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Ordinance 73-08(Dxc~) S~o~ STATE: e re arl! of tate I, TA?I: OF FLOII~tDA THC CAPITO1 0..4 June 1, 1973 Mr. Ben D. Driver Fiscal Officer Board of County Commissioners Collier County Naples, Florida 33940 Dear Mr. Driver: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of May 31, the original and an official copy of Collier County Emergency Ordinance No. 73-8, which was received in this office on June 1, 1973. The original copy, showing the filing date, is being returned for your records. Kindest regards. Cordially, R.E'CEIVED RICHARD (DICK) STONE Secretary of State (Mrs.) Nancy Kavanaugh · Chief, Bureau of Laws NK/mc Enclosure BOOK 1 PAGE 208-A ORDINANCE No. 73-8 4 5 14 15 16 18 AN ORDINANCE ESTABLISHING.,DWELLING UNIT MAXIMUM DENSITY LEVELS,° MINIMUM ~ONT, SIDE AND REAR YARD SETBACK; AND MAXIMUM LOT COVERAGE FOR APPLICATION IN MULTI-FAMILY RESIDENTIAL AREAS WITHIN THE COLLIER COUNTY COASTAL PLANNING AREA; ESTABLISHING A PENALTY AND EFFECTIVE DATE. WHEREAS, Florida Law grants to Collier County Regulatory authority over land use and specifically grants authority to regulate and restrict the size, location and use of buildings, structures and fixtures, and WHEREAS, Collier County has the responsibility and commensurate authority to deter disease and discomfort by providing and regulating waste and sewage collection and disposal, water supply; providing and regulating fire and police protection, recreation facilities, street lighting; establish and administer drainage, water management, pollution control programs, and WHEREAS, Collier County has the obligation to the general public to prevent the overcrowding of land and water beyond the capacity of present resources, and WHEREAS, it is the responsibility Of Collier provide for tho health, safety, general welfare, ~ o life and convenience of the public and to insure.t~tJ~ce of fair and equitable property values of.all' sec~l~'.~:'~ economic welfare of the entire county, and WHER~S, the relationships existing between the above enumerated and other factors is of such complexity as to re- quire comprehensive master planning for the future development of the ~estern portion of Collier County, and . WHEREAS, it is known that hastily conceived and thought- less improperly planned development of land and exploitation of resources adds needlessly to the ultimate continuing tax burden of all present and future population, and permanent , ,.,it/, 8 ~2 residents in order to provide essential services and *acilities, and results in a degradation of the areas so developed~ and WHEREAS, Collier County has been and is now engaged in the completion of a master comprehensive development plan study to resolve the above enumerated and other factors of vital concern to the present and future citizens and residents of Collier County, and WHEREAS, the State of Florida and Federal Government have passed laws that allow the alternatives for local governments to either enact local laws consistent with those factors and objectives or in effect, abdicate to State and Federal author- ity and control, and WHEREAS, applications for building.~ permits for construc- tion of multiple family units during the months of March and .A April of 1973 have been four hundred thirty percent (430%) and two hundred eighty percent (2S0%) respectively of applications made in March and April of 19721 and such applications during the month of May 197~ have been one thousand one hundred forty six percent (1~146%) of those experienced in May of 1972, and WHEREAS, the granting in such numbers of permits to con- struct multiple family dwellings is in degradatiom of the pre- cepts of professional planning and at this critical Juncture of Collier County's exhaustive planning effort is tantamount to destruction of such plan before its creation, THEREFORE, SECTION ONE: BE IT ORDAINED BY THE BOARD OF COUN~ COMMISSION- ERS OF COLLIER COUNTY, FLORIDA: 1. Legislative Intent: It is the purpose of this ordinance to promote, protect and improve the public health, safety, comfort, good order, appearance, convenience, morals and general welfare of the citizens of Collier County, Florida; to conserve