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Ordinance 89-090~. AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 CD THE COMPREHENSIV~ ZONING REGULATIONS FOR ~ ".~ THE UNINCORPORATED AREA OF COLLIER COUNTY, ~.:.~' ,.: "FLORIDA, DY AMENDING SECTIONS 7.8, A-1- .'31:'AGRICULTURAL DISTRICT, SUBSECTION b, un i,.-~PARAGRAPH 2) (f) , PERMITTED ACCESSSORY USES ' . /~.:AND STRUCTURES AND 7.9, A-2-RURA~L ~ ':7~--AGRICULTURE DISTRICT, SUBSECTION b, · ~-'PARAGRAPH 2)(e), PERMITTED ACCESSORY USES ~ ''-'~.AND STRUCTURES; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statues, 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 and business regulations necessary for the protection of the public; and WHEREAS, the Board of County Commissioners has identified the need within the community to amend the current regulations of a mobile home being used in conjunction with an active farming operation, without the three (3) year limitation; and WHEREAS, the Community Development Division, representing the Board of County Commissioners of Collier County, Florida, makes its request to amend Ordinance Number 82-2, Section 7.8, Subsection b, Paragraph 2)(f) and Section 7.9, Subsection b, Paragraph 2)(e) Permitted Accessory Uses and Structures, by eliminating the three (3) year restriction for mobile homes when used in conJection with agricultural use of land for commercial purposes; NOW, THEREFORE BE IT ORDAINED BY THE BOA_RD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: AGRICULTURAL DISTRICT {A-I~ - PERMITTED ACCESSORY USES AND STRUCTURES. Section 7.8, A-1 - "Agricultural District", Subsection b, Paragraph 2)(f), "Permitted Accessory Uses and Structures", of Words underlined are additions; Words s~=~ek-~hr~gh are deletions. --1-- · 'Ordinance Number 82-2, the Zoning Ordinance of Collier County, ' ::' il hereby amended to read as follows: 2) Permitted Accessory Uses and Structures: (a) Single-family dwellings. (b) Accessory uses and structures which are incidental to and customarily associated with uees permitted in the district. (c)* Private boat houses and docks, with or without boat hoists, on lake, canal or waterway lots. (d)* Farm labor housing subject to Section 9.3. (e)* On site retail sales of farm products primarily grown on the farm. (f)* A mobile home or trailer, used in connection with the agricultural uses is permitted on a temporary basis only, not to exceed the duration of the agricultural use of land for commercial purposes for which the mobile home is A permitted accessory US9 for three (3) years. Said mobile home use is renewable annually thereafter wh~eheYer-she~}-be-%he-sho=~er7 providing that a permit for such temporary use is obtained from the Director, uDon a showing ~h~t said agricultural use of land for gpmmerci~l DurDQses iS a continuiD~ use and further providing that the applicant is utilizing, for such agricultural use of a tract of five (5) acres or more, except that part lying in public road rights-of-way. Such mobile homes or trailers shall not be located closer than one hundred (100) feet from any County highway line, two hundred (200) feet from any State highway right-of-way, or five hundred (500) feet from any Federal highway right-of-way line. The mobile home must be removed at the termination of the permitted period. (g)* Mobile home or trailer shall be permitted as a temporary residence while permanent residence is being constructed. Upon issuance of a building permit for the construction of a permanent residence, the Director may issue a permit for temporary use of a mobile home or trailer while permanent residence is being built. The duration of such permit shall be determined by the Director but in no case may it extend beyond the expiration date of the building permit or the completion of the residence whichever is tho sooner. Prior to the issuance of a final certificate of occupancy, the mobile home or trailer must be removed from the premises. Words ~are additions; Words ot~uek-threugh are deletions. --2-- ,0,, ~J~URAL AGRICULTURAL DISTRICT ACCESSORY USES AND STRUCTURES. - PERMITTED Section ?.9,"A-2 - Rural Agriculture District", Subsection b, Paragraph 2)(e), "Permitted Accessory Uses and Structures", of Ordinance Number 82-2, the Zoning Ordinance of Collier County, Florida is hereby amended to read as follows: Permitted Accessory Uses and Structures: (a) Accessory uses and structures which are incidental to and customarily associated with the uses permitted in the district. (b) Farm labor housing subject to Section 9.3. (c) On-site retail sales of farm products primarily grown on the farm. (d) Guest house (subject to Section 8.38). (e) * A mobile home or trailer, used in connection with the agricultural uses is permitted on a temporary basis only, not to exceed the duration of the agricultural use of land for commercial DurDoses for which the mobile home is ~ permitted accessory U~ for three (3) years. Said mobile home use is renewable annually thereafter. wh½ehaYe~-sha~-be-~ha-sho~e~T providing that a permit for such temporary use is obtained from the Director, upon a showina %h~t said agricultural use of land for commercial DUrDOSeS iS a continuina use and further providing that the applicant is utilizing, for such agricultural use a tract of five (5) acres or more, except that part lying in public road rights-of-way. Such mobile homes or trailers shall not be located closer than one hundred (100) feet from any County highway line, two hundred (200) feet from any State highway right-of-way, or five hundred (500) feet from any Federal highway right-of-way line. The mobile home must be removed at the termination of the permitted period. (f)* Mobile home or trailer shall be permitted as a temporary residence while permanent residence is being constructed. Upon issuance of ~ building permit for the construction of a permanent residence, the Director may issue a permit for temporary use of a mobile home or trailer while permanent residence is being built. The duration of such permit shall be determined by the Director but in no case may it Words underlined are additions; Words e~=u=k-~h=o~gh are deletions. .m extend beyond the expiration date of the building permit or the completion of the residence whichever is the sooner. Prior to the issuance of a final certificate of occupancy, the mobile home or trailer must be removed from the premises. 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 phrase or portion 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 FOUR: 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 of Collier County, Florida, this 1Q~b day of December , 1989. ZO-89-23 ORDINANCE AMENDMENTS nb/1537 BOARD. OF COUNTY COMMISSIONERS COLLIEI~ COUNTY, FLORIDA BURT'L. SAUNDF~RS, CHAIRMAN Words underlined are additions; Words s~rmek-~hre~gh are deletions. --4-- 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 ks a true copy of: Ordinance No. 89-90 which was adopted by the Board of County Commissioners on the 19th day of December, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day Of December, 1989. Clerk of Courts and Clerk~' .' '. Ex-officio to Board of -"'- County Commissioners , ' ' Deputy Clerk · 037 , ZLt