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Ordinance 78-60ORDINANCE 78 - ~0 AN ORDINA2~CE A~NDING. ORDINANCE 76-30 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY kMENDING THE FOLLOWING SECTIONS AS HEREINAFTER DESCRIBED: SECTF~DN 3-DEFINITIONS; SECTION 8-SUPPLEMENTATY ~ ~ DISTRICT REGULATIONS; SECTION 13-SPECI.A~ ~ PROVISIONS FOR IIOUSING OF FARM LABOR; ' ~ ~ ~ SECTION 18-OFFSTREET PARKING AND OFFSTRE~ ~ LOADING; SECTION 21-RESIDENTIAL SINGLE ~. ~ FAMILY DISTRICT; SECTION 22I-RESIDENTIAL'~' MULTIFAMILY DISTRICT; SECTION 23-RESIDENT~o MULTIFAMILY DISTRICT; SECTION 25-RESIDENT~A~ TOURIST DISTRICT; SECTION '26-GOLF COURSE ~ DISTRICT; SECTION 26II-RECREATION OPEN SP~E DISTRICT; SECTION 27-FISHING VILLAGE RESIDEN- TIAL DISTRICT; SECTION 28-MOBILE ~OME SUBDI- VISION DISTRICT; SECTION 32-PROFESSIONAL COMMERCIAL DISTRICT; SECTION 33-CONVENIENCE COMmeRCIAL DISTRICT; SECTION 34-GENERAL RETAIL COMMERCIAL; SECTION 35-COMMERCIAL INDUSTRIAL DISTRICT; SECTION 36-INDUSTRIAL DISTRICT; SECTION 37-AGRICULTURE DISTRICT; SECTION 38-ESTATES DISTRICT AND SECTION 39- ADMINISTRATION AND ENFORCEMENT; SECTION 42- FEES, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the County Planning Department petitioned the Board of County Commissioners to amend the Zoning Regulations, Ordinance 76-30, as hereinafter described; NOW, THEREFORE BE IT ORDAINED by the Board of County Commis- sioners of Collier County, Florida~ SECTION ONE: The Zoning Ordinance 76-30 is hereby amended as follows: A~ND SECTION 3-DEFINITIONS AS FOLLOWS~ Add a New Definition to read as follows-Commercial~qui~nt: Any equipment commonly used in a commercial busineS~,i.e.-- contractors equipment, earth moving machinery, util~y tra~tl~, and devices 6sed for the transportation'of equipme~, or merchandise. Change thu definition for hotel~ Mqtel Boatel, Mot~ Hot~ ~ Motor Lodge, To.uris~ Cour~ to read as follows: The_~erms_~ote-I, motel, boatel, motok hotel, motor lodge, tourist c~rt a~ to be considered synonomous and to mean a building or a group of buildings in which sleep accommodations are offered to the public and intended primarily for rental to transients with daily charge; as distinguished from multiple-family dwellings (apartments) and rooming or boarding houses, where rentals are for periods of a week or longer and occupancy is generally by residents rather than transients. No more than 25% of the units in a hotel, motel, motor hotel, boatel, motor lodge or tourist court may have cooking facilities except when said units are in a district that permits both hotel, motel, etc. and multi-family dwellings. ;~END SECTION 8-SUPPLEMENTARY DISTRICT REGULATIONS AS FOLLOWS: Amend Paragraph 2-Accessory Structures on Waterfront and Golf Course Lots by adding (13) and (14} as followsz FRONT REAR SIDE S-S 13. Docks NA NA 7.5 NA 14. Boat Slips & Ramps(Private NA NA 10 NA Amend Paragraph 7A to read as follows: Parking, Storage or Use of Ma~or Recreational Equipment~ Major recreational equipment is hereby defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on motorized vehicles), motorized dwellings or motor homes over twenty (20) feet in length, tent trailers, popout campers, houseboats, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be used for living, sleeping, or housekeeping purpoees when parked or stored on a residentially zoned lot or any location not approved for such use. Major recreational equipment may be parked or stored only in a rear yard (on corner lots, the rear lot shall be considered the rear of the residence),or in a completely enclosed building,or in a carport, or on davits or cradles adjacent to waterways on residentially zoned property; provided, however, that such equipment may be parked anywhere on residential premises for not to exceed twenty-four (24) hours during loading and unloading, and/or cleaning prior to or after a trip. Amend Paragraph 8 and Paragraph 8A to read as follows: 8. Parking of Commercial Vehicles or Commercial Equip- ~ent in Residential AreaS~ A. It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a residential zoned district unless one of the following conditions exist: Amend Paragraph 12A to read as follows: 12. Locational Restrictions for Use Involving Intoxi- cating Beverages~ A. Sale of Alcoholic Beverages: The sale of alcoholic beverages for consumption on Premis'es will not be permitted at any location until such location has been approved by the Zoning Director. Prior to action by the Zoning Director for recommending a location for sale of alcoholic beverages for consumption on premises at any location, he shall find that the following requirements have been met: (1) No such use shall be located within five hundred (500) feet of any established school, church, public park, or playground. The distance of five hundred (500) feet shall be measured as the