the value of land, buildings and resources; to protect the character and maintain the stability of residential, agricultural, business and industrial areas; to provide an opportunity for the Board of County Commissioners of Collier County, Florida to enact and adopt a comprehensive land use plan, zoning code, subdivision regulations, subdivision plat- ting law, uniform codes, county-wide fire code, water manage- ment law and sign ordinance, all of which are in various stages of preparation, amendment, review and drafting; to resolve and clarify problems relating to the furnishing of water and sewer, roads and schools; for the preservation, protection, development and conservation of natural resources of land, water and air; for convenience of traffic and circulation of people'and goods; for healthful and convenient distribution of population; for adequate public utilities and facilities; for promotion of civic amenities of beauty and visual interest. 2. Permit Required: It shall be unlawful to construct or alter any multi-family building or structure within the unincor- porated coastal planning area of Collier County, Florida when the cost of such construction exceeds one hundred dollars ($100) or where the effect of such construction or alteration is to enlarge the capacity or affect the bearing walls of any buildi~k or the roof thereof, without having first secured a permit therefor. 3. Application: Application for such permits shall'be made to the building official, and shall be acCompanied by plans and specifications in duplicate showing the work to be done; such plans shall be verified by the signature of either the owner of the premises or by. the architect or contractor in i 15 16 18 ~! 8O '~ charge of the operations. 4. Approval of Plans: The Building Zoning and Planning Officials shall examine such applications with plans to deter- mine whether the proposed construction or alteration will comply with the ordinance, code and regulation provisions relative thereto including the provisions hereof. Upon approval one set of plans shall be returned to the applicant with a permit, and the other shall be retained by the building inspector. No per- mit shall be issued until after approval of the plans. 5. Variations. It shall be unlawful to vary materially or substantially from the submitted plans and specifications unless such variations are submitted in an amended plan to the Building Official and approved by him. 6. Enforcement of Provisions. The Building Official shall make or cause to be made such inspections as are necessary to see to the enforcement of the provisions of this and other ordinances, codes and regulations, and to make any tests or examinations of materials or methods to be used for the purpose of seeing that they comply with the provisions of this and other ordinances, codes and regulations. 7. Expiration of Permit. Building permits issued by' Collier County shall be valid for a period not to exceed.~Fmc (6) months from the issue date. 8. Criteria: In addition to any other requirements the Zoning and Planning Officials shall review and determine that the application and the related plans and specifications conform with: a. The master plan sector maps of the Coastal Planning Area produced by Candeub, Fleissig and Associates;, b. The maximum lot coverage; minimum front, side and *A copy is available from the .~lerk. to. the Board of County Commission?Y~. , ,. . ~ .... ,.,~ ~ 2 3 18 14 15 15 17 18 21 32 fI rear setback from property line requirements; minimum floor area; maximum height; and open space requirements detailed for the multi-family residential areas below: 1) Multi-Family Residential-1 (MF-1) Areas: a) Maximum Lot Coverage: 25% or 8 dwelling units per acre whichever is less. b) Setbacks: Front Yard - 35 feet. Side Yard - 12 feet for 1 or story Rear Yard - 30 feet c~ Minimum Floor Area: - Single Family - 1000 Sq. Feet - Duplex (2 Family) - 750 Sq. Feet per unit. 2) Multi-Family - 2 Areas (MF-2): Maximum Lot Coverage: 25% or 10 dwelling units per acre whichever is less. b) Setbacks: - Front Yard - 35 feet - Side Yard - 15 feet - Rear Yard - 30 feet c~ Minimum Floor Area: 720 Sq. Feet per unit. Single-family and two-family units are eliminated from this district. 