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Ordinance 90-067ORDINANCE NO. 90- 67 AN ORDINANCE AMENDING ORDINANCE NO. 82-2, TH~ COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 7.7, "RO" RECREATION AND OPEN PACE DISTRICT, SUBSECTION b. 3), PERMITTED ROVISIONAL USES AND STRUCTURES, BY ADDING HILD CARE CENTERS TOGETHER WITH CRITERIA; ROVIDING FOR CONFLICT AND SEVERABILITY; AND~ Y PROVIDING AN EFFECTIVE DATE. ~ WHEREAS, the Community Development Division, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance Number 82-2, Section 7.7, "RO" Recreation and Open Space, Subsection b. 3), Permitted Provisional Uses and Structures, by adding Provisional Use (p) Child Care Centers, with criteria and relettering former Subsection 7.7 b. 3)(p) to 7.7 b. 3)(q). NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: Amendment To Section 7.7, "RO" Recreation And Open Space, Of ordinance No. 82-2, As Amended. Section 7.7, "RO" Recreation and Open Space, Subsection b. 3) Permitted Provisional Uses and Structures, of Ordinance 82-2, as amended, the Zoning Ordinance of Collier County, Florida is hereby amended to read as follows: 3) Permitted Provisional Uses and Structures: (a) Public swimming pools. (b) Marinas and boat ramps. (¢) Community centers. (d) Amphitheater. (e) Shooting range. (f) Race track. (g) Driving range. (h) Miniature golf course. (i) · Archery ranges. (J) Water ski jumps. (k) Tennis facilities. -1- are deleted; words underline4 are added. 39 3'75 (n) Zoo, sea aquarium, aviary, botanical garden, or other similar uses. Restaurant in conjunction with recreational activity. Private clubs and yacht clubs and related facilities of a non-commercial nature, such as ramps, docks, restaurant, cocktail lounge and limited overnight lodging units for persons arriving by yacht and docking at the club, provided such facilities are used exclusively by the members of the club and their invitees. (o) Sports facilities. Child care centers Child Care Centers shall be reviewed through a site development plan in accordance with ~ection 10.5 of the Collier County Zoning Qrdinance No. 82-2. A chain link fence or fence of approved D~terial having a minimum height of four ~et shall be placed around all outdoor recreation Dlav areas. bandscaDin~ shall be re~ui~pd in accordance with Section 8.30 of the Collier County Zonin~ Qrdinance No. 82-2. Child Care Centers shall comDlv with the State of Florida. Department of Health and Rehabilitative Services Child Day Care ~tandards. Chapter 10M-12. Vlorida Administrative Code. as ma_%_be amended from ~me ~o time. ~1 ar~$ add surfaces re&~]~lv accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting DroDerties lvin, within ~00 feet of the Child Care Center's nearest proDertv line. Ca) ~QF DurDoses of this subsection, the followin~ definitions shall aDDlV: ~azardous Materials - a material that has any of the followinc properties, icnitable, corrosive. reactive and or toxic. Toxic Substances - a substance which is or is suspected to be carcinocenic, muta~enic. teratoqe~ic, or toxic to human beincs. Child Care Centers shall be prohibited except ~ allowed bv these reculations. Any other recreational use which is comparable in nature with the foregoing uses and which the Zoning Director determines to be compatible in the district. -2- Words-s%~Hek-%h=a~gh are deleted; words underligpd are added. SECTION TWO= Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable law, the more restrictive shall agply. If any phrase or 9ortion of the 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: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. Marjq~ie M. Student Assistant County Attorney ZO-gG-11 Amem:lment BOARD OF COUNTY COMMISSIONERS COLLIER COMITY, FLORIDA BY: ~ , This ordinance filed with the actory' of St~gte's ~Offlc~,J~. ~of~ 39 377 -3- STATE OF FLORIDA ) ,.COUNTY OF COLLIER ) I, JAMES C. GILES, 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. 90-67 which was adopted by the Board of County Commissioners on the 28th d~y of August, 1990, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of August, 1990. JAMES C. GILES c~4'.. Clerk of Courts and Cl~k C Ex-officio to Board of" ' '~ Coun . '-~ ~ Deputy Clerk ,oo 378