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Ordinance 89-043ORDINANCE 89- ~.3 .AN ORDINANCE MENDING ORDINMCE NO. 82-2, THE COMPREHENSIVE ZONING REGU~TIONS FOR THE ~ ;UNINCORPO~TED ~EA OF COLLIER CO~TY, F~RIDA; BY ~ .MENDING SE~ION 8.10, ESSENTIAL SERVICES; BY ~ -- ~ ~ENDING SE~ION 20, DEFINITIONS, TO ADD DEFINITION ~ ~ ' OF "SAF~Y SERVICE FACILITIES"; PROVIDING FOR ~ _. -.{'~.~CONFLI~ MD S~E~BILITY; MD BY PROVIDING ~.~ ~ -:~¥~FFE~IVE DATE. :'~~s, The ~uture Land Use Element of the Gro~h Hanagement Plan. Policy 3.1 M requires that the availabiltt~ of suitable land for'utility facilities necessary to support~ proposed development be ensured. For privately provided facilities this shall be accomplished through continued compliance with the Zoning Ordinance which requires the identification and location of all utilities which will serve the development; WHEREAS, the Collier County Zoning Ordinance addresses the provision of essential services through Section 8.10; WHEREAS, Section 8.10 needs to be amended to provide for clarity and to identify uses not specifically provided for; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: ordinance 82-2, the Comprehensive Zoning Regulations for the Unincorporated area of Collier County, Florida, Section 8.10 Essential Services shall be amended to read as follows: 8.10 Essential Services. Essential Services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate Jurisdiction. Essential Services are allowed in any zoning district subject to the following conditions: Permitted Uses. The following uses shall be deemed permitted uses in any zoning district: water lines, sewer lines, gas lines, telephone lines, cable television lines, electrical transmission and distribution lines, substations, lift stations, ~md~v~d~a~ wells and septic tanks, and similar installations necessary for the performance of these services. b. Provisional Uses. The following uses shall be Words-e%eaek-%hee~§h are deleted; wo:ds ~ are added. -1- deemed provisional uses in any zoning district: electric or gas generating plants, sewage treatment plants including percolation Ponds. hospitals, hospices, sanatoriumsT water pumping or water aeration or treatment plants, water storage tanks, qeve~nmen%-a~-~ae~½~½es ½m-res½de,~*a½-areas? gQvernmental facilities in residential areas, communication towers, safety service facilities, and other similar facilities. Under ~h~s subsection~ ~ and b, where structures are involved other than structures supporting lines or cables, such structures shall ~n~rm-~s~a~-as comply, with the regulations for the district in which they are ~ocated or as may be reGuired on an approved site develoDment plan ~Section 10.5). In ~l~£~n,_~hp_~r~u¢~ures shall c~nform insofar as possible to the character of the district in which they are located as to ~eveloDment standards as well as architecture and landscaping, with utilization of screening and buffering compatible with the district. SECTION TWO: Essential services shall not be deemed to include the erection of structures for commercial activ~ties such as sales or the collection of b~lle in district, from which such activities would otherwise be barred. U~taffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. ordinance 82-2, the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, Florida, Section 20, Definitions, shall be amended to add the following definition: Safety Service Facilities - Services that provide protection to County residents and visitors for their health, safety, and welfare such as law enforcement. 9mergenc¥ medical, fire safety, traffic safety. emergency shelters. Public safetv training facilities. or emergency heliport facilities. SECTION THREE: Conflict and 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 phrases or portion cf 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. Words-e~r~ek-~hreH~h are deleted; wo~ ds ~ are added. SECTION FOUR: Effective Date: This Ordinance shall become effective upon receipt of notice from the Secret~ry of State that this Ordinance has been filed with the Secretary of state. PASSED AND DULY ADOPTED by the Board of County 4/. , 1989. DATE:. ATTEST BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JA~ES C. GILES, CLERK L. SAUNDERS, CHAIRMAR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~oRi~. M. S~UDEN~W' ASsIsT~ co~Y A~EY ZONING AMENDMENT SECTION 8.10 md Words-s~ruek-th=e~gh are deleted; wo:ds ~ are added. 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. 89-43 which was adopted by the Board of County Commissioners on the 18th day of July, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of July, 1989. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of '{'t"', '. County_.g. ommissioners ~\~'""~'~' ~ . By: v~rginia Magri Deputy Clerk "~/"1:1 ~'~' '