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Ordinance 76-65OnDINANCE 7~ - ~ AN ORDINANCE AMENDING ORDI~?ANCE 76-30 THE COMPREIIENSIVE ZONING REGULATIONS FOR TIlE UNINCORPORATED AREA OF T~IE COASTAL AREA PLANNING DISTRICT BY A/~ENDING SECTION 3, DEFINITIONS1 SECTION 8, SUPPLEMENTARY DISTRICT REGULATIONS~ SECTION 18, OFF- STREET PARKING; SECTION 21, RS-RESIDENTIA~. SINGLE FAMILY! SECTION 22, RM-1 RESIDENTIAL MULTIPLE FAMILYI SECTION 24, PLANNED UNIT DEVELOPMENT DISTRICT/ SECTION 25~ RT- RESIDENTIAL TOURIST DISTRICTI SECTION 29, MRRP-MODILE }IOME RENTAL PARK DISTR/CTt SECTION 33, CC-CONVENIENCE COMMERCIAL; SECTION 37, A-AGRICULTURE DISTRICT; SECTION · 38, E-ESTATES DISTRICT; SECTION 39, ADMINIS- TRATION AND ENFORCEMENT; SECTION 48, AMEND- MENTS~ AND PROVIDING AR EFFECTIVE DATE. WHEREA~, the Coastal Area Planning Commission petitioned the Board of County Commissioners, Collier County, Florida to amend the Comprehensive Zoning Regulations for the unincorporated area of the Coastal Area Planning District of Collier County, Florida, as hereinafter described: NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA~ SECTION ONE: The Comprehensive Zoning Regulatione for the unincor- porated area of tho Coastal Area Planning Dletrict of Collier CoUnty, Florida, Ordinance 76-30 are amended ae hereinafter described, Amend Section 3 - De£1nitioas by adding the following: ADULT FOSTER HOME: An adult foster home iea family- lik~ ii%in% Sft6~tion, in a private home, designed to meetfunctionthe needSindependently.Of those persons who are unable~ DEVELOPMENT: Development shall mean the act, p~ese, or resUlt of placing buildings and/or etructux~ong~ . lot or parc.1 of land. DEVELOPMENT PLAN: A graphic rep=esentation w ~"6Pp6rtive inf6'~ation and date depicting the ~n~ development .... SITE ALTERATION, ~.ny modification, change or transfor- mation of any portion of a lot or parcel of land lnolud- tng but not lim/ted to the removal, displacement or location of trees, plante and vegetation, the addAkion or removal of earth ma~eriale, and the creation~ reten- tion, or relocation of drainage courses or water areas. SITE ALTERATION _PLA~t A graphic representation along w-[th supper=ire information and data depicting the intended site alterations. Amend Section 3 - Definitions by deleting the existing defini- tions of Automible Service Stations and Drive-In or Refreshment Stand and substituting new definitions to read as followsl AUTOMORILE SERVICE STATIONI A~ automobile service atati6ns is any establishment/facility engaged in the retail dispensing of automobile fuels and oils, whether designed as a full service or self-service establishment/ facility. · DRIVE-IN RESTAURANT OR REFREShmENT STAND~ A driVe-in restaurant or r'~freshmen'~ stand is any place or premise where provisions is made on tho premises for the prepa- ration, selling, dispensing or serving of food, refresh- ments, or beverages to the patron without his having to depart from his automobile or vehicle. Amend Section 8, Supplementary District Regulations by changing Paragraph 2, Location of Accessory Structures on Waterfront Lots and Golf Course Lots to read as follows~ STRUCTURE TO rRON? ~R ,,,sIO~ ~T.~cru~ , RS and Duplex- Swimming Pool and/or Screen Enclosure SPa 15' ePS N ** Swimming Pool RT,RM and Commercial 35' 20' 15' N Utility Buildings, Chickoe, Bar-B-Quo SPS SPS SPS N SPS 15' SPS 10' Amend Section 8, Supplementary District Regulations by changing Paragraph 2, Location oK Accessory Structures Non-Waterfront and Non-Golf Course Lots to read as follows~ Attached Screen Porch, . ~S and Duplex · Amend Section 8, Paragraph 12A by adding a new paragraph to read aa follower The failure of a petition to meet any one of the following requirements shall be-mandatory-grounds. for the Planning Commission to recommend denial to the Board of County Commissioners. Amend Section 8, Paragraph 12A(1) as follows~ (1) No such use shall be located within five hundred feet of any established school, church, public park, or playground. The distance of five hundred ($00) feet shall be measured as the shortest distance between the lot on which the school, church, public