shortest distance between the lot on which the school, church, public park or playground is located and the lot on which the alcoholio beverages are to be sold. (2)' No such use shall be located within five hundred (500) feet of any existing establishment which sells alco- holic beverages for consumption on premises. The distance of five hundred (500) feet shall be measured as.the shortest distance between the lot on which the existing establishment is locate~ and the lot on which the alcoholic beverages are to be sold. (3) The uses in the immediate area are capable of existing together in harmony with the proposed sale of alcoholic beverages. (4) That any nuisance or hazard £~aLure l~volYed I~ adequate for the use. (5) That excessive traffic will not be generated on residential streets. (6) That the land and/or buildings involved are adequate for the use. (7) The petition shall be accompanied by a plot plan showing the following: (a) Dimensions of subject premises. (b) All vehicular points of ingress and egress. (c) Compliance with all requirements of Ordinance 76-30 including landscaping, offstreet parking, buffer areas, and location and size of all signs. Amend Paragraph 13 by deleting Subparagraph D in its entirety and renumbering remaining paragraphs accordingly. Amend Paragraph 16 by deleting Subparagraph C(2) in its entirety. AMEND SECTION 13-SPECIAL PROVISIONS FOR HOUSING OF FARM LABOR AS FOLLOWS: Amend Paragraph 4 to read as follows~ 4. Farm Labor Committee: The peculiar problems created by the necessity for housing farm labor, and the particular prob- lem of housing transient farm labor, require that special knowledge be brought to the matter of approving development plans for farm labor housing. Therefore, an advisory committee is hereby established to consist of five (5) residents of the County knowledgeable in the problems of farm labor. The advisory committee shall be known as the Farm Labor Committee and shall be appointed by the Board to serve terms of four (4) years. Amend Paragraph 5 to read as follows~ 5. Farm LaBor Committee-Role in Approval of Development Plans~ It s~all b9 the responsibility'of the Farm Labor Committee t0- review development plans submitted under this section and to determine that such plans meet ~e standards set out in this section and in Section 39.8 of this Ordinance in the context of farm labor housing. $~dEND SECTION 18-OFFSTREET PARKING AND OFFSTREET LOADING AS FOLLOWS: Amend Paragraph 3B.to read as follows~ B. Surfaced with asphalt, bituminous, or concrete material and maintained An smooth, dustless, and well graded condition (driveways, access aisles, and offstreet parking spaces for houses of worship and public and private schools offering academic courses may be surfaced with grass or lawn.) Upon approval of the Director, a suitable material(limerock excluded) with a suitable stabalized subgrade may be substituted for the above materials. This paragraph does not apply in Agricultural, Estates, RS, ~%~-1, and RM-1A Districts. Amend Paragraph 4C and Paragraph 4C(1).to read as follow~ C. The required offstreet parking facilities shall normally. be located on the same lot or parcel of land as the building or use it is intended to serve. H~ever, the Zoning Director, after a review Of a develop- ment plan submitted in accordance with Section 39.8, may allow the establishments of the required offstreet parking facilities within six hundred (600) feet of the building or use At ks intended to serve when" practical difficulties prevent the placing of the required offstreet parking facilities on the same lot as the building or use At is intended to serve providing: (1) The Zoning Director may impose such regulations or conditions upon approval as he may deem appropriate for the protection of the health, safety, and well-being of the citizens of the County which may include but shall not be limited to pedestrian graound level and overhead walkways, traffic signals, traffic control devices, and directional signs, controlled ingress and egress, fences, walls, and veg- etative screens as determined appropriate. Amend Paragraph 13 to read as follows: 13. Offstreet Parking-Required= Required offstreet parking according with the requirements of this Ordinance shall not be reduced in area or changed to any other use unless the permitted or permissible use that is serves is discontinued or modified, or equivalent required offstreet parking is provided meeting the requirements of this Ordinance. Add a new Paragraph 14 and renumbering present paragraphs from 14-20 to 15-21: 14. Offstreet Parking - Reservation: Where in the determi- natioh of the Zoning Director, the required number of spaces is excessive for a sepcific use, the owner or agent may sub- stitute landscaping in lieu of paving provided said areas are reserved for future