Ordinance 75-36ORDINANCE NO. 75-_3.~_.__-
AN ORDINANCE AHENDING AND SUPPLEMENTING NO. 74-42
AND ORDINANCE NO. 75-24 BY ADDING CERTAI~] DEFINI-
TIONS; ADDING ADDITIONAL SETBACK REQUIREMEMTS
PEPaTAINING TO TIIE LOCATION OF ACCESSORY STRUC-
TURES; AMENDING THE DEFINITION OF "ESSENTIAL
SERVICES"; ADDING RESTRICTIONS ON THE USE OF
GUEST }lOUSES; ADDING ADDITIONAL STANDARDS FOR TIlE
TRANSFER OF RESIDENTIAL DENSITY CREDITS; A~MENDING
TIlE "PROCEDURES AND STANDARDS FOR DEVELOPMENT OF
"ST" LANDS OF LESS THAN (10) ACRES NOT INVOLVING
DENSITY TRANSFER." A/4ENDING THE "GH" SPECIAL
DISTRICT FOR (GH) GROUPHOUSING REGULATIONS BY
CHANGING THE "INTENT AND PURPOSE, ""USES PERMITTED,""
" D
PROCE URE AND APPROVALS", SECTIONS; ~24ENDING
SECTION 15 - "NON-CONFO~4ING LOTS, OF P, ECORD,"
AND ADDING A SECTION ON "NON 'CONFORMITIES NOT
INVOLVING THE USE OF A PRINCIPAL STRUCTURE";
'AMENDING SECTION 18 - "OFF STREET PARKING AND
OFF STREET LOADING" BY CllANGING ITEM 14 "OFF-
STREET PARKING: NON-CONFORMI~G USE" AND ITEM 15
"OFF STREET PARKING: REQUIRED AMOUNTS"; AMENDING
SECTION 20 "SIGNS" BY CHANGING ITEM 7 "DISTRICT
REGULATIONS"; AMENDING SECTION 21 "RS-RESIDENTIAL
SINGLE-FAMILY," BY ADDING ADDITIONAL PERMITTED
ACCESSORY USES, AND BY CHANGING THE DEPTH OF REAR
YARD AND MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE
REQU;[REMENTS OF PROPERTY ZONED RS-3; AMENDING
SECTION 22 "RM-i" RESIDENTIAL MULTI-FAMILY DISTRICT
BY ADDING ADDITIONAL PEP~ITTED ACCESSORY USES;
AMENDING SECTION 22 "RM-1A" RESIDENTIAL MULTI-
FAMILY DISTRICT BY ADDING ADDITIONAL PERMITTE6
ACCF, SSORY USES; AMENDING SECTION 24 "PUD PLANNED
UNIT DEVELOPMENT DISTRICT"; BY ADDING TO ITEM 6,
"PLANNED UNIT DEVELOPMENT SPECIFIC REQUIREMENTS,
LIMITATIONS,' AND STANDARDS" AN ADDITIONAL PARAGRAPH
PROVIDING FOR DEVIATION FROM SPECIFIC REQUIREMENTS
LIMITATIONS AND STANDARDS: /~{ENDING SECTION 25
"RT - RESIDENTIAL TOURIST DISTRICT" BY ADDING
ADDITIONAL PERMITTED ACCESSORY USES; AMENDING
SECTION 28 "MI{SD - MOBILE HOME SUBDIVISION
DIS'£RICT"; ADDING ADDITIONAL ACCESSORY USES;
AMENDING SECTION 29 "MHRP - MOBILE HOME RENTAL
PARK" BY ADDING ADDITIONAL ACCESSORY USES; ~ ~,~
AMENDING SECTION 34 "GRC - GENERAL RETAIL
CO~.~ERCIAL" BY ADDING CERTAIN PERMITTED PRIN~_L
AND STRUCTURES AND BY ADDING CERTAIN PER~TED
USES
ACCESSORY USF, S AND BY ADDING CERTAIN PERMITT~
PROVISIONAL USES; AMENDING SECTION 35 CI -
COMMERCIAL INDUSTRIAL DISTRICT "BY ADDING
CERTAIN PROVISIONAL USES} AMENDING SECTION 3~
"I - INDUSTRIAL" BY ADDING CERTAIN PROVISION~
USES; /U4ENDING SECTION 37 "A - AGRICULTURAL
DISTRICT" BY ADDING CERTAIN PERMITTED PRINCIPAL
USES AND ADDING CERTAIN PER/~ITTED ACCESSORY USES
AND ADDING CERTAIN PROVISIONAL USES; AMENDING
SECTION 48 "AMENDMENTS" PARAC"APH 6; AND PROVIDING
AN EFFECTIVE DATE.
WIIEREAS, The Coastal Area Planning Commission, petitioned
the Bonrd of County Commissioners of Collier, County, Florida,
to amend the Comprehensive Zoning Regulations for the
Unincorporporated Area of the Coastal Area Planning District
of Collier County, Florida, as hereinafter described.
NOW, THEREFORE. BY IT ORDAINED BY THE BOARD OF COUNTY
CO~.IISSIONER OF COLLIER COUNTY FLORIDA:
SECTION ONE:
1. Th~ Comprehensive Zoning Regulations for the
unincorporated area of The Coastal Area Planning District
of Collier County, Florida and Ordinance No. 74-42 and
Ordiance No. 75-24 is amended as hereinafter d.escribed
Amend Table of Contents
Add to page ii, under definitions: Commercial Vehicle 9
Add to page iii, under definitions: Cooking Facilities 9
Add to page iv, under definitions: Guest House 13
Amend Section 3 Definitions add the following:
Add to page 9
Commercial Vehicle: Any vehicle that has rated load
capacity of on~ ton or more and is' used in conjunction with
a commercial or business activity.
