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Ordinance 89-075ORDINANCE NO. sg- 75 AN ORDINANCE AMENDIN~ COLLIER COUNTY ORDINANCE NO. 82-2, TIlE COMPREHENSIVE ZONING REGULATIONS FOR TIlE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; AMENDING SECTION 6, NON-CONFORMING LOTS, NON-CONFORMING USES OF LAND OR WATER, NON-CONFORMING STRUCTURES, NON-CONFORMING USES OF STRUCTURES AND PREMISES, AND NON-CONFORMING CHARACTERISTICS OF USES, BY ~dENDIN~ SUBSECTION 6.1(b)., DECLARATION, TO PROVIDE EXCEPTIONS FOR CERTAIN NON-CONFORMING USES; BY AMENDING SUBSECTION 6.3(a)., ENLARGEMENT, INCREASE, INTENSIFICATION, ALTERATION, TO PROVIDE EXCEPTIONS FOR CERTAIN NON-CONFORMING USES; BY ADDING NEW SUBSECTION 6.10(d)., ALTERATION, EXPANSION, AND REPLACEMENT OF NON-CONFORMING SINGLE FAMILY DWELLINGS, DUPLEXES OR MOBILE ROMES TO PROVIDE STANDARDS AND CRITERIA FOR THE GRANTING OF CERTAIN EXEMPTED NON-CONFORMING USES BY THE BOARD OF ZONING APPEALS; BY AMENDING SECTION 11, BOARD OF ZONING APPEALS, POWERS, DUTIES AND ... PROCEDURES, SUBSECTION 11.1(C), SPECIAL AUTHORITY OF BOARD OF ZONING APPEALS IN RELATION TO CERTAIN NON-CONFORMING USES, TO~ ...... ADD A NEW SUBSECTION AUTHORIZING THE BOARD ~F' ZONING APPEALS TO CONSIDER, AFTER CONSIDERATION AND RECOM~ENDATION BY THE COLLIER COUNTY PLANNING COMMISSION, PETITION~ FOR TIlE ALTERATION, EXPANSION OR REPLACEMENT~,'"~ OF NON-CONFORMING SINGLE FAMILY DWELLINGS, DUPLEXES OR MOBILE HOMES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents by enacting and enforcing zoning regulations necessary for the protection of the public; and WHEREAS, Collier County Ordinance No. 82-2, the Comprehensive -.~ Zoning Regulations for the Unincorporated Area of Collier County, provides no provisions for the alteration, expansion, or r~pla~mmlnt of non-conforming I~ngle family dwellings, du91exmm or mobile homes; and WHEREAS, the Board of County Commissioners has identif~ed a need within the community to allow the alteration, expansion cr replacement of non-conforming single family dwellings, duplexes or mobile homes in accordance with the ~rovisions set forth in this ordinance; Words ~ are added; Words ~ek-~hreugh ars deZeted. NOW, THEREFORE, BE IT ORDAINED BY THE BCARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that= ~ SECTION ONE~ EXCEPTIONS TO DECLARATION REGARDING NON-CONFORMIN~" USES. Ordinance No. 82-2, the Comprehensive Zoning Regulations for . ~he Unincorporated Area of Collier County, Florida, Section 6, Non-Conforming Lots, Non-Conformin~ Uses of Land Or Water, Non-Conforming Structures, Non-Conf~rming Uses of Structures and' Premises, and Non-Conforming Characteristics of Uses, Subsection 6.1(b), Declaration, is hereby amended as follows= Non-conforming uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. A non-conforming use of a structure, a non-conforming use of land or water, or a non-conforming use of structure and land or water in combination shall not be extended or enlarged after the effective date of this Zoning Ordinance or relevant amendment thereto by attachment on a structure or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved, except as provided for within Subsection SECTION TWO: EXCEPTIONS TO NON-CONFORMING USES OF LANDS OR WATERS OR STRUCTURES. Ordinance No. 82-2, the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, Florida, Section 6, Non-Conforming Lots, Non-Conforming Uses of Land Or Water, Non-Conforming Structures, Non-Conforming Usett of Structures And Premises, and Non-Conforming Characteristics Of Uses, Subsection 6.3(a), Non-Conforming Uses of Lands or Waters or Structures Only, is hereby amended as follows= ae Enlargement, Increase, Intensificat~on, Alteration~ No such non-conforming use shall be enlarged, intensified, increased, or extended to occupy a greater area of land, structure, or water than was occupied at the effective date of adoption or relevant amendment of this zoning ordinance, except a single familv, duplex, or mobile home use as provided for within Section 6.10¢d]. SECTION THREE: Ordinance No. 82-2, the Comprehensive Zoning Regulations for the unincorporated area of Collier County, Florida, Section 6, non-conforming lots, hon.-conforming uses of land or water, non-conforming structures, non-conforming uses of structures and premises, and non-conforming characteristics of Words ~ are added~ Words e~=~ek-threugh are deleted. uses, Subsection 10, non-conforming structures is hereby ~mended by amending Subsection (a) to provide an exception and by adding a new Subsection (d) which shall read as follo~,s! 6.10 Non-conforming st~-uctures: Where a structure exists lawfully under this zoning ordinance at the effective date of its adoption or relevant amendment that could not be built under this ~oning Ordinance by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity; provided, however, that the alteration, expansion, or replacement of non-conforming sinale family dwellinas, duplexes or mobile homes shall be oermitted in accordance with subsection 6.10id), Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than fifty (50) percent of its actual cost at time of destruction, as determined by a cost-estimate submitted to the Zoning Director, it shall not be reconstructed except in conformity with provisions of this Zoning Ordinance. Notwithstanding the foregoing restrictions as to reconstruction, any residential structure or structures in any residential zone district may be rebuilt after destruction to the prior extent, height and density of units per acre regardless of the