Ordinance 73-13Rzcr~ru) (DICK) S?o:~'~
July 27, 1973
Mr. Ben D. Driver, Fiscal Officer
Board of County Commissioners
Collier County Courthouse
Naples, Florida 33940
· Dear Mr. Driver:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of July 25, the originals and official
copies of Collier County Ordinances Nos. 73-11, 73-12, and 73-13,
which were filed in this office on July 27, 1973.
The original copies showing.the filing date are being returned
for your records.
Kindest regards.
Cordially,
RICHARD (DICK) STONE
Secretary of State
(Mrs.) Nancy Kavanaugh
Chief, Bureau of Laws
NK/eh
Enclosures
BOOK t PAGE 240-A
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ORDINANCE NO.
73-13
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AN ORDINANCE ESTABLISH.~IG DWELLING UNIT MAXIMUM
DENSITY LEVELS; MINIMUM FRONT, SIDE AND REAR YARD
3'.SETBACK; AND MAXIMUM LOT COVERAGE AND MINIMUM FLOOR
AREA FOR APPLICATION IN MULTI-FAMILY RESIDENTIAL
AREAS WITHIN THE COLLIER COUNTY COASTAL PLANNING
AREA; PROVIDING FOR APPEAL, 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 bhe 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 reEulating fire and
police protection, recreation facilities, street lighting;
establish and administer drainage, water management, pollution
18 t- control programs, and
'~ 1. ii WHEREAS, Collier County has the obligation to the general
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public to prevent the overcrowding of land and water beyond
the capacity of present resources, and
WHEREAS, it is the responsibility of Collier County to
provide for the health, safety, general welfare, quality' of
life and convenience of the public and to insure the maintenance
of fair and equitable property values of all sections for the
economic welfare of the entire county, and
WHEREAS, the relationships existing between the above
enumerated and other factors is of such complexity as to re'
9uire comprehensive master planning for the future d~velopment
of the Western portion of Collier County, and
WHEREAS, it is known that hastily conceived and thought-
less improperly planned development of land and exploitation
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of resources adds needlessly to the ultimate cc~tinuing tax
burden of all present and future population, and permanent
residents in order to provide essential services and facilities,
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 authority
and control.
THEREFORE:
Section One: BE IT ORDAINED BY TTIE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA:
1. Legislative Intent: It is the purpose of this ordinance
to promote, protect and improve the public health, safety, com-
fort, good order, appearance, convenience, morals and general
welfare of the citizens of Collier County, Florida; to conserve
the value of land, buildings and resources; tn protect the
character and maintain the stability of residential, agricul-
tural, business and industrial.areas; to provide an opportun~.ty
for the Board of County Commissioners of Collier County, Florida
to enact and adopt a comprehensive land use plan, zoning code,
subdivision regulations, subdivision platting law, uniform codes
county-wide fire code, water management law and sign ordinance,
all of which are in various stages of preparation, amendment,
review and drafting; to r~so~ve and clarify problems relating
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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 arid
convenient distribution of population; for adequate public
utilities and facilities; for promotion of civic amenities of
beauty and visual interest.
'.27- 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 building
or the roof thereof, without having first secured a permit
therefor.
3. ~pplication: Application for such permits shall be made
to the building official, and shall be accompanied byplans 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 charge of the'
operations.
NOTE: It is recommended that a certified plOtsurvey be ~
submitted to insure compliance with the'provisions of this
Ordinance and the Zoning Regulations. Errors in plot plans are'.
considered self-induced and not to constitute hardship.,~
4. Approval of Plans: The Building,~Z~ning and Planning
Officials shall examine such applications with plans t°. deter,../
mine whether the proposed construction or alteration will
with the ordinance, code and regulation proViSions relative
thereto including the provisions hereof.
Upon &plo~oval One ~ i : . ii:'~i
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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 pui~ose
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 six
(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, a copy.
of which is available from the Clerk to the Board of County ~.