Add to page 9
Cooking Facilities: Facilities for the day-to-day storage;
cleansing and preparation of food and shall include but not
be limited to: a stove, a refrigerator, and a sink. Where
these facilities are all built into one unit by the manufacturer,
or where they constitute less than sixteen (16) square feet of
floor area, they shall not be considered a cooking facilities.
Change page 10 to read as follows:
Density{ Gross Residential: Gross residential density
means the number'of residential dwelling units permitted per
gross acre of land by this zoning ordinance. In the determi-
nation of the number of residental dwelling units to be
permitted on a specific lot or parcel of land, a fractional
unit shall not entitle the applicant to an additional dwelling
unit; and
Density, Net Residential: Net residential density means
the number of residential dwelling units permitted per net
acre of land by this zoning ordinance. In the determination
of the number of residential dwelling units to be permitted
on a specific lot 6r parcel of land, a fractional unit shall
not entitle the applicant to an additional dwelling unit.
Add to page 13
Guest tlouse: An accessory dwelling unit which might or
might not incl'ude cooking facilities, which is incorporated in,
attached to, or detached from a principal dwelling; and which
is used exclusively for the non-commercial accommodation of
friends or relatives of the occupant or owner of the principal
dwelling.
Amend Section 8 Supplementary District Regulations
Paragraph 2 as follows:
2. Locate. on of Accessor~ Structures. Accessory structures
must
be
~onstructed s'imultaneously with or following the
construction of the principal structure, and shall conform
with the following setbacks and building ~eparations:
ACCESSORY STRUCTURES
(Detached)
1. Parking Garage-
Single Family
2. Parking Structures
RM-1 Story
6e
Parking Structures
]~ Multi-Story
FRONT REAR SIDE
STRUCTURE TO
STRUCTURE
SPS 10' 15' 10'
35' 35' SPS
35' 35' SPS
15' SPS
Swimming Pool-
RS and Duplex SPS
Attached o~ Detached
35' 30' 15'
Swimming Pool-
RM & Commercial
'SPS SPS
Tennis Courts~
Private RS & Duplex SPS
35' 35' SPS
Tennis Courts-
RM & Commercial
10'
*1/1
N
N
15'
20'
8. Boat }louses
(Private) SPS NA 10'
9. Docks NA NA 10'
10. Utility Buildkngs SPS 10' 10'
11. Davits NA NA SPS
12. Attached Screen
Porch RS-1,2,3, NA SPS-10' SPS SPS
13. Attached Screen
Porch RS-4
10'
10'
10'
SPS
14. Unlisted Acc.
NA SPS-5' SPS SPS
SPS SPS SPS SPS
N=None SPS=Calculated same as
NA=Not Applicable Principal Structure.
* 1/1=1 foot of accessory
height=l foot of
building
Amend Section 8, Supplementary 'District Regulations
.Paragraph 10 to read as follows:
10. Essential services are hereby defined to include and
be limited to water, sewer, gas, telephone, cable television,
telephone and electrical distribution systems and lines as well
as sub-stations, lift stations, and similar installations
necessary for the performance of these services.
The followinQ shall be permitted as provisional uses in
any z~ning district:
Electric or gas generating plants, electric transmission
lines, sewage treatment plants, water pumptR~ qr. water aeration
- . '
or treatment plant, cable vision reception tower and accompanying
structures, and similar facilities. This sub-section shall not
be deemed to include the erection of structures for con%mercial
activities such as sales or the collection of bills in districts
from which such activities would otherwise be barred, nor shall
this provision permit any facility,.requiring the storage of
automotive vehicles overnight.
Un~er.this Sub-section, where structures are involved other
than lines or cables, such structures shall conform.insofar
as possible to the character of the district in which they are
located as to architecture and landscaping, with utilization
of screening and buffering compatible with the district.
Unless listed as a provisional use, all essential services
shall be considered permitted uses in any district.
Amend Section 8, Supplementary District Regulations by
adding Paragraph 22 as follows:
22. Guest House: No guest accommodation facility which
is accessory to a si'ngle family dwelling, whether a free
standing guest house or guest accommodations which are
structurally integrated with th~ m~in dwelling, may be
utilized for commercial purposes. Leasing or renting a guest
accommodation fccility shall constitute a violation of the
Zoning Ordinance. Similarly, if a main residence is leased
or rented, a guest accommodation facility accessory to it may
not be occupied by the property owner, since that would
constitute the unlawful utilization of single family zoned
property for two family dwelling purposes. Guest houses
which are physically separate from the main residence to which
they are accessory shall not be constructed on lots which are
smaller than 43,560 square feet in area nor shall a guest
house be larger than 40% of the size of the principal dwelling.
Detached guest houses shall not be closer than 20 feet to
the p~incipal dwelling.
Amend Section 9 Special Re~ulations...for.(sT) ~.reas
of Environmental" Sensitivity; by changing ParagraPh
5B to r~ as follows~
...... 5. Transfer of Residential Density Credit:
B. ~e transfer must be'to land hav~----~-ng at least.one
point of contiguity with the land designated "ST" (For the
purpose of this section, intervening public or private streets,
easements or railroad rights of way do not prevent properties
from being contiguous provided such lands would have one point
of contiguity were it not for the fact that they are physically
separated by such intervening public or private streets,
easements or railroad rights of way).
Amend.Sectlon. 9 Special Regulations for (ST) Areas
of Environmental Sensitivity by changing Paragraph
~ Procedure. and Standards for Development of "ST"
Lahd of Less than Ten Acres. not involve, n9 Density
~-~ansfer as follows:
F. The proposed development will not require any major
alternation of modification of the existing land forms,
drainage, or flora or fauna on the site.