park or play- ground is located and tho lot on which the alco- holic beverages are to be sold. **"In ~hose cases where the coastal setback line ia involved, the coastal s.a=back line will apply." Amend Section 8, Paragraph 12A(2) as follows: (2) No such use shall be located within five hundred (500) feet of any existing establishment which sells alcoholic beverages for consumption on premises. Amend Section 8, Paragraph 12A(3) to read as follows~ (3) The uses in the immediate area ara capable of existing together in harmony with the proposed sale of alooholic beverages. /tmend Section 8, Paragraph 12A by adding a new subparagraph (7) to read as follows: . (7) No such use shall be located within fifty feet of any residential zoned lot. The distance of fifty (S0) feet shall be measured as the shortest distance between the residential zoned lot and the structure in which the alcoholic beverages are to be sold or from the off-street park/ng area of such structure whichever is the lesser. Amend Section 8, Paragraph 12B by changing 12B to read as follower B. The follo~ing usaa shall be exempted from distance limitations of Paragraph 12A(2) of this Section, but shall comply with all o~her requirements of this Section. (1) ~ny restaurant deriving at least fifty-one percent of its gross revenue from the sale of food and non-alcoholic beverages. (2) /my motel and/or hotel with one hundred (100) or more guest rOOml. (3) Any private club, golf club, country club, civic or fraternal club may serve alcoholic beverages for consumption on premises when much service is incidental to the main use and for the exclusive use of ~he members, tenants, and/or guests of the facility. Amend Section 8, Paragraph 12C to read as £ollo~sz Any establishment approved under this section to sell any alcoholic beverages for consumption on premises shall upon written demand of ~he Director, make or cause to be made under oa~h a statement itemizing what percentage of his gross receipts are from the sale of alcoholic beverages. Amend Section 8, Supplementary District Regulations by adding to Paragraph 16, Fences, a new sub-paragraph C to read am follows~ C. Safety Barriers for Pools: (1) All pools in RS 1,2,3,4, "E", RM-1, and RM-1A Zoning Districts shall have a safety barrier. The safety barrier shall take the foz~n of one or moro of the following types: Screen or open mesh enclosure, wooden and/or wire fence, rock and/or concrete block wall, end other types which shall meet tho protective intent of this subsection. Said safety barriers shall be so constructed as not to have openings, holes, or gaps larger than six (6) inches in one dimension, except for doors and gates. Tho minimum height of the safety barrier shall not be less than four feet (4'). The safety barrier shall be erected elf. her around the swimming pool or around the premises on which the swimming pool is erected, provided tho minimum setbacks as required in this section are mot. In either event, it shall enclose tho area entirely, prohibiting tmro- · strained admittance to the enclosed area. No safety barrier shall be required on tho ~ot line of property abutting a water frontage, except a satiety barrier shall be required on property abutting tho Gulf of Mexico. Gates shall be equipped with a lock, so that they shall automatically be in a closed and fastened position at all times, and said lock shall be at a minimum height of three (3') feet above the base of the safety barrier. Any lock located belo~ five feet (5') shall bo · positive lock. It .heX1 be the responsiblXlty of the owner and/or ocou- pant of tho promises upon which the ewtn=ning pool has boon constructed or is hereafter erected to install and maintain and keep In proper and safe condition the safety barrier required and erected in accordance with this Section. (2) Pools in districts other than those covered in (1) .hall be required to provide a safety barrier as out- lined in (1) above or be so situated es to provide visual policing of the pool by an attendant on duty during day light hours. Amend Section 18, Off-Street Parking, Paragraph 15, Required Amounts by addingz Coin-Opt One (1) space for