parking should the County find those spaces are needed, and further provided= A. A site development plan is submitted to and approved in accordance with Section 39.8. B. The owner of the land upon which such parking is being reserved shall enter into a written agreement with the County with enforcement running to the County ensuring that the reserved parking area shall never be encroached upon, used, sold, leased or conveyed for any purpose except in conjunction with the building or use which the reserved parking area serves so long as the offstreet parking facilities are required. C. The owner of the land which such reserved parking area is located agrees to bear the expense of recording the agreement which shall bind his heirs, assigns or successors. D. The written agreement shall be voided by the County if the reserved parking area is converted to usable parking area or if the reserved parking area is no longer required. Amend Paragraph ~50ffstreet Parkin~=Required Amounts. by adding the following= Furniture or 'Carpet Stores i space for each 500 square feet of gross floor area. AMEND THE FOLLOWING SECTIONS BY ADDING A ~ PARAGRAPH AS FOLLOWS: SECTION 21.3A(5)B(5)C(5) and D(5) SECTION 32.7 " 22.8 " 33, 8 " 23.9 " 34.7 " 25.8 " 35.6 "' 26 · 4 " 36 · 6 " 26.II.7 " 37.7 " 27.8 " 38.8 " 28.9 In order to comply with the minimum flood elevation require- ments, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood Elevation Ordinance. AMEND SECTION 23.RM-2 RESIDENTIAL MULTIFAMILY DISTRICT AS' FOLLOWS: Change Paragraph 13C(5) to Paragraph 13D. AMEND SECTION 32 - PC PROFESSIONAL COMMERCIAL DISTRICT AS FOLLOWS: ~; ~u~u~u~, unzversl~les and Schools Adding a new Paragraph 11 to read as foll~s: 11. Required Buffer for Property Adjacent to Residential Zoned-ProDertyl Where such commercial abuts property zoned fcr residential purposes, there shall be provided a landscaped buffer area designed and planted so as'to be eighty (80) per- cent opaque when viewed'horizontally at three (3) feet above ground level, and said plant materials should reach a height of five (5) feet within two years after planting. A fifteen (15) foot wide landscaping area may be substituted for the required three (3) foot high planted buffer. Such landscaped buffer shall be located between the common lot line and the commercial activity or offstreet parking area exposed to the abutting residential property so that the purpose of screening the commercial area is accomplished. If this buffer is located on or within · utility easement, the maximum height of the vegetative buffer shall be fifteen (15) feet. AMEND SECTION ~3 - CONVENIENCE CO~dERCIAL DISTRICT AS FOLLOWS~ Adding a new Paragraph 16 to read as follows: 16. Required Buffer for Property Adjacent to Residential Zoned Property~ Where such commercial abuts property Zoned for residential purposes, there shall be provided a landscaped buffer area designed and planted so as to be eighty' (80) per- cent opaque when viewed horizontally at three (3) feet above ground level, and said plant materials should reach a height of five (5) feet ~ithin two years after planting. A fifteen (15) foot wide landscaping area may be substituted for the required three (3) foot high planted buffer. Such. landscaped buffer shall be located between the common lot line and the c6mmercial activity or offstreet parking area exposed to the abutting residential property so that the purpose of screening the commercial area is accomplished. If this buffer is located on or within a utility easement, the maximum height of the vegetative buffer shall be fifteen (15) feet. AMEND SECTION 34 - ~ENERAL RETAIL COMMERCIAL DISTRICT AS FOLLOWS: Amend Paragraph 2A by adding the following to Principal Uses and renumbering accordingly~ (98) Retail Fish Markets Change present (98) to (99) Amend Paragraph 2C - Provisional Uses by adding the following: (10) Used Car Lots AMEND SECTION 35 - COMMERCIAL INDUSTRIAL DISTRICT AS FOLLOWS: Adding a new Paragraph 10 to read as follows: 10. Required Buffer for Property Adjacent to Residential Zoned Property~ Where s~ch commercial area abuts property zoned for residential purposes, there shall be provided a landscaped buffer area designed and ~7 ted ~o as to be eighty (80) ~ercent opaque when vie%. .~rizontally at three (3) feet above ground level, and cai, ~ant materials should reach a height of five (5) feet within' two years after planting. A fifteen (15) foot wide landscaping area may be substituted for the required three (3) foot high planted buffer. Such landscaped buffer shall be located between the common lot line and the commercial activity c.-. offstreet parking area exposed to the abutting residential prope.