Amend Section 11 ~pecial District For (GH)..Gro.u~
Housing by changing Paragraph 1 to read as follows:
1. Intent and Purpose: This section is intended to
apply as ah overlay ~z~str~c~--~for areas zoned residential at
the time of application for GH where flexibility in lot si~e.,
setback and height will provide for a better siting of structures,
produce more usable open space, produce innovation in design
and construction than might otherwise result under the standards
of the district to which it is applied. This shall be done through
an adopted plan of development set out in 4. No "GH"
zoning classification shall effect an increase in the number
of dwelling units allowed by the base zoning classification.
and Paragraph 3 to read as follows:
3. Uses Permitted: The "GH" classification allows those
permitted or provisional uses of the basic zoning classification
of the specific parcel, provided that in RS district lands
with "GH" overlay may include cjuster and town houses in the
"GH" development.
and Paragraph 4 to read as follows:
4. Procedure and Approval:
A. General: ShoUld a parcel of land carry a "GH"
overlay district designation at the time of the adoption of
the regulations, approval of a development plan in accordance
with Section 29 is required prior to beginning any construction.
An applicant having land that does not have a GH overlay
designation and desiring to develop a group housing project
must submit his development plan as a part of his applica-
tion for rezoning.
Amend Section 15. Non-Conforming Lots, Non-Comforming
Uses of Land and Water, Non-Conforming Structures,
Don-C01{forminq Uses 'of Structures and Permises, and
Non-Conforming Characteristics 'of Uses, amend Paragraph
2 N0n-Conf'orming Lots of Record to read as follows:
~ 2. Non-Conforming Lots of Record: In any district in
which single family dwellings are permitted, a single family
dwelling and customay accessory buildings may be erected,
expanded, or altered on any singlo lot record at the
effective date of this zoning ordinance, notwithstanding
limitations imposed by other provisions of this ordiance.
This provision shall apply even though such lot fails to meet
the requirements for lot area or lot width, or both, that are
generally applicable in the district, provided that yard
dimensions and other requirements other than those applying
to lot area or lot width, or both of the lot shall conform
to the regulations for the district in which such lot is
located. Variance of yard requirements shall be obtained only
through appeal from the Director t~ the Board of Zoning
Appeals.
In any multi-family or RT district, multi-family dwellings
or transiet units and their customary accessory buildings may
be erected, expanded or altered on any single lot of record at
limitations imposed by other provisions of this ordinace.
This provision shall apply even though such lot fails to meet
generally applicable in the district, provided that yard
dimensions and other requirements other than those than'
those applying to lot area or lot width or both, of the lot
shall conform to the regulations for the district in which
such lot is located. Variance of yard requirements shall be
obtained only through appeal from the Director to the Board of
Zoning Appeals.
Amend Section 15, Non-Conformin~ Lots~ Non-Conforming
Structures~ Non-Co~fbrmin~ Uses of S'tructures and'
~remises,. and Non-Conform~n~ Characteristics. of Uses.
Section 3, Non-Conforming Uses of Lands or Waters (Of
Land With M}.nor Structures Only), by adding Paragrap~
F to read as follows:
.F. Non-Conformities not Involving the Use 'of a Princi~91
Structure: N0~-conformities not '~nvolving the use of a --
i~£incipal structure, including but not limited to, open
storage, building supplies, vehicles, mobile homes, trailers,
implement and machinery storage, Junk yard, commercial
animal yards and thc like, shall be discontinued with;:: one
(1) year of the effective date of %his ordiance or amendment.
Amend Section 18. Offstreet Parking and Offstreet
~oadin_~ by Changing Paragraph 14 to read as fo~ows:
14. Offstreet Parking: Non-Conforming Use: Where the
required o~fst~eet ~arkin~ ~ak~s a use non-conforming, no
major alteration, repair or extension of that use may take
place until such time as additional parking is s%~pplied
which will make the total use in conformance with these
requirements.
Amend Section 18. Offstreet Parking:.. Required Amounts.
Paragraph 15 to read as follows:
15. Offstreet Parking: Required Amounts. Offstreet
parking requirements are a~ follows:
Single Family Dwelling:
RM-t, RM-1A Multiple
Family Dwellings
RM-2 ~ultiple Family
Dwelling
Town or Row house:
Mobile Home Park, Sub-
division:
1 Space within the building setback
line.
Two (2) spaces per dwelling unit
One and one-half(1½) spaces per
dwelling unit
Two '(2) .spaces for each dwelling
unit
See Section 13.28 & 13.29
Motel, hotel:
Hospitals:
Nursing home, home
for the aged, con-
va]escent home:
House of worship:
Funeral Home:
Stadium, Sports Arena,
Theater, or other place
of public assembly other
than those listed else-
where:
One and one half (1½) spaces per
unit for the first one hundred (100)
units plus one (1) space for each
ad~itional unit thereafter.
Two (2) spaces per patient bed.
One space per two (2) beds
One space for each two (2] sea~s in
chapel or auditorium
One space for each two (2) seats
in rooms for services or Chap~.
One space for each three (3) seats,
or on~' (1) space per forty (40)
square feet of the gross floor
.area whichever is greater.
Ele,nentary or Junior
High School:
Senior High School:
Medical, Dental Office:
Other Professional or
Business Office:
Restaurant (other than
Drive-In), Bar, Night
Club:
Restaurants (Drive-In),
Fast food service, etc.:
Agricultural Uses:
Child Care Center,
Day Nursery, Kindergarten:
Private Clubs, or
Lodges:
Nurses'Home, Convent~
Monastery:
Gol~ or Country Club;
Yacht Club, Tennis or
Racquet Club:
~¢o (2) spaces for each Classroom
9r office room, plus one space for
each 150 square feet of seating
area (including aisles) in any
auditorium, gymnasium, or cafetorium
intended to be used as a place of
assembly, but where seating is not
permanently fixed. Permanently fixed
seating shall be as for stadium,
etc. above
As for elementary and Junior high
schools except seven (7) spaces
for each classroom or office room.