3) Multi-Family - 3 (MF-3) Areas: a) Maximum Lot Coverage: 35% or 13 dwelling units- per acre whichever is less. b) Setbacks: - Front Yard - 35 feet - Side Yard - 15 feet - Rear Yard - 35 feet c) Minimum Floor Area: 720 Sq. Feet per unit. Two-family units are eliminated from this district. 4) Multi-Family-4 (MF-4) Areas: a) Maximum Lot Coverage: 35% or 20 dwelling units' per acre whichever is lesa b/ Setbacks: - Front Yard - 40 feet plus one foot for each two feet of build- ing height over 45 feet witl a maximum of 60 feet in height. 11 12 14 15 16 17 18 le 81 82 5) 6) - Side Yard - 20 feet regardless of height. - Rear Yard - 40 feet regardless of height. c) Minimum Floor Area: 720 Sq. Feet per unit. Multi-Family - 5 (MF-§) Areas: a) Maximum Lot Coverage: 35% or 25 dwelling units per acre whichever is less. b) Setbacks: - Front Yard - 40 feet plus one foot for each 2 feet over 45 feet. - Side Yard - - Rear Yard - 20 feet plus one foot for each 2 feet over 45 feet. 40 feet pius one foot for each 2 feet over 45 feet. c) MinimUm Floor Area~ 600 Sq. Feet per unit. d) Maximum Height - 100 feet. Open space requirements in all multi-family districts shall be 750 square feet per bedroom or other room designed for sleeping. 9. Right of Appeal. If any applicant for a permit to construct a multi-family building is aggrieved by or desires to appeal application of the prbvisions of this ordinance in his case, said appeal shall be filed with the Board'of County Commissioners for processing in accordance with Chapter 28 of the Code of Collier County, Florida. 10. Penalty. A violation of any provision of this Ordin- ance is a misdemeanor and shall be prosecuted in the name of the State in the County Court by the Prosecuting Attorney, and upon convictiou shall be punished by a fine not to exceed $500.00 or by imprisonment in the County Jail not to exceed 60 days, or by both such fine and imprisonment. Each violation and each day a violation continues shall.constitute a separate 2 4 § 6 '7 9 10 11 12 14 16 16 18 20 21 23 offense. The Board of County Commissioners shall have the power to collaterally enforce the provisions of this Ordinance by appropriate Judicial Writ or proceeding notwithstanding any prosecution as a misdemeanor. SECTION TWO: The provisions of this Ordinance shall be cumulative and in addition to Federal and State Laws and Statutes not in con- flict or inconsistent therewith. If part of this or any other County Ordinance, Resolution or Regulation, or parts thereof are in conflict or inconsistent with any other part of this Ordinance the more restrictive shall apply. SECTION THREE: In order to carry out the legislative intent of protec- ting the public health, safety, welfare, well-being and pre- serving present and future public and private interests, this Ordinance shall be liberally construed. If any portion, word, or phrase of this Ordinance, or its application to any natural, or artificial person, or circumstance,is held invalid, the re- maining portions, and their application to O2her persons and circumstances shall not be affected. SECTION FOUR: The Board does hereby waive notice requirements by a four- fifths vote and declares that an emergency exists and that the immediate enactment of this Ordinance is necessary. This Ordinance shall become effective when accepted by the United States Postal Authorities. SECTION FIVE: The Clerk is hereby instructed to send a certified copy of this Ordinance to the Office of the Department of State by registered United States mail and special delivery as soon as practicable. ' -. 6 8 17 18 20 21 22 23 2~ 25 26 PASSED AND DULY ADOPTED by the Board of County Commis- sioners of Collier County, Florida, thi~~, day of May, 1973. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA A~TEST: Cl~z~an !~,~,';,','v":~'zi',~:!tii?~',l./,' APPROVED AS TO FORM AND CONTENT ~,'? ....... :.~.~/,:'~;~,~.' . e-~ ,-, .,,,' ~.:~9~:';i,~'.,[~C~~. ;'~ ~ count~ Attorney ~.~,..~', ,..'?' .. ',. ,,, ?,,. ~.; ? ' Original and duplicate mailSd to the Secretary of State, Certified Mail_No. 4.80106 this 31st daf of May, 1973 Ben D. Driver, C. P. A. Fiscal Officer.