Agenda 06/12/2012 Item #17C6/12/2012 Item 17.C.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance to repeal Ordinance Number 73 -17 relating to
temporary permits.
OBJECTIVE: That the Board of County Commissioners adopt an Ordinance to repeal
Ordinance No. 73 -17 relating to temporary permits.
CONSIDERATIONS: On May 8, 2012, Item 16K2, the Board directed the County Attorney to
advertise and bring back an Ordinance to repeal Ordinance No. 73 -17.
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this Ordinance is obsolete.
The repeal of this Ordinance is part of the review of the Code of Laws and Ordinances included
in the County Attorney's Action Plan.
FISCAL IMPACT: The cost of the advertisement for the Ordinance was 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 adopt an Ordinance to repeal Ordinance No. 73 -17 in
its entirety.
PREPARED BY: Heidi Ashton - Cicko, Managing Assistant County Attorney
Attachments: 1) Ordinance
2) Ordinance No. 73 -17
CP \12 -COA- 01425 \11
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6/12/2012 Item 17.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C.
Item Summary: Recommendation to adopt an Ordinance to repeal Ordinance Number
73 -17 relating to temporary permits.
Meeting Date: 6/12/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
5/9/2012 10:47:38 AM
Approved By
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 5/9/2012 5:39:23 PM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 5/11/2012 10:05:18 AM
Name: AuclairClaudine
Title: Planner, Principal,Transportation Planning
Date: 5/15/2012 2:53:46 PM
Name: CasalanguidaNick
Title: Deputy Administrator - GMD,Business Management & Budget Office
Date: 5/15/2012 3:11:51 PM
Name: AshtonHeidi
Title: Section Chief /Land Use- Transportation,County Attor
Date: 5/18/2012 1:07:23 PM
Name: Finn—Ed
Title: Senior Budget Analyst, OMB
Date: 5/22/2012 12:34:41 PM
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Name: KlatzkowJeff
Title: County Attorney
Date: 6/1/2012 1:29:40 PM
Name: OchsLeo
Title: County Manager
Date: 6/4/2012 9:34:15 PM
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6/12/2012 Item 17.C.
6/12/2012 Item 17.C.
r13 -/7
AN MIEnGEN(Y ORDINANCE TO PERMIT
TI;MPOmnY RECREATIONAL, CONSTRUC-
TION, AND nrAL ESTATE OR OTAER
COMMM(CIAL OFFICES AND SIGNS,
PROVIDING STANDARDS FOR nEVILIV,
A PENALTY AND AN EFFECTIVE DATE.
Bi IT ORDAINED BY TIM WARD OF COUNTY COMMISSIOIiEnS OF
COLLIER COUNTY, FLOn1DA;
SECTION ONE:
1. Tem ornry Rocroation Permits. The Board of Zoning
Appeals may, after Investigation, notice and a hearing grant
A temporary permit for an exhibition, fair, horse show, rodeo,
regatta, race or similar activity provided that;
A. There is no available building within the area
for the use, and
b. Sufficient parking and loading and unloading
space is assured, and tnab,
�0 -+
c. Sufficient setback lines are prescribed, andr,•
I d. Proposed sanitary facilities are approved bf< ° y
the Health Department, and M w
e. A bond satisfactory to the Board is posted
guarantee that the area is returned to a condition n w
acceptable to the Board.
2. Temporary 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 permit:
A. On-premise real estate sales offices;
b. Equipment and construction materials, stolage,
processing and fabrication facilities;
C. Temporary office space for persons engaged in
the development;
d. Temporary :.dmise 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
`` 1I permit and may stipulate the following conditions:
10 £S?dV�dt4 fy1C� 1) Traffic safety measures; '
2) Parking re;,41rement;,
b[:�yd74. ao 3) Limited act ?.vity hours;
Q q PC, 4) Addition:.i landscaping for temporary permit
areas;
{R cce.� ) Addit.'onal on- premise security and health
d t'rlen IWM S'e Measures, which may include but not be limited
to watchmen, fencing, lighting and sanitary
measures.
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6/12/2012 Item 17.C.
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 6 months,
SECTION TWO:
'It shall be unlawful to continue such temporary use after
expiration of the permit without linvina filed a request for
extension.
SECTION-TIMEE: Severance.
If any section, subsection, sontencoI clause, phrase or
portion of this Ordinance is, for any reason hold 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 harr -of.
SECTION FOUR: 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 severed and the
,romainder shall have the full force in effect and be liberally
construed.
SECTION FIVE: Emergency.
Ile it declared that an emergency exists and the immediate
enactment of this Ordinance is nocossary, therefore, notice
requirements are waived and this Ordinance shall take effect
immediate upon its placement in the United States ),~tail to the
Secretary of State.
• ATTEST: BOARD OF COUNTY COMMISSIONERS
1
_ l OF COLLI N
MIZAaret T. ott d Wenzel, rm.&n
.�, Sd hoof Circuit Court
,
Approved as to form a'nd legality:
'; r Bruner
�(l% �•"_' David merson
r'•;+�F� Collier County Attorney
,,'��r
Original and duplicate mailed to the Secretary of State,
Certified Mail No. this 2nd day of
October, 1973.
i
Dan D. Driver, . .
Fiscal Officer, Deputy Clerk.
13.17
WX , .1 tact EM
—2—
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6/12/2012 Item 17.C.
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• _ LTATC OF FLORIDA JV
TMC CAPITOL
TAIAAMALLCC iL70A
ALL -0f1L
RImAnn (DICK) STONN
LCCRETART or 57AIC
October 8, 1973
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
"'VBy
(Mrs. } r ..:ncy Kavanaugh
Chief, Biireau of Laws
BOOK 1 PAGE 251 -A
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6/12/2012 Item 17.C.
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:
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
I oft
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6/12/2012 Item 17.C.
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 May, 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY. FLORIDA
, Deputy Clerk
Approved as to forni and
legal sufficiency:
Heidi Ashton -Cicko
Managing Assistant County Attorney
CPI12- COA -01 42511
By:
FRED W. COYLE, Chairman
2of2
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6/12/2012 Item 17.C.
260 )) Wednesday, May 30, 2012 )) N A P L E S D A l LY N E W S
ITIer 0 far
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on Tuesday, June 12,.2012, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299 East Tamiami
Trail, Naples, Florida, the Board' of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinances are as follows:
AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE. NO. 86=78, AS
AMENDED, WHICH CREATED THE CITIZENS ADVISORY COMMITTEE FOR THE
COMPREHENSIVE PLAN; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
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 SEVERABIUTY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and.2re
available for inspection. All interested parties are invited to attend and be heard.
NOTE: 'Ail persons wishing to speak on any agenda item must register with the'
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to '3 minutes on any item. The selection of an
individual to speak on. behalf of an organization or group is encouraged. -if
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the resppeective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
Prior to the public hearing. All material used in presentations before the Board
will become -a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is. made, which record includes the 'testimony and
evidence upon which the appeal is based.
if you are a person with. a disability who -needs any accommodation in order to
participate in this proceeding; you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335.. Tarniami Trail East, Suite 0101, Building W, Naples,
Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners'.Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
May 30. 012 No. 1949424
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