One space for each doctor, nurse,
or employee, plus two (2) spaces
for eac~consultation, practice
and/or examining room.
One space per 150 square feet
of grss floor area for the first
3,000 square feet and one (1) space
for each additional 250 square feet
of gross floor area above 3,000
square feet.
One (1) space per seventy (70)
square feet of the gross floor
area~.
One .(1) space per thirty (30)
square feet of the gross floor
area.
Unrestricted, except no offstreet
parking or loading shall be on
public rights of way.
Two (2) spaces for each employee
plus adequate provision for loading
and unloading children off tke
street during peak hours.
One (1) space for each three (3)
seats or one space for each
250 square feet of gross floor
area, whichever is greater.
One (1) space for each four (4)
lodging units.
One space for each two (2) seats
in public rooms, or one space for
each 200 feet of gross floor area
in club house, whichever is
greater.
Library, ComMunity
Center, or Recreation
Facility (not o?herwise
listed):
One space of each 200 square feet
of gross floor area, or one space
for each three (3) seats, whichever
is greater.
Marina:
Two' (2) spaces for each three (3)
boat slips or moorings.
Dance, Art, Music
Studio:
One space for each 300 square feet
of gross'floor area.
Art Gallery or Museum:
One space for each 250 square feet
of floor area open to the public.
Retail shops, stores,
department stores, and other
un-listed commercial uses:
One (1) space per 250 square feet
or any part thereof of the gross
floor area for the first 10,000
square feet and one (1) space
per every additional 400 square
feet or any part thereof thereafter.
Banks and Financial
Institutions:
Bowl'i ng Alley:
As required under professional or
business offices, provided any
bank or financial institution
providing drive-in facilities must
have approval of a site and
devglopment plan under Section 39.8.
Five (5) spaces for each alley.
Wholesale, Warehouse, or
Storage Establishments:
There shall be provided three
parking spaces for the first
2500 square feet of floor area
and one parking space for each
additional 1000 square feet or
any part thereof of floor area.
In ~o event shall there be fewer
than three spaces provided per use.
Industrial Activity
(not otherwise listed):
Provide one parking space (exclusive
of service roads, entrances and
exits) for each 1000 square feet
of the gross floor area in the
building up to 10,000 square feet,
and then one parking space for
each 2,000 square feet of gross
floor area thereafter, or one
parking space for each two
anticipated employees, which-
ever requires the greater number
of parking spaces. If retail
sales are conducted in connection
with such industrial use, additional
offstreet parking shall be provided
as required by the provisions hereof
relating to such commercial uses.
~' The Portion of the structure allocated
'~ '"' ~ for retail sales shall be used as a
· .~ v ~, ~,~i~~i!~ .. ...... . ~ basis for determining the additional
Temporary Parking for
Sports Events:
Outdoor Recreational
Facilities:
New and Used Car
Sales:
offstreet parking to be provided.
In no event shall there be fewer
than five (5) parking spaces
provided per building.
In the case of a stadium or other
sporting facility which operates
on a seasonal basis, the required
offstreet parking may be provided
on a temporary basis and need not
be permanently designated, paved,
drained, or landscaped provided
use has been approved and issued
by the Director.
Other outdoor recreational facilities
not otherwise covered herein, shall
requira one parking space for each
two anti6ipated participants, as may
be determined by the Director. In no
event shall there by fewer than five
spaces provided per facility.
Provide 10 parking spaces, plus one
space for each 200 square feet of
office and principal showroom space,
plus one space for each 1000 square
feet of repair and maintenance
space, none which may be used for
merchandise inventory parking..In
no event shall there be less than one
space for each 10,000 square feet of
gross land area.
Amend Section 20. Signs Paragraph 7.A to read as follows:
7. District Re~ulations: .
h. Sign in E-Estates~~ S~n~le Fami'ly~' M~lti"Famil¥'~
MHSD, MHRP, and TTRV Districts.
(1) Maximum Height - Twelve (12) feet
(2) One (1) class "~" on each major entrance to
development or two (2) dlass "C" on each major entrance. (a) Free Standing
(b) Entrance or gate sign
(3) One Class "D" per non-conforming use
(a) Wall
(4) One Class "E" on-premise sign per non-residential
permitted use.
(5) One Class "C" wall sign advertising only the
name of a Multifamily residential building.
Amend Section 20 SIGNS by adding Paragraph 7 Subparagraph D
to read as follows:
D. Sisns in PC and GRC Districts
~(1) One Class "H" on-premise sign per business (No max. height)
(A) Wall
(B) Marguee (Max. projection Six (6) inches)
Amend Section 20 Signs Paragraph 7.F to read as follows:
F. ~i~n i~ GC - Golf Course District.
(1) Maximum Height - Twelve (12) feet
(2) One Class "B" on-premise sign or two (2) class "C"
On-premise sign at the entrance. (a) wall
(b) Gate i
(c) Free standing"
Amend Section 21. RS-Re~identi~l~ Single Family Paragraph
2 Permitted Uses and Structures to read as follows:
2. Permitted Uses and Structures. 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. Permitted Principal Uses and Structures.
]].) Single family dwellings.
(2) Public parks, public playgrounds,
public playfields and commonly owned open space.
n. Permitted Accessory uses and Structures.
