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Ordinance 76-05 40868~ ORDINANCE NO: 76-S COUNTYaEC AN ORDINANCE AMENDING ORDINANCE NO. 74-15 THE ZONING REGULATIONS APPLICABLE TO THE IMMOKALEE AREA PLANNING DISTRICT OF COLLIER COUNTY, FLORIDA, AS~NDING SECTIONS ll.4,11.4A,11.5,11.5A,11.6, ll.6B,11.6C,MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS AND REPLACING SAID AFOREMENTIONED SECTIONS WITH THE HEREINBELOW REVISED }:ULTI-FAMILY REGULATIONS AND PROVIDING AN EFFECTIVE DATE: WHEREAS, The Immokalee Area Planning Commission of Collier County Florida, has determined that the following amendments to the Zoning Regulations shall be established in order to update and clarify the Zoning Regulations for the Immokalee Area Planning District. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. SECTION ONE: 1. To amend the Zoning Regulations applicable to the Immokalee Area Planning District of Collier County, Florida, amending Article XI, Scction ll.4,11.4A,11.5,11.SA,11.6,11.6B and 11.6C and the Official Zoning Regulations as described by Ordinance 74-15 is amended accordingly: SECTION 11.6 "I-MF-i" Single & Two Family Residential District: 1. DISTRICT PURPOSE: The provisions of this district are intended to apply to areas of single and two-family residences which conform to the Collier County Building Code, and have a medium dwelling unit density. 2. PERMITTED USES AND STRUCTURES: No building or structure or part thereof, shall be erected, altered or used, or land or~ter~sed, in whole or in part for other than the following: A. PRINCIPAL USES: (1) Single-family dwellings (2) ~o-family dwellings B. ACCESSORY USES: (1) Customary accessory uses and structures including private garages. (2) Home Occupations C. PROVISIONAL USES: The following uses may be permitted subject to the provisions of Article IX and the specific requirements of Section 9.3, if applicable as follows: (1) Non-.commercial boat launching fac areas. ! multiple docking (2) Recreational clubs, intended to serve the surrounding residential area, including public parks, playgrounds and community centers. PAGEO (]1 Churches and other places of worshi (4) Child Care Centers, Nursing or Rest Homes (5) Schools and Colleges (6) Civic and Cultural Facilities 3. MINIMUM LOT AREA: A. Corner Lots - 7,000 square feet (1) Minimum Width-70 feet B. Interior Lots - 6,600 square feet (1) Minimum Width - 60 feet 4. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES: A. Single family dwellings 800 square feet, one story; 1,000 square feet two stories, of which at least 600 square feet shall be one the ground floor. B. Two-family dwellings - 500 square feet per dwelling unit. 5. MAXIMUM LOT COVERAGE: 35% 6. MINIMUM YARDS: A. Front Yard - 25 Feet B. Side Yard - One story, 7% feet, two story, 10 feet C. Rear Yard - 20 feet D. On lots that front on more than one street, the front yard which has the longest street frontage may be reduced to 20 feet; the yard opposite the front yard with the least street frontage shall be considered a rear yard for setback purposes. 7. MAXIMUM HEIGHT: 30 feet above ground 8. MINIMUM OFF-STREET PARKING: One space per dwelling unit 9. See also Article VIII - Off-street parking loading and unloading regulations. SECTION 11.7 I-MF-2 One,Two & Multiple Family Residential District: 1. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area of medium to high density residences which conform to the Collier. County Building Code. 2, USES PERMITTED: No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Single-Family Residences. (2) Two-Family Residences. (3) Multiple-Family Residences. PAGE 01 g 6 B. ACCESSORY USES: (1) Accessory uses and structures, including private garages. (2) Home Occupations,as provided for in Article X. C. PROVISIONAL USES: (1) Non-Commercial boat launching facilities, and multiple docking areas. (2) Recreational clubs, intended to serve the surrounding residential area. (3) Churches and other places of worship.~. (4) Child Care Centers, nursing or rest homes. (5) Hospitals for the care of humans. (6) Schools and Colleges. (7) Civic and cultural facilities. 3. MINIMUM LOT AREA: A. Single and two-family residences: corner lots, 7,000 square feet; interior lots 6,600 square feet. B. Multiple-Family residences: 9,600 square feet. In case of multiple-family residences of four or more units add an additional 1,600 square feet per unit. 4. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: A. Single-family dwelling: 800 square feet, one story 1,000 feet, two story of which at least 600 square feet shall be on the ground floor. B. Two-family dwelling: 500 square feet per dwelling uhit. C. Thrce or more family dwelling: 360 square feet per dwelling unit. 5. MINIMUM LOT WIDTH: A. Corner Lot - 70 feet average between front and rear lot line B. Interior Lot - 80 feet average between front and rear lot line 6. MINIMUM YARDS: A. Front Yard - 25 feet B. Side Yard - 10 feet C. Rear Yard - 20 feet D. On lots that front on more than one street, the front yard which has the longest street frontage may be reduced to 20 feet; the yard opposite the front yard with the least frontage shall be considered a rear yard for set-back purposes.