Agenda 05/08/2012 Item #16K25/8/2012 Item 16.K.2.
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back an Ordinance
to repeal Ordinance Number 73 -17 relating to temporary permits
OBJECTIVE: That the Board of County Commissioners repeal Ordinance No. 73 -17 relating
to temporary permits.
CONSIDERATIONS: As part of the County Attorney's approved Action Plan, the County
Attorney's Office is doing a complete review of the Collier County Code of Laws and
Ordinances to identify and correct inconsistencies that may have resulted from years of revision,
and to ensure that the ordinances are not in conflict with current State or Federal law. This is
part of a series of Executive Summaries that will be coming to the Board.
On October 2, 1973, the Board adopted Ordinance No. 73 -17 to allow "temporary permits ". The
provisions of this Ordinance are codified in Section 106.3 of the Code of Laws and Ordinances.
Since temporary uses and signs are provided for in the Collier County Land Development Code,
this Ordinance is obsolete.
FISCAL IMPACT: The cost of the advertisement for the Ordinance will be paid from the
County Attorney's budget.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Ordinance was prepared by the County
Attorney's Office and is legally sufficient for Board action. A majority vote is required for Board
approval (HFAC)
RECOMMENDATION: That the Board direct the County Attorney to advertise and bring back
an Ordinance to repeal Ordinance No. 73 -17 in its entirety.
PREPARED BY: Heidi Ashton - Cicko, Assistant County Attorney
Attachments: 1) Ordinance
2) Ordinance No. 73 -17
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2.
5/8/2012 Item 16.K.2.
Item Summary: Recommendation to direct the County Attorney to advertise and bring
back an Ordinance to repeal Ordinance Number 73 -17 relating to temporary permits.
Meeting Date: 5/8/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
4/23/2012 11:33:51 AM
Approved By
Name: FlaggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 4/23/2012 11:47:46 AM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 4/24/2012 11:59:22 AM
Name: AuclairClaudine
Title: Planner, Principal,Transportation Planning
Date: 4/26/2012 8:51:13 AM
Name: BakerJennifer
Title: Code Enforcement Specialist
Date: 4/27/2012 11:19:55 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/27/2012 3:15:15 PM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 4/27/2012 3:41:30 PM
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Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 4/27/2012 4:56:23 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/30/2012 3:14:58 PM
Name: OchsLeo
Title: County Manager
Date: 4/30/2012 5:03:53 PM
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5/8/2012 Item 16.K.2.
5/8/2012 Item 16.K.2.
A ORDINANCE NO. 12-
AN ORDINANCE REPEALING COLLIER COUNTY
ORDINANCE NO. 73 -17 RELATING TO TEMPORARY
PERMITS; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on October 2, 1973, the Board of County Commissioners adopted Ordinance
No. 73 -17 relating to temporary permits; and
WHEREAS, the Board of County Commissioners desires to repeal this Ordinance since
temporary uses are provided for in the Collier County Land Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ,
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
04 SECTION ONE: REPEAL OF ORDINANCE NO. 73-17.
Collier County Ordinance No. 73 -17 relating to temporary permits is hereby repealed in
its entirety.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this ' Ordinance shall become and be made a part of the Code of Laws
and Ordinances 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 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 the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
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5/8/2012 Item 16.K.2.
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by super - majority vote of the Board of County
Commissioners of Collier County, Florida, this day of , 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
•
Approved as to form and
legal sufficiency:
Heidi Ashton -Cicko
Assistant County Attorney
H\GaillHeidiOrdinances
0
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, Chairman
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5/8/2012 Item 16.K.2.
AN EMERGRNUY ORDINANCE. TO PERMIT
Tupor m RE(REATIONAL, CONSTRUC-
TION, AND nF.AL ESTATE OR OT11ER
COMMFUCIAL OFFICES AND SIGNS,
PnovIDING STANDARDS FOR REviry,
A PENALTY AND AN EFFECTIVE DATE.