Commis s loners.
b. The Maximum lot coverage; minimum f~ont, side
and rear setback from property line requirements; minimum~
floor area; maximum height; and open space requirements
detailed for the multi-family residential areas below:
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1)
a)
b)
c)
Multi-Family Residential - 1 (MF-1) Areas:
Maximum Lot Coverage: 25% or 8 dwelling
units per acre whichever is less.
Setbacks: - Front Yard - 35 feet. - Side Yard - 12 fester i or 2 story.
- Rear Yard - 30 feet.
Minimum Floor Area: - Single Family - 1000 Sq. Feet
- Duplex (2 family) - 750 Sq. Feet
per unit.
2) Multi-Family 2 Areas (MF-2):
a)
Maximum Lot Coverage: 25% or 10 dwelling
units per acre whichever is less.
b) Setbacks:
c)
3)
~)
b)
c)
,4)
a)
- Front Yard - 35 feet.
- Side Yard - 15 feet.
- Rear Yard - 30 feet.
b)
Minimum Floor Area: 750 Sq. Feet per unit for two
family units;
1000 Sq. Feet per unit for single
family units.
Multi-Family - 3 (MF-3) Areas:
Maximum Lot Coverage: 35% or 13 dwelling units
per acre whichever is less.
Setbacks:
- Front Yard - 35 feet.
- Side Yard - 15 feet.
- Rear Yard - 35 feet.
Minimum Floor Area: 750 Sq. Feet per unit for two-'
family units, .~'.'
Multi-Family - 4.(MF-4}, Areas: '
Maximum Lot Coverage: 35% or 20 dwelling units per'.'
acre whichever is less.
Setbacks:
- Front Yard - 40 feet plus one foot
for each two feet of building,height-
over 45 feet with a maximum of','75 feet
in height. ~'-..
- Side Yard - 20 feet regardless~of
height. .-.
- Rear Yard - 40 feet regardless of
height.
c) Minimum Floor Area: 750 Sq. Feet per unit.
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5) Multi-Family - 5 (MF-5~ Areas:
a) Maximum Lot Coverage: 20% 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 - 20 feet plus one foot for
each 2 feet over 45 feet.
- Rear Yard - 40 feet plus one foot for
each 2 feet over 45 feet.
c) Minimum Floor Area: 720 Sq. Feet per unit
d) Maximum Height - Limited as to setbacks, open space.f
parking, etc.
6)
Open space requirements in all multi-family districts
shall be 750 square feet for (1) bedroom and 150 square
feet for each additional bedroom.
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 provisions of this ordinance in his case,
said appe, l zhall be filed with the Board of County Commissioners
for processing in accordance with Chapter 28 of the Code of
Collier County, Florida.
il 10. Penalty. A violation of any provision of this Ordinance
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is.:a misdemeanor and shall be.prosecuted in the name of the State
in the County Court by the Prosecuting Attorney, and upon.con-
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ii viction shall be punished by a fine not to exceed $500.00 or by
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~. imprisonment in the County Jail not to exceed 60 days, or by
il both such fine and imprisonment. Each violation and each' day a
:i violation continues shall constitute a separate offense. The
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i! ally enforce the provisions of~ this Ordinance by appropriate
Judicial Writ or proceeding notwithstanding any prosecution as
a misdemeanor.
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I: SECTION TWO:
ill Collier County Ordinance No. 73-8 and 73-9 are repealed
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32 1t effective upon the provisions he~eo'f"be~oming law.
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Section Three:
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 applyl
Section Four:
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. Yf 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 other persons and.
circumstances shall not be affected.
P~.SAE~. AND DULY ADOPTED by the Board of 0ounty Commissioners
of 'l~'b,,~.];~J~.~,~. ~,,~y,,''" Florida, this 17th a~r o., y,
'a'l%.~ r~ ' · ~'.t~, ,~ ,-' ' ' '
:. ,~; i,'<~'"'J.,'~&.",iT~'~,~;~iy~i,:i~f :i OF COLLI:EA COUNTY, FLORIDA ..
'" ' ', ': ../A.'i *.~; :
David Emerson Bruner
County Attorney