percentage of destruction. In the event of such rebuilding, all set backs and other applicable district requirements shall be met unless a variance therefore is obtained from the Board of Zoning Appeals. For the purpose of this section, a hotel, motel or boatel ~hall be considered to be a residential structure. Should such structure be moved for any reason for any distance whatever, other than as a result of governmental action, it shall thereafter conform to the regulations for the district in which it is located after it is moved. Alteration. E×Dansicm or Replacement of Non-conforminq Single Family Dwellin~s. DuPlexes or Mobile Homes: Non-conformin~ residential structures, which for the purpose of this section shall mean detached single family dwellin~s, duplexes or. mobile homes in existenc- at the effective date of this Zonina Ordinance or relevant amendment and in continuot~s res~dential use thereafter, may be altered, expanded, or replaced upoB recommendation ~f ~h~ Collier County Plann~q and approval of the Board of Zonin~ Appeals by ~solution. 3 Words ~ are added; Words stFuek-threugh are deleted. (11 Standards for Den~ittin= alteration, ex~ansion and replacement et non-con,ermine sin;la family d~ellinoo~ duolexes or mobile homes: Stnc~ the size and nature o~ the alteration, e×uansion or replacement off such non-conforming structures may vary widely, a site Dian and. if applicable, prelimi~ar¥..bgildina plans indicatin~ the DrODoSed alteration, expansion or replacement shall be presented with each Detition~ Prior to granting such alteration, ~pansion or reolacement of a non-conformino single family dwellina. duplex or mobile ho~e. the CCPC sod the Board of County Commissioners shall consider and base its approval on the followin~ standards ~nd criteria: Tho alt;ration, exDansion or reulacement will not increase the density of the ~arcel or lot on which the non-confor~in~ single family dwellina, dUDle~ or mobile home is located: The alteration, expansion or remlacement will not exceed the buildin~ height r~quirements of the district mo~t closely asso¢imted with the subSect non-confQrmin~ use: The alteration, exuansion or replacement will not further encroach uson any non-conformina set-back! The alteration, expansion or replacement will not decrease or further decrease the existin~ Darkin~ areas for the structure: The alteration, expansion or reolacement will not damage the character or aual[tv of the neighborhood in which it is located or hinder the proper future development of the surrounding mroDerties~ and Such alteration, e~Danston or replacement will not present a threat to the health, safety or welfare of the community or its residents. SECTION FOUR: AUTHORIZATION FOR THE BOARD OF ZONING APPEALS, AFTER CONSIDERATION BY THE COLLIER COUNTY PLANNING COMMISSION, TO CONSIDER THEALTERATION, EXPANSION OR REPLACEMENT OF A NON-CONFORMING SINGLE FAMILY DWELLING, DUPLEX OR MOBILE HOME. Ordinance No. 82-2, the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, Florida, Section 11, Board of Zoning Appeals, Powers, Duties and Procedures, Subsection 11.1(C) Special Authority of Board of Zoning Appeals in Relation to Certain Non-Conforming Uses, ts hereby amended by adding a new subsection "(c)(2)" which shall read as follows: Special Authority of Board of Zoning Appeals in Relation To Certain Non-conforming Uses{ Any non-conforming use of a structure or of a structure and premise9 in combination may be changed to another non-conforming use of the same character, or to a more restricted but non-conforming use, provided that the Board of 4 {fords ~ are added; Words struek-threu§h are deleted. Zoning Appeals shall find, after public notice and hearing, that the proposed uso is equally or more appropriate to the district than the existing non-conforming use and that the relation of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing non-conforming use is continued. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with the intent and purpose of these zoning regulations. Petition under this Subsection shall be to the Community'Development Administrator for transmittal =o =he Board of Zoning Appeals. Action may be taken on a petition to alter, expand or reDlage a non-conformina s]nale family dwellin~. duplex oF mobile home by the Eoard of Zoninq Appeals after co~sideFatign and recommendation the Collier gount¥ Plannina Ccmm£ssion. Such action s~a11 be by Resolution and shall be adooted, ~r D~lic ~ot~ce and hearina, by four aff~rmativ~ vo%~s o~ the Board of Zoni~q ~ppeals. SECTION FOUR. 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 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 FIVE. 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. '/'. PASSED AND DULY ADOPTED by the Board of County Commissioners . 'o~ Collier County, Florida, .4%~TEST: JAMES C.' GILE?, Clerk A~roveW"~s to fo~ anU legal sufficiency: Kenneth B. Cu~e~ County Attorney BOARD OF COUNT~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA By : DF. RS, Chairman 5 Words ~1~ are added; Words s%~ek-%h=e,~h are deleted. STAT~ OF FLORIDA ! C0UNTYOF COLLIER ] I, JAMES C. GILES, Clerk of Courts tn and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing ts a true copy of: Ordinance No. 89-?5 which was adopted by the Board of CoUnty Commissioners on the I4th day of November, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1?th day of November, 1989. JAMES C. GILES Clerk of Courts and Clerk Ex-off~cto to Board of ,.' Cotl..~~ ' ~ . '~.'. /Maure~n K~nycn ~- Deput~ Clerk "~'~ ' ''