Ordinance 2015-28 ORDINANCE NO. 15 - 2 8
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, BY
AMENDING SECTION 5.04.05 TEMPORARY EVENTS, TO
ALLOW TEMPORARY EVENTS ON COLLIER COUNTY
PROPERTY WITHOUT A PERMIT; PROVIDING FOR
CONFLICT AND SEVERABILITY; INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND AN
EFFECTIVE DATE.
Recitals
WHEREAS, the Board of County Commissioners wishes to amend to Land Development
Code in order to provide that Temporary Events held on County property are not subject to a
Temporary Use Permit but instead will require a Board approved agreement with the holder of
the event; and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: AMENDMENT TO SECTION 5.04.05 TEMPORARY EVENTS
Section 5.04.05 Temporary Events, of Ordinance 04-41, as amended,the Collier County
Land Development Code, is hereby amended to read as follows:
5.04.05 Temporary Events
A. Special Events.
1. Sales and Promotional Events.
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a. A temporary use permit is required for temporary sales and/or promotional
events on non-residential property, such as grand openings, going out of
business sales, special promotional sales, sidewalk sales, overstock sales,
tent sales, or other similar uses for sales and promotional events related to
the principal activities in operation at the subject property, unless
otherwise provided for in this section.
b. The Administrative Code shall establish the procedural requirements for a
temporary use permit for sales or promotional events.
c. In support of the proposed temporary sale or event, temporary signs,
merchandise, structures, and equipment may be placed subject to
approval of a site plan depicting same.
i. Temporary signage shall be subject to the restrictions set forth in
section 5.04.06
ii. All temporary structures and equipment, merchandise, or
placement and parking of vehicles in conjunction with the
temporary sale, shall conform to the minimum yard requirements
of the zoning district in which it is located.
iii. A building permit may be required for the erection of temporary
structures.
d. Temporary use permits for sales may be issued to the owner(s) of a
commercial establishment, or to the tenant(s) operating within a
commercial establishment with the approval of the property owner or
property manager, provided said tenant provides documentation of a
current annual lease with the property owner. Uses permitted by an
approved temporary sales permit shall be operated by the property owner
or tenant(s), except as provided for in sections 5.04.05 A.l.g. and 5.04.05
A.1.h. below.
e. Temporary use permits for sales shall be restricted to those zoning districts
in which the sale of the items would normally be permitted. Further, the
sales activity permitted by the temporary use permit shall be related to the
principal commercial activities in operation on the subject property, except
as provided for in subsections 5.04.05 A.1.g. and 5.04.05 A.1.h. below.
f. Special event temporary use permits shall not be issued for undeveloped
properties, with exception to pre-construction ground breaking events with
a valid development order.
g. The County Manager or designee may issue temporary use permits for
satellite locations subject to the applicable restrictions set forth in this
section, provided the applicant currently operates a business from a
permanent, approved commercial location within the County.
Additionally, the purpose of the temporary sale shall be the same as the
principal purpose of the existing commercial business of the applicant.
h. The County Manager or designee may, in determining a specific benefit to
the public, grant a temporary use permit to facilitate the sale of an item or
items not generally available within a specific planning community,
subject to the applicable restrictions set forth in this section.
2. Sports,religious, and community events.
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a. A temporary use permit is required for sports, religious, community, or
other similar events sponsored by profit, nonprofit, charitable, civil, or
membership organizations, on lands not specifically developed and
approved for such activities on a regular basis. The County Manager or
designee may grant a nonrenewable temporary use permit of up to 14 days
duration for such events.
b. Temporary use permits of this type may, in support of the use being
permitted, include the placement of temporary signs, merchandise,
structures and equipment, and a mobile home as an office, but not for
residency.
i. Temporary signage shall be subject to the restrictions set forth in
section 5.04.06
ii. A building permit may be required for the placement and/or
erection of temporary structures.
c. Temporary use permits in this category shall be restricted to those zoning
districts in which the use would normally be permitted, unless otherwise
approved by the Board of County Commissioners via a public petition
request.
d. The County Manager or designee shall accept, without fee, temporary use
permit applications for sports, religious, community, or other similar
events, upon presentation of documentation that the sponsor of the event is
a bona fide nonprofit organization and the event is intended to benefit the
community at large or a specific group of individuals. Two such events
per calendar year per organization are eligible for this permit.
3. Special Event time limits.
a. The County Manager or designee may grant nonrenewable temporary use
permits of up to 14 days duration, such that during any calendar year the
sum total duration of all permits for such events for that location does not
exceed 28 days.
b. For multiple occupancy parcels with 10 or more tenants the total duration
of all such permits shall not exceed 42 days per calendar year.
c. Temporary use permits for special events may be extended up to an
additional 4 weeks when approved by the Board of County
Commissioners. Such approval may be subject to stipulations and
additional constraints which shall be noted as conditions of the permit and
the permittee will be required to sign a notarized agreement to abide by
such conditions.
B. Temporary seasonal sales. A nonrenewable 5 week temporary use permit may be issued
for seasonal and holiday related temporary sales subject to the following restrictions.
1. Temporary use permits for seasonal sales may be issued only for the following
seasonal/holiday related items:
a. Christmas trees.
b. Fireworks, as allowed by F.S. Chapter 791 and subject to the issuance of
an approved permit by the jurisdictional fire district.
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c. Pumpkins.
2. Temporary use permits for seasonal sales may be issued on improved or
unimproved properties.
3. The applicant shall provide a notarized letter from the property owner or property
manager granting permission to utilize the subject property for the temporary
seasonal sales.
4. Temporary use permits for seasonal and/or holiday sales may, in support of the
use being permitted, include the placement of signs, merchandise, temporary
structures, and equipment.
a. Temporary signage is subject to the restrictions set forth in LDC
subsection 5.04.06 A& B.
b. A building permit may be required for the erection of temporary
structures.
C. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to
be held at private homes, churches and other places of worship, community centers, or
other nonprofit residentially zoned institutions, the County Manager or designee may
issue one 2-day permit for such events during each 6 month period.
D. Temporary events on Collier County property.
1. A Board approved agreement shall be required for temporary events on all Collier
County parks, facilities, and other property. A temporary use permit shall not be
required.
2. Signage for temporary events on Collier County property shall comply with LDC
section 5.04.06 Temporary Signs.
3. The applicant shall coordinate with emergency medical services, fire districts, and
Collier County Sheriff's offices to determine the appropriate level of coverage
required for the event.
D E. Temporary Uses, not elsewhere classified. At the direction of the BCC, the County may,
from time to time, be called upon to allow certain uses for specific periods of time. After
public hearing, the County Manager or designee may issue a Temporary Use Permit upon
receipt of satisfactory evidence that all stipulations and/or requirements have been
satisfied.
SECTION THREE: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is held
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invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding Section not affect the validity of
the remaining portion.
SECTION FOUR: INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State,
Tallahassee, Florida.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this2$4\ day of ~\\ , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
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B !: i_ ` ,o By:
- - �1- tiny Clerk TIM NANCE, Chairman
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Approve* as �fq'rm and egality:
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Jeffrey A. lat :ow, ounty Attorney day of IA phi_, D
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FLORIDA DEPARTMENT Of STATE
,
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 30, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann P. Jennejohn, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 15-28, which was filed in this office on April 30, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.tl.us