~ 7. MAXIMUM HEIGHT: 30 feet above grade. 8. MINIMUM OFF-STREET PARKING: Single-Family residence One (1) space per dwelling unit, located within the lot boundaries, but in no event shall be permitted in the side yard setback. A. Multiple family dwellings and transient lodging facilities which provide cooking facilities.in the dwelling units; one and one-half (1%) spaces per dwelling unit. -3- B. See also Article VIII Off-Street Park~nQ,Loading and Unloading Regulations. SECTION 11.8 "I-MF-3" MULTIPLE-FAMILY RESIDENTIAL DISTRICT: 1. DISTRICT PURPOSE: The provisions of this district are intended to apply to an area of high density residences serving both transients and residents. 2. USES PERMITTED: No b6ilding or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part for other than the following: A. PRINCIPAL USES: (1) Multiple Family Residences. (2) Hotels, Apartment Hotels, and Motels. B. ACCESSORY USES: (1) Customary accessory uses and structures, including covered parking areas. (2) Shops,personal services establishments,eating or drinking establishments, dancing, and staged entertainment facilities, meeting rooms and auditoriums, when such uses are an integral part of a hotel, apartment hotel or motel. C. PROVISIONAL USES: The following uses may be permitted subject to the provisions of Article IX and the specific requirements of Section 9.3, if applicable, as follows: USE (1) Non-commercial boat launching facilities, and multiple docking areas. (2) Recreational clubs, intended to serve the surrounding residential area. (3) Churches and other places of worship. (4) Fraternal and social clubs. 3. MINIMUM LOT AREA: 15,000 square feet. 4. MINIMUM LOT WIDTH: 100 feet average between front and rear lot lines. 5. MINIMUM YARDS: A. Front yard - 30 feet plus one foot for each two feet of building height over 45 feet. B. Side yard - 15 feet plus one foot for each two feet of building height over 45 feet on each side. Principal C. Rear yard - 25 feet plus one foot for each two feet of building -4- height over 45 feet. A. Multiple-Family dwelling - 450 square feet per dwelling unit. B. Hotel or Motel: (1) Residence dwelling units and transient dwelling units with cooking facilities - 400 square feet, including bathroom and closet. (2) Residence dwelling units and transient dwelling units without cooking facilities - 300 square feet, including bathroom and closet. 7. MAXIMUM HEIGHT: 75 .~eet above grade. 8. MINIMUM OFF-STREET PARKING: A. M~ltiple family dwelling and transient lodging facilities which provide cooking facilities in the dwelling units; and one and one-half (1%) spaces per dwelling unit. B. Transient lodging facilities which do not provide cooking facilities in the dwelling units: one and one-fourth (1¼) spaces per dwelling unit for the first 100 dwelling units; one space per dwelling unit for the next 150 dwelling units; one-half (%) space per dwelling units thereafter. C. Meeting rooms or auditoriums which will accommodate 100 or more persons, restaurants and cocktail lounges: 60 per cent of the spaces which would be required if these uses were not associated with a multiple, family dwelling or transient lodging facility. D. See also Article VIII - OFF-STREET PAPJ{ING, LOADING AND UNLOADING REGULATIONS. SECTION TWO: 1. Penalty: A violation of any provision of this Ordinance is a misdemeanor and shall be prosecuted in the name of the State in the County Court by the Prosecuting Attorney, and upon conviction shall be punis]'.ed by a fine not to exceed $500.00 or by imprisonment in the County Jail not to exceed sixty (60) days, or by both such fine and imprisonment. Each violation and each day a violation continues shall constitute a separate offense. The Board of County Commissioners shall have the power to collaterally enforce the provisions of this Crdinance by appropriate Judicial Writ or proceeding notwithstanding any prosecution as a misdemeanor. 2. Conflict: In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. This ordinance shall not apply in any municipality within Collier County unless the municipality adopts a resolution or takes other official action requesting that the County enforce this Ordinance within the limits of its municipal jurisdiction. 3. Severance: If any phrase or portion of this Ordinance is for any reason 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 th~ validity of the remaining portion. 4. Liberal Construction: The provisions of this Ordinance shall be liberally c~nstrued to effectively carry out its purposes in the interest of the public health, safety, welfare and convenience. 5. Effective Date: This Ordinance shall take effect upon receipt of notice that it has been filed with the Secretary of State. Dated: February 10, 1976 BOARD OF COUNTY COMMISSIONERS . ,,'.'.'.~ ! / "" COLLIER COUNTY, FLORIDA .' · ": ..~\ ,;.:' ': .,..~ '..'~,. · ,AT~EST: ' ':;~ ;~ ' · . uss ' imer,Chairman ~-,; ! ", ..... ! ::;;' Approved as to f~ and legality: -~ MARGARET'T~. SCOTT,CLERK ~ ~/' ) ~..-. / .,", , .. . ..: ..... ,~, .. ~ .,,~/ ~ ~ ......... ,.::,., _. ...... ,- .... -.(/ /, 1~, ~ ~ :,,~:~ z;, ,:,',,.~_.:_,x., Ix",~F ./ [/h.~Y~t'>'-~~ - /""/ ~}onald A. ~Sickworth ' ~._: Collier County Attorney -6-