'il) Private boat houses and'docks~ wi'6h or
without boat hoists, on canal or waterway lots, not
proprotruding more than five (5) feet into the canal or
waterway; except if such canal or waterway has a width
of one hundred (100) feet or more, the dock may protrude
way, providing, however that no boat or boat house is
used as a residence.
(2) Customary accessory uses and structures,
including private garages.
(3) Signs as permitted in Section 20.
(4) A model home shalI be permitted in a
residential zoned district in conjunction with the promotion
of a residential development. Such model home shall be
permitted for a period of two (2) years. A model home in a
esidential zoned district shall be converted 5o a residence
at the end of the two (2) year period.
(5) Guest house (also uee section 8.22, page
47 - Supp].ementary District Regulations}.
Amend Section 21 R~-Resident~al, Single Family Paragraph
C RS-3 ~o read as follows:
(1) Minimum lot area requirement - 10,000
square feet.
(2) Minimum Lot ~idth:
(a) Corner lots - Ninety-five (95)
fett as measured at the front yard setback line.
(b) Interior lots - Eighty (80)
feet as measured at the front yard setback line.
(3) Minimum yard requirements:
(a) Depth of front yard - Thirty (30)
feet.
.(b) Depth of side yard - 7% feet one story,
10 feet two storle~.
(c) Depth of rear yard - twenty five (25)
feet.
(d) Corner lots - On lots which abut
on more than one street the front yard shall be considered
to be those yards which.abut.on'the streets and the
remaining yards shall be considered to be side yards.
(e) See Section 8.2 for accessory structure
setbacks.
(4) Minimum floor area of'principal structure
(a) one story - 1,000 square feet
(b) two story - 1,200 square feet
(5) Maximum height of structure: Thirty (30)
feet above the finished grade of the lot. Accessory buildings
limited to twenty (20) feet above the finished grade of the lot.
(6) Minimum off-street parking~ See Section 18,
Amend :.Section 22 RM-1 Residential Multi-Family District. '
by changing .Pa__r,.~graph 2 Permit'ted Uses and Structures..to read
as follows:
I. ~-1 Residential Multi-Family District:
1. District Purpose. The provisions of this district
are intende~ to apply to an area of multi-family residences
having a low profile silhouette and surrounded by open space
and being so situated that it is well served by public and
commercial services and has direct or convenient access to
thoroughfares and collector streets. It is intended to
utilize this district to implement the Comprehensive Plan by
providing RM-1 dwelling accomodations in accordance with
the policies and objectives of the Comprehensive Plan.
2. Permitted Uses and Structures. No building or
structure, or part thereof, shall be erected, altered br
used, or land or water used, in whole or in part for other
than the following:
A. ~ermitted Principal Uses and Structures:
(1) Residential buildings containing not less
than two (2) dwelling units.
B. Permitted Accessory Uses and Structures:
'('1) Customary accessory uses and structures.
(2) Signs as permitted in Section 20 of this
Ordinance.
(3) Non-commercial boat launching facilities
and multiple docking facilities.
(4) Private boat houses and docks, with or
without boat hoists, on canal or waterway lots, not
protruding more than five (5) feet into the canal or
waterway; except if such canal or waterway has a width
of one hundred (100) feet or more,, the dock may protrude
not more than twenty (20) feet into such canal or waterway,
providing, however, that no boat or boat house is used as
a residence.
C. Provisional Uses and Structures: The following
uses may be permitted subject to the provisions of section
14 of this OrdinancQ as follows~
(1) Churches,schools and child care centers.
(2) Civic and cultural facilities.
(3) Recreational clubs intunded to serve the
surrounding residential area.
Amend Section 22 RM-1 Residential Multi-Family District
by changing Paragraph ~I RM-1A Residential Multi'-Famil~
District Paragraph 2 to r~ad as f6110ws:
2. Permitted Uses and Structures: 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 tho following:
A. Permitted Principal' UseS' and Structures:
'(1) Single family dwellings in accordance with the
provisions of the RS-4 District.
(2) Multi-family dwellings in accordance with the
provisions of the P~-i district, provided that non-confo~ing
lots of record need 6,500 square feet for each multi-family'
dwelling unit.
B. Permitted Accessory Use~ an'd structures:
'(1) Customary uses and structures.
(2) Signs as permitted in Section 20.
C. Provisional Uses and StrUctures: The following uses may
be permitted subject to the provisions of Sections 14 and 22I.
of this ordinance as follows:
(1) Churches, schools and child care centers.
(2) Civic and cultural facilit~es.
(3) Recreational clubs intended to serve the ~urrounding
residential area, ., ~'{~%~})~%~<~.~ . . ~. ~, ·
Amend Section 23 I~-2 Residential Multi-Family District
by changing Paragraph 2 to read as fo'llows:
2. Permitted Uses and Structures. No building or structure,
or part thereof, shall be erected, a~tered, or used, or land or
water used, in whole or in part, for other than the following:
A. permitted Principal Uses and Structures:
(1) Multi-unit dwellings.
B. Permitted Accessory U~es and Structures:
'(1) Customary accessory 'uses and structures.
(2) Signs as permitted in Section 20 of this
Ordinance.
(3) A model home shall be permitted in a residential
zoned district in.conjunction with the promotion of a residential
development. Such model home shall be permitted for a period
of two (2) years. A model home in a residential zoned district
shall be converted to a residence at the end of the two (2)
year period.
(4) Non-commercial boat launching facilities and
multiple docking facilities.
(5) Private boat houses and docks, with or..~i%hout
boat hoists, on canal or waterway lots, not protruding more than
five (5) fett into the canal or waterway~ except if such canal
or waterway has a width of one hundred (100) feet or more, the
dock may protrude not more than twenty (20) feet into such
canal or waterway, providing, however, that no boat or boat
house is used as a residence.