-.ty so that the purpose of is located on or within a utility easement, the maximum height of the vegetative buffer aha11 be fifteen (15) feet... . ',.; , ,. ~.. ... ~ AMEND SECTION 36 - INDUSTRIAL DISTRICT AS FOLLOWS~ Adding a new paragraph 11 to read as follows~ 11. Required Buffer for Property Adjacent to Residential Zoned Property~ Where such industrial area abuts property zoned for residential purposes, there shall be provided a landscaped buffer designed and planted so as to be eighty (80) percent opaque when viewed horizontally at three (3) feet above ground level, and said plant materials should reach a height of five (5) feet within two years aftcr planting. A fifteen (15) foot wide landscaping area may be substituted for the required three (3) foot high planted buffer. Such landscaped buffer shall be located between the common lot line and the industrial activity or offstreet parking area exposed to the abutting residential property so that the purpos~ of screening the industrial area is accom- plished, if this buffer is located on or within a utility easement, the maximum height of the vegetative buffer shall be fifteen (15) feet. AMEND SECTION 38 - ESTATES DISTRICT AS FOLLOWS~ Amend Paragraph 2B(4) to read as followss (4) Keeping of horses and/or livestock (excluding pigs and hogs) not to exceed two (2) per acre. Any roofed structure for the shelter and feeding of such anfmals shall be no less than twenty (20) feet from any lot line or closer than one hundred (100) feet to any existing residence located on adjacent property. No open feed lot storage for animals shall be permitted. Amend Paragraph 2C - Provisional Uses by adding (7) and (8) .as follows~ (7) Chfld Care Centers (8) Administrative Offices for Nonmprofit public Oriented Uses. Amend Paragraph 3 to read as follows~ 3. Minimum Lot Areas Two and one-quarter (2%) acres. Paragraph 10. See Amend Paragraph 10 to read .as follows~ 10. pon-Conforming Lots of Records Any lot or parcel which was recorded or for which an agreement for deed was executed prior to October 14, 1974 (Ord. 74-42and Ord. 7S-24) and which lot or parcel does not meet the minimum width and area requirements for a principal use as a result of the passage of this Ordinance shall be considered as a legal non- conforming lot and shall be eligible for the issuance of a building permit provided all other requirements of this Ord- inance and the Florida Statutes are met. This section applies to Principal Uses only. All Provisional Uses shall require the minimum of two and one-quarter (2%) acres of land area. AMEND SECTION 39 - ADMINISTRATION AND ENFORCEMENT AS FOLLOWSs Amend Paragraph 8A to read as follows~ 8A. ~rocedure: Where by the terms of this Zoning Ordinance, approval of a site alteration and/or development plan is roquired prior to the issuance of a building permit, such site alteration and/or development plan shall be submitted to the Zoning Director. He shall circulate the site alteration and/ or development plan for comment and criticism to all County officers or departments which may have a responsibility for some aspect of the site alteration and/or development plan. Amend 8C to read as followsl C. Zoning Director ActionI In reaching a decision as to whether the site al~erati6n and/or development plan as sub- mitted shall be approved or approved with changes or in reaching a decision not to approve the plan, the Zoning Director shall follow the procedure set out in Section 39.8 A and B above and shall be guided in his decision and the exercise of discretion to approve, approve with conditions, or to deny by the following standards~ (1) through (10) leave as presently written. Amend Paragraph 8E to read as follows: E, ghanges and Amendments: Any change in an approved site alteration and/or development plan requires a review as for a new request, (See Paragraphs SA' through 8D above), AMEND SECTION 42 - SCHEDULE OF FEES AND CMARGES BY REMOVING THE FOLLOWING~ Alcoholic Beverage Petition 100.00 Offstreet Parking Location Variance 100.00 Site Alteration or Development Plan Approval 50.00 SECTION TWO: This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. DATE: November 7, 1978 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "'A. PISTO , :r /,6/ . ' V I - // J~'".'iff.~['~I~I~J. REAGAN, Clerk of Courts in and for the Twentieth Judicial . Cit$~;{t',"C~ier County, Florida, do hereby certify that the foregoin is a true'6~gihAi of ORDINANCE NO. 78-60 which was adopted by the Board o~ County Commissioners during Regular Session November 7, 1978. WITNESS my hand and the official seal of the Board of County Com- missioners of Collier County, Florida, this 7t5 day of November, 1978. WILLI~! J, REAGAN Clerk of Courts and Clerk Ex-officio to Board. of County Commissioners This ordinance filed with the Secretary of State's office th~14'th day::~f': :~. November, 1978 and acknowledgment of that filing received tI{~s 16th day ef~ November, 1978. ' ' ' B7 . 008