BE IT ORDAINED BY 71IE 20ARD OF COUNTY COIIMISSIOT;ERS OF
COLLIER COUNTY, FLORIDA;
SECTION ONE:
1. Temporary Roeroation Permits. The Board of Zoning
Appeals may, after invest igat on, notice and a hearing grant
R temporary permit for an exhibition, fair, horse show, rodeo,
regatta, race or similar activity provided that:
R. There is no available building within the area '
for the use, and
b. Sufficient parking and loading and unloading
space is assured, and m x Cb
c. Sufficient setback lines are prescribed, andr�•ead
d. Proposed sanitary facilities are approved bgL-
the Health Department, and rn
e. A bond satisfactory to the Board is posted og
guarantee that the area is returned to a condition n'm w
acceptable to the Board.
2. Temnorary Construction and Development Permits.
In the case of real estate or other commercial or development pro -
jocts or construction of public roads in any zoning district, the
Developer may request a 'Temporary Use Permit for a period not to
exceed 12 months, to allow promotional, storage and fabrication
activities which are needed during construction and sale of- the
project. The following uses may be permitted under the terms of
such a temporary permits
a. On- premise real estate sales offices;
b. Equipment and t:onstruction materials, storage,
processing and fabrication facilities;
c. Temporary offic#� space for persons engaged in
the development;
d. Tomporar,, ::romise signs;
e. Radio equipment and antennae.
An applicant shall submit Flans, in accordance-with Section" 9.2
of the Zoning Ordinance, to the Planning Department indicating
the area, the use, activities requested and the time period
requested.
The Planning Department shall grant or deny a temporary use
permit and may stipulate the following conditions:
jj 11 Traffic safety measures;
f0 £ST��'�SN �M� 2) Parking re ;,zirement;,
3) Limited arti.vity hours;
X74. � / �� 4) Addition:.i landscaping for temporary .permit
1
a c j �CF.f1011� areas;
{{S1ece.� 1 ) Addit'onal on- premise security and health
d Men
ADM Sp( measures, which may include but not be limited
to watchman, tenc.ing, lighting and sanitary
measures.
10,1g76 boox i rACE 251.
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5/8/2012 Item 16.K.2.
3. If need for the temporary use should extend beyond
the time limit of the permit, application must be filed for
an extension stating the reason and the time required. An
extension shall not exceed d months,
SECTION TWO:
'It shall be unlawful to continuo such temporary use After
expiration of the permit without linving filed a roquest for
extension.
SECTION THREE: Severance,
If any section, subsection, sentence, clause, phrase or
.portion of this Ordinance is, for any roason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed R separate, distinct and independent
,provision and such holding shall not affect the validity of
the remaining portion haro'-of.
SECTION POUR: Conflict.
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 savored And the
oromainder shall have the full force in effect And be liberally
construed.
SECTION FIVE: Emergency.
no it declared that an emergency exists and the immediate
enactment of this Ordinance is nocossary, therefore, notice
requirements axe waived and this Ordinance shall take effect
immediate upon its placement in the United States Mail to the
Secretary of State.
• ATTEST:
BOARD OF COUNTY COOMMISBIONERS
OF COL N DAD
Eta aret T. Sddtt
kCaf Circuit Court
Clif Y,6ed Wenzel , —Wn
;;:•:� :-•- „�!* , vi
Approved as to form aba legality:
Davlcl Emerson Bruner
Collier
County Attorney
Original and duplicate mailed
to the Secretary of State,
Certified Mail No.
this 2nd day of
October, 1973.
"
Den D. Driver, C.P.A.
Fiscal O °ricer, Deputy Clerk.
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October 8, 1973
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TALLAMALICC 32304
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5/8/2012 Item 16.K.2.
J
1
Mr. Ben D. Driver, C.P.A.
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 October 3, an
official and a duplicate copy of Collier County Emergency Ordin-
ance No. 73 -17, which was received in this office on October 8,
1973.
The duplicate copy showing the filing date is being re-
turned for your records,
Kindest regards.
NK /mcp
Enclosure
Cordially,
RICHARD (DICK) STONE
Secretary of State
By ��
(Mrs. ) r..incy Kavanaugh
Chief, Btweau of Laws
BOOK 1 PAGE 251 -A
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