C. Provisional Uses and Structures: The following
uses may be permitted subject to the provisions of Section
14 of this Ordinance.
(1) Churches including child care centers.
(2) Child Care centers.
(3) Educational faciliti~s exclusive of colleges
and universities.
(4) Civic and cultural facilities.
(5) Recreational clubs..
Amend Section 24 (PUD) Planned Unit Development District
by adding Subsection O to Paragraph'6 Deviation"from
~pecific requirements~ l~mitations and standards to read
as follow6:
O. Deviations from specific requirements~ limitations~ and
~tandards:
When, in the opinion of the Coasta~ Area Planning Commission,
unusual conditions exist, they may recommend to the Board
of County Commissioners and the Board may approve the
waiving of terrain portions of the above standards,
limitations and requirements.
Amend Section 25 RT-ResideHtial Tourist District by
changing Paragraph 2 to read as follows:
2. Permitted Uses and Structures: 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. Permitted Principal Uses and Structures:
'(1) Multi-family dwellings.
(2) Hotels, motels, apartment hotels.
B. Permitted Accessory Uses and Structures:
~1) Customary accessory uses and structures.
(2) Non-commercial boat'launching facilities
and multiple docking facilities.
(3) Recreational blubs intended to serve the surrounding
residential area.
(4) Shops, personal service establishments, eating
or drinking establishments, dancing and staged entertainment
· facilities, meeting rooms and auditoriums, which such uses
are an integral part of an apartment hotel, hotel or motel
subject to tho progisions of Sections 8.12 and 18 of this
ordinance.
'~ ~ .... ~" '~'~ ~' ~' "' i".:--' '
{5) Private boat houses and docks, with or without
boat hoists, on canal or waterway lots, not protruding more than
five (5) feet into the canal or waterway; except if such canal
or wuterway has a width of one hundred (100; feet or more, the
dock may protrude not more than twenty (20] feet into such canal
or waterway, provindg, however, that no boat or boat house is
used as a residence.
C. Permitted Provisional Uses and Structures:
The following uses may be permitted subject to the provisions
of Section 14 as follows:
(1) Churches and other places of worship.
(2) Marinas.
(3) Fraternal and social clubs, ~ubject to the
provisions of Section 8.12 of this ordinance.
Amend Section 28. MHSD - Mobile Homes Subdivision
District.by changing Paragraph 2 to read as
follows:
2. Permitted Uses and Structures. No building or structure,
or part thereof, shall be recked, altered or used, or land or
water used, in whole or in part, for other than the following:
A. Principal Uses.
(1) Mobile Hom'es.
B. Accessory Uses. Accessory uses and structures customarily
associated with mobile home development,such as r~creat~.on facilitY, es,
administration buildings, service buildings, utilities, and additions
which compliment the mobile homes.
Private boat houses and docks, with or without boat hoists, on
canal or waterway lots, not protruding more than five (5) feet
into the' canal or waterway; except if such canal or waterway
has a width of one hundred (100) feet or more, the dock may
protrude nor more than twenty (20) feet into such canal or
waterway, providing, h6wever, that no boat or boat house is used
as a residence.
C. Provisional Uses: The following uses may be permitted
subject to t~e provisions' ~ Section 14 of this Ordinance:
(1) Marinas, country clubs, yacht clubs.
(2) Civic and cultural facilities.
(3) Churches and other places of worship.
Amend Section 29 MHRP-Mobile.}Iome Rental Park by changing
Section 2.B to re~d a's follows:
B. Permitted Accessory Uses and Structures. Accessory
uses and structures and customarily ~'ssoci'ated with mobile home
parks, including patios, recreation facilities, administration
buildings, service_buildings, and utilities.
Private boat houses and docks, with or without boat hoists on
canal or waterway lots, not protruding more than five (5) feet
into the canal or waterwat; except if such canal or waterway
h3s a width of one hundred (100) feet or more, the dock may
protrude not more than twenty (20) feet into such canal or
waterway, providing, however, that no boat or boat house is
used as a residence.
Amend Section 34 GRC General Retail Commercial by
changing Paragraph 2.A P6'~'~itted Principal Uses
and Struct%,res (35) tg ~oad as follows:
(35) Garden supply stores - outside display in rear
and adding principle uses (95I,(96),(97)
and (98) to read as follows:
~95) Drapery shops
(96) Upholstery shops
(97) Bait and tackle shops
(98) Any other commercial use or professional service which
is comparable in nature with the foregoing uses and which
the Director determines to be compatible in tbg. district.
Amend Section 34 GRC General Retail Commercial
Paragraph 2.B Per~i'tted Accessory Uses and
Structures to read as follows:
B. Permitted Accessory Uses and Structures:
Accessory uses and structures customarily associated with
the uses and structures customarily associated with the uses
permitted in 'this district.
Private boat ]louses and docks, with or without boat hoists,
on canal or waterway lots, not protruding more than five (5)
feet into the canal or waterway; except if such canal or waterway
has a width of one hundred (100) feet or more, the dock may
protrude not more than twenty (20) feet into such canal or
waterway, providing, however, that no boat or boat houses is
used as a residence.
Amend'Section 34 GRC General Retail Commercial Paragraph
2.C Permitted Provisional Uses and Structures to read
as follows:
C. Permitted Provisional Uses and Structures.
The following uses may be permitted subject to provisions of Section
14 of this Ordinance:
(1) Shopping Centers - More than 25,000 square feet gross
floor area on ground floor.
(2) Commercial Recreation - Outdoor.
(3) Drive-In Theatres.
