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Ordinance 87-061ORDINANCE 87 -61 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPRE- HENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY ADDING MIXED RESIDENTIAL AND COMMERCIAL USES AS A ~ERMITTED PROVISIONAL USE TO 7.22 C-3 - COMMERCIAL INTERMEDIATE ZONING DISTRICT, SUBSECTION 7.22.b.3); BY ADDING SUBSECTION 7.22.c.(7); AND BY PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: Collier County Ordinance 82-2, Section 7.2, C-3, Commercial Inter- mediate, Subsection 7.22.b.3) Permitted Provisional Uses and StructureS.: shall be amended as follows: 3) Permitted Provisional Uses and Structures ';- ' (a) Indoor recreational uses. ,r,.-;; (b) Commercial schools. ~:~ (c~ Motion picture theatres. 'o~ (d) Uses over 50 feet in height with a maximum height of 100 feet Radio stations (offices and studios) and auxiliary transmitters and receiving equipment, but not principal transmission tower. (f) Night Clubs. (See Section 8.11.) SECTION TWO: (g) Mixed residential and commercial uses. (See Subsection c.7) for development standards.) Commercial Intermediate, Subsection 7.22 c) Development Standards: shall be amended by adding a new standard 7l as follows: c. Development Standards: 1) Minimum Lot Area: 7,500 square feet. 2) Minimum Lot Width: 75 feet 3) Minimum Yard Requirements: (a) Front Yard- Fifteen (15) feet within which no parking shall be allowed nor any merchandise stored or displayed, (b) Side Yard- None, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. (c) Rear Yard- Twenty-five (25) feet. (d) Any yard abutting -a residentially zoned parcel- Fifty (50) feet, (e) Waterfront- Twenty-five (25) feet. WORDS UNDERLINED ARE ADDITIONS; WORDS-~TRtJCI~-'FHR~)~- FFARE DELETIONS Maximum Height: Fifty (50) feet. 5) Minimum Floor Area of Principal Structure: 1,000 square feet per buildir,g on the ground floor. 6) Distance Between Structures- Same as for side yard setback. 7) Standards for Mixinq Residential And Commercial Uses: The intent of this provisional use is to provide opportunities for mixing single or multi-fami!y units and commercial uses. A mixed use project of this nature is to have an inteqrated, coordinated plan which is desiqned to protect the character of the residential uses and of nei_clhborinq properties. The commercial uses are lower inter.--ity uses which may be limited in hours of operation, size of delivery truck~, and type of equipment. Hazardous material storaqe in small quantities, which would not be injurious to the residents, is only permitted when incidental to the business, and noise and odor are to be minimized so as not to be a nuisance to the residents. Prior to granting approval of the provisional use, the followincj standards at a minimum shall be met: (a) The dwellinq units shall be developed in association with and shall be compatible with a permitted principal use within the same buildincj. The number of residential umts shall be controlled by setback, parkin.cj, coveracje, and other site development requirements, toqether with the specific requirement that in no instance shall the residential uses exceed fifty percent (50%) of the gross floor area of the buildinq. (b) Buildinq height may not exceed two (2) stories. Each residential dwellinq unit shall have minimum floor area of six hundred and fifty (650) square feet. The residential dwellinq units shall be for occupancy by residents rather than transients and shall not be permitted to be rented for a period of less than a week, as provided by the Zoninq Ordinance. (e) A minimum of 30 percent site open space shall be maintained which may include areas used to satisfy water manaqement requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (Parki~q lot islands may not be used). Residential dwellinq units may only be placed above principal uses, and residential and commercial uses may not occupy the same floor. _.A site development plan meeting the requirements of Section 10.5 of the Zoninq Ordinance shah be submitted at the time of application for Provisional Use 3. g. 328 (hi The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses throuqh such measures as, but not limited to: minimizinq noise associated with commercial uses, directinq commercial li.qhtin.cI away from residential units, separating pedestrian and veh!cular access ways and parking areas from residential units to the greatest extent possible. WORDS UNDERLINED ARE ADDITIONS; WORDS-STRUC-K--3:~H-ARE DELETIONS SECTION THREE: This Ordinance shall become effective upon notice that it has been received by the Office of the Secretary of State. ~M,E~.~.C. 'GII'E'S~ CLERK .:~ .' ~-, .% '..~. - APFRQ~ED'~S' TO FORM AND LE~'L SUFFICIENCY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY--MAX A: HASSE, ;~1[., ~? Chairman This ordinance filed with the Secretary of State's Office the /-~T~day of~, _/q~7 and ac knowledg en/t~n_~t .~( ' thc~ fifi~ received ~j]~ day R. BRUCE ANDERSON ASSISTANT COLLIER COUNTY ATTORNEY WORDS UNDERLINED ARE ADDITIONS; WORDS-STRUC~K--3:I-[ROZJGH.ARE DELETIONS 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 87-61 which was adopted by the Board of County Commissioners on the 4th day of August, 1987 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of August, 1987, J~u~ES C. GILES Clerk of Cou~ts and Clerk Ex-officio to County By: Vff~nia ~gri Deputy Cl~k-'