each two (2) washing machines. Amend Section 21, RS-Residential, Single-familM by adding tO 2C Provisional Uaeat (4) ~ost homes, homes for the aged, adult foster homes, children's homes, rehabilitation centers. Amend Section 22, l~t-1, Residential Multiple Family by adding to 2A, Permitted Principal Usasl (3) Single family dwellings in accordance with the provisions of the RS-4 District. Amend Section 22. RM-1. Residential Multiple Family, Part X and Part II by adding to 2C Provisional UsesI (4) Rest homes, homes for the aged, adult festa= homes, children's homes, rehabilitation centers. Amend Section 24, (PUD) Planned Unit Development District by adding to Paragraph SD, a new subparagraph (9) to resd~ (9) Deviations from the required master plan elements= The Director may exempt a petition from certain required elements of the master plan when the petition contains conditions which show the ele- ments can be waived without a detrimental effect on the health, safety and welfare of the community. These exemptions shall be listed in the Staff Report to the Planning Commission. Amend Section 25, RT, Residential Tourist by changing Paragraph 6B to reads Depth of side yard - Fifteen (15) feet plus one (1) foot for each two (2) feet of building height over forty five (45) feet. Amend Section 25, RT, Resid. ntial Tourist by changing Paragraph 10, Minimum Landscaping Requirements to read as follows! 10. MINIMUM LANDSCAPING REQUIREMENTS= There shall be b~0¥i'ded'~e (1) square foot of landmcapod area for each square foot of off-street parking area. This may include any landscaping required in Section 19 of this Ordinance. The preservation of existing native vegetation is permitted when such use is not in conflict with Chapter 13 of the Collier County Code of Laws and Ordinances. Amend Section 29, MHRP-Mobile llome Rental Park by changing 2C Provisional Us,s by deleting subparagraph (6)(a). The requirements of the T'I'RV district shall be in addition to the requiroments of the ~IRP district regulations. Amend Section 33, CC-Convenience Commercial by changing Paragraph 8, Maximum lleight to read~ 8. Maximtm~ }leightt 'l'w'enty-five (25) feet above the finished grade of the lot. Amend Section 33, CC-Convenience Commercial by adding to Provisional Usesl (2) Residence tn conjunction with business-one (1) per business. Amend Section 37, A-Agricultural District by adding to Paragraph 2C Provisional Uses= (9)' Communication towers ~end Section 38, E-Estates District by adding to Paragraph 2C Provisional Uses= (S) Convalescent homes, rest homes, homos for the aged, adult foster homes, children's homes, rehabilitation centers. · J Amend Section 39, Administration and ~nforcement by adding to Paragraph 8 a new subparagraph E to road~ E. CI1ANGES. AND'AMENDMENTS~ Any change in an approved site and 5evelopment plan requ£rea a review before the Planning Commission aa for a new request (See Paragraph 8A above). Amend Section 48, Amendments by changing Paragraph 5 to read as follows= When pertaining to =ezoning amendments of this zoning ordinance, the Planning Com~ission shall services are available. To determine this, the Official Land Use Guide and/or the rating system shall be used. The Planning Commission shall forward itc deter- mination to the Board for its use aa a guide in reviewing the rezone petition. Amend Section 48, Amendments, by changing Paragraph E to read as follows= Soardt Action on Planning Commission Report~ Upon receipt of the Planning Co~alsal°n'a ~eport and recommendations, the Board shall hold a second public hearing with notice to be given as set out in Subsection 2 and 3 above. In the case o! all proposed changes or q~endmente, such changes or amendments shall not be e~opted except by the aE~irmative vo~e of four (4} members oE the Board. SECTION TWO= This Ordinance shall become e~fective upon receipt of notice ~ha~ it has been ~iled with the Secretary o£ State. DATE= December 21, 1976 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This ordinance filed with the Secretary o£ State's office the 27th day of December, 1976 and acknow- ledgment of that filing =eceived this 4th dam of January, 1977.