(4) Car Wash
(5)' Residence in conjunction with business.
(6) Child Care Center.
Amend Section 35 CI Commercial' Industrial' District:
by changing paragraph 2.C Provisional Uses to read
as follows:
C. Provisional Uses: The following uses may be permitted
subject to provisions of Section 14 of this Ordinance.
(1) Commercial Fisheries.
(2) Outside Kenneling.
Amen,: :;~.¢~ion ]6 £-£ndustrL:~i Oi~trict by Chdn~$ing
Paragraph 2.C (2) Processihg to read as follows:
(2) Processing: Involving the following: nitration of
cotton or other materials, magnesium foundry, reduction,
refining, smelting of metal or metal ores, refining of
petroleum products and by-products; curing or tanning
of raw, green or salted hides of skins; melting and
alloying of metals; stockyards, junkyards, slaughter
houses, slag piles, and storage of fireworks or
explosives, and automobile wrecking.
Amend Section 37 A-A~ricultural District Paragraph
2.A Permitted Principal Uses to read as follows:
?. Permitted Uses and Structures: No building or
structure, or part ~hereof, shall be"erected, altered
or used, or land or water used~ in whole or in part,
for other than the followings
A. Permitted Principal Uses:
~(1) Single Family Residence excluding mobile
homes except as permitted in 2B(2) and 2B(3).
(2) Hunting cabin subject to all building
codes and permits.
(3) Wildlife management areas, plant and wildlife
conservancies, refuges and sanctuaries.
(4) Agricultural activities, much as field crops,
horticulture, fruit and nut production, forestry,ranching,
bee-keeping, poultry and egg production, milk production,
animal breeding, raising, training, stabling or kenneling.
(5) Aquaculture and mariculture.
(6) Any use clearly intended as a measure for
conservation. The applicant shall have the affirmative
burden of establishing such intent.
(7) Wholesale plant nurseries.
(8) On-site retail sales of farm produce grown
on the premises.
Amend Section 37 A-A~ricultural' District by changing
paragraph 2.B Permitted Accessor~ Uses and Structures
to read as fol~0ws:
B. Permitted Accessory Uses and Structures.
(1)' Accessory uses and structures which are incidental
to and customarily associated with uses permitted in this
District.
(2) A mobile home or trailer, used in connection with
the agricultural uses is permitted on a temporary basis
only, not to exceed the duration of the agricultural use
for which the mobile home is permitted or for three (3) years,
whichever shall be the shorter, providing that a permit for
such temporary use is obtained from the Director, and further
providing that the applicant is utilizing, for such agricultural
use a tract of ten (10) acres or more, except that part
lying in public road r~ghts-of-way. Such mobile homes or
trailers shall not be located closer than one hundred (100}
feet from any County highway line, two hundred (200} feet
from any State highway right-of-way, or five hundred (500)
feet from any Federal highway right-of-way line.
The mobile home must be removed at the termination
of the permitted period.
(3} Mobile home or trailer as a temporary residence
while permanent residence is being constructed. Upon
issuance of a building permit for the construction of a
permanent residence, the Director may issue a permit for
the temporary use of a mobile home or tra~ler while
permanent residence is being built. The duration of
such permit shall be determined by the Director but in
no case may it extend beyond the expiration date of the
building permit or the completion of the residence,
which-ever is the sooner.~ ~, ! :'~c??/~"~'?,' ~..~,~ ''. ~'7~ i '.
Prior to the issuance of a final certificate of
occupancy, the mobile home or trailer must be removed
from the premises.
(4) Private boat houses and docks, ~,~.th ~,.~ without
boat hoists, on canal or waterway lots, not protruding more
than five (5) feet into the canal or waterway; except if
such canal or waterway has a width of one hundred (100)
feet or more, the dock may protrude not more than twenty (20)
feet into such canal or waterway, providing, however, that
no boat or boat house is used as a residence.
Amend Section 37 A-A~ricultural District paragraph
2.C Provisional Uses and Structures by changing
to read as follows:
C. Provisional Uses ahd Structures.
'(1) Oil and gas exploration and extraction and
related processing and production.
(2) Earth Mining and related processing.
(3) Churches and places of worship.
(4) Private landing strips for general aviation.
(5) Sawmills,provided that no sawmill shall be
located closer than 1,000 feet from any County, State,
or Federal property or highway right-of-way. (6) Cemeteries.
(7) Sport race tracks and arenas.
(8) Zoo,aquarium,aviary,botanical garden,or other
slmiliar uses.
~end Section 48 Amendments Paragraph 6 and 6.A
by changing to reed as follows:
6. When pertaining to rezoning amendments of this
zoning ordinance, the Planning Commission shall determine
that adequate community facilities and services are
available. To determine this, the Official Land Use
Guide and/or the Rating System shall be used.
Residential Rezone Petition: A petition requesting a density
Qithin the range set forth on the Official Land Use Guide
shall be considered as having adequate community facilities
and services.
A petition requesting a density greater than the range set
forth on the Official Land Use Guide shall be graded by all
the portions of the rating system. Any petition receiving
31 points shall be considered as having adequate community
f-~ilities and services and shall not be considered as leap
frog ~rowth.
Commercial or Industrial Rezone Petitions: A petition to rezone
land to commercial or industrial shall be graded to determine
adequate community facilities and services by the following
portions of the rating system; Water,sewer,streets and
highways,drainage,environmental compatibility and fire.
Any petition receiving 26 points shall be considered as
having adequate communi~ facilities and services.
