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Ordinance 89-093~ ~INCO~O~TED AR~ OF COLLIER CO~TY, BY i~DING SE~ION 9.5, PATIO HOUSES (Z~O SIDE .Duc S~BILITY; AND BY PROViDiNG AN EFFE~VE DATE. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,.and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County; and WHEREAS, the Comprehensive Zoning Ordinance provides for Patio Houses; and WHEREAS, it is necessary and appropriate that the language be modified to encourage flexibility in building '~ siting to accommodate unique site features and retain native ~ vegetation in development plans; and WHEREAS, this language modification will not be to the detriment of the public health, safety, comfort, order, appearance, convenience, morals, and the general welfare; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that Collier County Ordinance No. 82-2, the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, Florida, is hereby amended as follows: section 9.5, Subsections a., c. and d., Patio Houses (Zero Side Yard) are hereby amended to read as follows: Words-struek-~h=e~h are deleted; words underlined are added. ,00, 256 9.5 Patio HouSes fZero side Yard): Patio houses are single family detached dwelling structures on individually platted lots which are designated to provide maximum usage of outdoor living space while insuring privacy from adjacent housing and to allow for flexibility in accommodatina na~iYe veaetation or site features by providing a side yard or #patio" of greater than normal width on one (1} side of the dwelling and no yard or a reduced vavd on the other. b® In certain districts, the owner or owners of three (3) or more adjoining lots along a common public or approved private street may request a grant of special exception in accordance with the procedures set forth in Section 13 for the purpose of construction of patio houses. All requirements of the Subdivision regulations and the zone district in which such patio houses are located shall be complied with, except that no side yard or a reduced side yard of not less than fiv~ iS) feet shall be permitted on one (1) side of each parcel and the combined side yard requirement of the applicable zone Yard amoun~ shall be required on the opposite side of each parcel. No patio house shall be located closer than that distance required as combined side yards from any other patio house nor shall any patio house be located closer than the minimum setback of the applicable zone district from the property line of any other dwelling unit not a patio house. Where patio houses are located at the property line, wit&no side yard as ~eq~ed Permitted above, no window, door, or other opening below seven (7) feet in height above the first floor level shall pierce the wall of such structure adjacent to the adjoining property. de Concurrent with final approval, and as a condition thereof, a covenant, in a form satisfactory to the County Attorney, shall be recorded as part of the deed for the subject property setting forth the side yard setbacks for each lot within the subject property and the responsibility for maintenance of the common vall along the property line, ~f aDvlicable. ~ 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 an~ court of competent Jurisdiction, such portion shall be deemed a separate, district and independent provision, and such holding shall not affect the validity of the remaining portion. '. Words-st~dek-th=oa§h are deleted; words I~ are added. 037,,.:' 257 ~'ffect:lvs Dete~ This Ordinance shall become effective upon receipt of ~?no~ice from ~e Secretary of S~a~e ~ha~ ~his Ordinance has been filed with the Se~eta~ of S~te. i~; '- JAM~S C. GI. LESp. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN AND LEGAL ~UFFICIENCY= ~ASSIBTANTCOUNTYA~O~ ZO-89-260~IN~CE of S~q~'9% Offl~ tho :..~- ' Words-st~ek-~.hreugh are deleted~ Words ~ ara added. ' .... '= 037 2.~' Z, SAHE$ C. GILES, Clerk of Courts tn and for the Twentieth Sud~clal Circuit, Collier County, Florid&, do hereby certify that the foregoing ts a true copy of: Ordinance ~o. 89-93 which ~s adopted by the Board off Co~y Co~tse~oners on the lgth day of December, ~989, during Reeler WITleSS my hand and the official seal of the Board of County Co~mlss~oners of Collier County, Florida, day of December, 1989. ~AMES C. GILES '"' Clerk oF Courts and Clerk. Ex-off,cio to Board of County Co~lselonere Deputy Cler~