of beach renourishment. This Erosion
~gntrgl Line represents the rear yard property boundary.
· h. lz linz ~zrk~ the prlnci~l build~.=tback liner
For Blocks 1 and 2 representin~ beachfront residential
properties. setbacks shall be established as follows:
a. South ~ots (Lots 9-I2, Block
On the South lots. Lots 9-12 ~ plock 2. the minimum
setbacks shall be:
Rear Y~rd; Principal Structures - Thirty fee~
(30'), ~andward O~ the Erosion Control
Line.
~gcessorv Structures - Twenty feet
(20'). landward of the Erosion Control
Line.
Front Yard: Twenty-Five feet ~25').
Side Yard~ Fifteen Feet
Words underlined are additions; Words st-~ck t.~ough are deletions.
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b. Central $each Lots CLotS ~.z~ Di~ck 2: Lots
~lock 1)
Rear Yard: The most restrictive of either the
Platted Buildina Control Line or fifty feet
landward from the Erosion Control Line for principal
structures. Accessory Structures m~v extend a
maximum of fifty fe~ (~0'] ~Owa~ds the water.
except where such extension Shall brina such
structures. except for boardwalks. leadin~ to the
beach closer than fifty ~eet {50'} from the E[os~o~
Control Line (ECL).
Front Yard: Twenty-Five feet ~25'~.
Side Yard: Fifteen Feet
C. North BeaCh ~ots (Lots 13-17# Block 1|
Front Setbacks: FiVe feet
Side Yard: Fifteen feet {15'~ except for the
northernmost boundary of Lot 17 ab~ttin~ the
conservation area which shall have a zero foQt
setback.
Lot 13
Rear Yard Setbacks - ~rinciDal Structures - Fifty
feet (50'~ landward of the Erosion Control Line.
Accessory Structures - ~ ptraioht line connectin~
the Accessory Structure Setback op Lot 12 (Fifty
feet (50') with the AccessOrY ~tructure Setback on
Lot 14 Thirty feet
~ot ~4
Rear Yard Setbacks - Principal Structures - Fifty
feet (50') and AccessOFF StrUCtures - Th~tv feet
(30') landward of the Erosion COntrol
Lot 15
Rear Yard Setbacks - Principal Structures - FortY-
Five feet ~45') landward of the Erosion Control Line
and Accessory Structures - Thirty fee~
landward of the Erosion Control Line.
LOt 16
Rear Yard Setbacks - Principal Structures - Forty-
Five feet [45'} landward of the Erosion Control Line
and Accessory Structures - Thirty fe~
landward of the Erosion Control Line.
Lot 17
Rear Yard Setbacks - Principal Structures - Forty-
Two feet (42'~ landward of the Erosion Control
and Accessory Structures - Thirty feet /30')
landward of the Erosion Control Line landward of the
Erosion Control Line.
d. MOOr Overhanas and Bal~OD~W-- Roof overhangs and
balconies can extend eiaht feet/8'} beyond the rear
yard principal structure setback line, Roof
overhanus and balconies can extend four feet (4']
into the required five foot (5'} front yard on lots
~4-17, Block 1.
e. puns Veaetation
All dune vegetation shall be retained to a minimum
~Dth Of ten feet flO') seaward of the accessory
~etback line. Where native dune vegetation no
lo~er exists. the dune vegetation shall be
Words underlined are additions; Words e~ are deletions.
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replanted to a minimum depth of ten feet (I0'~
seaward of the acCessorv setback line~
f. Non-Conformin~ Setbacks C~eated ~Y Ero.~ion ContrO~
In the event that a buildina which is Don-¢on~Ormina
due to its setback from the Erosion Control Line or
the Buildina Control Line is damaoe~ or destroyed by
fire. flood, explosion, Gollapse. wind or other like
catastrophe, it may be replaced to the density,
height. parkin~o landscaping, and se~ba~ COnditions
which existed at thq time o~ the .catastrophe,
provided that permits ~Or the rebuilding are issued
within one {1~ vear.OZ the catastrophe unless an
extension of time has been apprOved by the Board of
County Commissioners of collier county, FlOrida,
The burden of proof of the catastrophic condition of
the property rests with the property ow~leris),
Other applicable county, state and f~deral
regulations must be met for replacement buildin~s
PrODosed under this SeCtion,
~X~ EFFECTIVE DATE
This Ordinance shall become effective upon filing with the
Department of State,
PASSED ]tND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida thistle/.. day of .c-~/~~,/, 1995.
...'~' '~9 ,,....~.
ATTEST:: ..... BOARD OF COUN~ COMMISSIONERS
... ..~ ,,,,.
APPRO~ED.AS..T~ FORM AND
LEGAL SUFFICIENCY
M~b~JfE M, TUDENT S
ASSISTANT COUNTY ATTORNEY {i :r.~ ~<- c,...- .! ,:~, ~ ~ c~
Puo- 0- 0 O OINANCE
HIDEAWAY BEACH/wa
Words ~Dderlined are additions; Words =truck through are deletions,
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 95-59
Which was adopted by the Board of County Commissioners on the 7th day
of November, 1995, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 13th day of November,
1995.
ITdlGHT E o BROCK .."' ........ "
Clerk of Courts and Clerk
ix-officio to Board Of .'
County Con~nissioners .' : "-
Deputy C :