A Non-Commercial, Non-Industrial, Non-Residential Rezone Petition:
A petition to rezone land to a use which is non-commercial, non-
industrial, and non-residential,such as a civic or fraternal
club, may be granted a waiver for certain portions of the
rating system by the Director. In granting such a waiver,
the Director must enumerate the reasons why certain.portions
of the rating system are not applicable. The enumeration
should clearly show that the impact of the requested zone
would not require the same extent or degree of facilities
and services as would be normally required for any other
rezone petition.
- -
;~TING SYSTEM FOR DETERMING AVAILABILITY
OF ADEQUATE EXISTING CO:~IUNITY FACILITIES AND SERVICES.
Water
(1) Municipal or County System
(2) Franchised Systems and Special
Districts under County Control
(3) Private Central System
(4) Private Well
(5) Other
Sewer
(1) Municipal or County System or
Private System with Plant and
Collection System Dedicated to
County
(2) Franshised Systems and Special
Districts l~nder County Control
(3) Private Systems with Collection
Systems only Dedicated to County
(4) Private System
(5) Acceptable Septic Systems
(6) Other
Streets and Highways
Proximity to Existing Arterial as show~ on
Master Circulation Plan, Figure 8
(1) Oirect Access
(2) Within ½ Mile of Artorial via
an Approved Connector
(3) Within 1 Mile of Arterial
(4) Over 1 Mile of Arterial
Drainage
(1) Approved by Water Management
Advisory Board
(2) Not approved by Water Management
Advisory Board
Environmental Compatibility
(1) Approved by Environmental
Advisory Council
(2) Not approved by Environmental
Advisory Council
5 points
points
points
point
Points
5 Points
4 Points
Points
Points
Point
Points
5 Points
3 Points
1 Point
0 Points
5 Points
0 Points
5 Points
0 Points
Fire
(1) Within Fire District and within
2 Miles of Firehouse
(2) Within Fire District and between
2 and 3 miles of Firehouse
(3) Within Fire District and over
3 Miles of Firehouse
(4) Other
Existing Community Park*, or Recrea-
tional facility in Conjunction with
Public Schools.
(1) Within 1 Mile with bicycle path
sidewalks
(2) ~;ithin 1 Mile without bicycle
path or sidewalks
(3) From 1 to 2 Miles with bicycle
path or sidewalk
(4) Other
* For Definition See Page 189
Elementary School
(1) Within 1 Mile of Existing
School with Bicycle Path or
Sidewalk
(2) Within 1 Mile of Existing
school without bicycle path
or sidewalk
(3) Within 1 Mile of Existing
School Site with bicycle
path or Sidewalk
(4) From 1 to 2 Miles of Existing
School without Bicycle Path
of Sidewalk
(5) From 1 to 2 Miles of Existing
School without Bicycle Path
or Sidewalk
(6) From 1 to 2 Miles of Existing
School Site with Bicycle Path
or Sidewalk
(7) Other
5 Points
3 Point
1 Point
0 Points
3 points
2 Points
1 Point
0 Points
5 Points
4 Points
3 Points
3 PO~nts
2Points
2 Points
0 Points
Mosquito Control
(1) Adjacent to existing spray area
(2) Within existing Mosquito'District
but not adjacent to existing spray
area
2 Points
1 Point
The Petitioner may provide ail required existing community
facilities and services for the requested rezone needs in
any one of the following manners:
(1) Petition for a rezone at such time as all required
adequate existing community facilities and services have
been provided at public expense according to the Capit~l
Improvement Plan,or,
(2) Petition for a rezone at such time as all required
existing community facilities and services have been
provided at the private expense of the petitioner, or,
(3) Post a surety in lieu of completed improvements to
guarantee that all of the required (existing) community
facilities and services will be provided.
(4) Other acceptable to BCC.
RATING SYSTEM WITH RESPECT TO PLANNED UNIT
DEVELOPMENT (PUD) DISTRICT.
In the case of an application for a rezone to a
Planned Unit.Development (PUD) District, the Planning
Commission may recommend to the Board of County Commissioners
waivers to the rating system requirements, if in their
determination, such waivers will encourage a PUD development
which is in accordance with the policies and objectives of
the Comprehensive Plan in all other respects.
B. The need and Jus~ification for the change;
C. The relationship of the proposed amendment to the
purposes and objectives of the County's comprehensive
Plan, with appropriate consideration as to whether the
proposed change will further the purposes of this zoning
ordinance and other County codes, regulations, and actions
designed to implement the Comprehensive Plan.
* Community Parks:
Size: 10 to 50 Acres (10 Acre Minimum).
Standard: 2.5 Acres per 1,000 persons.
Primary User Group: Above 12 years.
Normal Location: Adjacent to a school.
User mode of transportation: "Bike-to", "Drive-to" park.
Main Activity: Playground, ball fields, tennis courts,etc.
SECTION TWO:
Conflict,Severance~Construction and Penalty:
In the event this Ordinance conflicts with other applicable
law, the more restrictive shall' apply. If any part of this
Ordinance conflicts with any part, it shall be severed and
the remainder shall have full force and effect and be
liberally construed.
If any section, subsection, sentence, clause, 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
tho validity of the remaining portion thereof.
The provi~ions of this Ordinance shall be deemed an exercise
of the police power of Collier County for the protection of the
public health,safety and welfare and therefore shall be liberally
construed to accomplish that purpose and implement the
.legislative intent and declaration.
If such a violation is continuing, each day's violation
or separate act shall be a separate offense.
Effective Date: This Ordinance shal~ ta~e effect upon receipt
of notic~ frOM the Secretary of State that this Ordinance has
been filed with the Secretary of State.
Dated: August 26. 1975
ATTEST:
MARGARET T. SCOTT
Clerk of Circuit Court
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Ste~en G, Mi~chell'~ Chairman
Approved as to form and legality:
David Emerson Brunet
Collier County Attorney