Agenda 12/02/2008 Item #17A
Agenda Item No. 17 A
December 2, 2008
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to the Board of County Commissioners to adopt the attached
Ordinance pertaining to the Storage, Parking and Use of Recreational Vehicles to
be included in the Collier County Code of Laws and Ordinances pursuant to Board
Direction.
OBJECTIVE: That the Board of County Commissioners adopt the attached Ordinance
pertaining to the Storage, Parking and Use of Recreational Vehicles into the Collier
County Code of Laws and Ordinances pursuant to Board Direction,
CONSIDERATIONS: At its October 14,2008 meeting, the BCC upon staffs request
voted to adopt the attached Ordinance pertaining to the storage, parking and use of
recreational vehicles into the Collier County Code of Laws and Ordinances and removing
it from the Land Development Code. Additionally, this provision has been amended to
allow the parking of recreational vehicles in front and/or side yards of certain
residentially zoned properties for one 48 hour period within a given 7 -day time period.
A provision for expedited permitting and requirements for tbe display of the permit has
also been added, The LDC amendment will need to be accomplished through the separate
LDC amendment process, Therefore, a provision has been added making it clear that the
Ordinance controls over the LDC provision,
-
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: This Executive Summary will have no impact
on the County's Growth Management Plan,
LEGAL CONSIDERATION: The proposed Ordinance has been reviewed by the
County Attorney's Office and is legally sufficient for Board action, This item is
legislative and not quasi-judicial. This item requires a simple majority vote, (MMSS)
RECOMMENDATION: That the Board of County Commissioners adopt the proposed
Ordinance pertaining to storage, parking and use of recreational vehicles to be included in
the Collier County Code of Laws and Ordinances.
PREPARED BY: Marlene Serrano, Code Enforcement Department Operations
Manager,
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Rev 12/06
Agenda Item No. 17 A
December 2. 2008
Page 2 of 4
ORDINANCE NO, 08-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA TO REGULATE THE PARKING, STORAGE OR
USE OF RECREATIONAL VEHICLES BY PROVIDING FOR: SECTION ONE,
PURPOSE AND INTENT; SECTION TWO, TITLE; SECTION THREE,
APPLICABILTIY; SECTION FOUR, DEFINITIONS; SECTION FIVE,
LIMITATIONS ON PARKING, STORAGE AND USE OF RECREATIONAL
VEHICLES; AND SECTION SIX, PERMITS; SECTION SEVEN, EFFECT ON
LAND DEVELOPMENT CODE PROVISION REGULATING PARKING,
STORAGE AND USE OF RECREATIONAL VEHICLES; SECTION EIGHT,
CONFLICT AND SEVERABILITY; SECTION NINE, INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND SECTION TEN, EFFECTIVE DATE.
WHEREAS. Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the
health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning
the use of property necessary for the protection of the public; and
WHEREAS, at its October 14, 2008 meeting the Board of County Commissioners (BCC) directed that the
regulations concerning the parking, storage and use of recreational vehicles be moved from of the Land Development
Code (LDC) to the Collier County Code of Laws and Ordinances; and
WHEREAS, also at the Octoher 14, 2008 meeting the Bee directed that these regulations be amended to
provide additional time for recreational vehicles to be stored or parked on properties within residentially zoned areas as
well as to provide for a "streamlined" permitting process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Purpose and Intent
This Ordinance is hereby considered to remedial and shall be construed and interpreted to secure the public,
health and general welfare through the prevention of the long.term open storage of recreational vehicles about the front,
and sides of residentially zoned properties.
SECTION TWO: Title
This Ordinance shall be known and may be cited as the "Collier County Parking, Storage and Use of
Recreational V chicle Control Ordinance".
SECTION THREE: Applicahility
This Ordinance shall apply to, and be enforced in. all unincorporated areas of Collier County, Florida.
SECTION FOUR:
Definitions
When used in this Ordinance, the following words, phrases, or terms shall have the following meanings, unless
the content clearly indicates otherwise:
1, REAR YARD, CORNER LOT: that portion of the lot opposite the street with the ieast frontage.
2, REAR YARD, THROUGH LOT: that portion of the lot lying between the rear elevation of the residence (by
design) and the street.
3. RECREATIONAL VEHICLE: a vehicular type portable structure without permanent foundation which can
be towed, hauled or driven and primarily designed as a temporary living accommodation when engaged in
recreation, camping or travel use. This type of vehicle includes but is not limited to travel trailers, truck
campers, camping trailers, self-propelled motor homes, boats, jet skis and trailers used for transporting these
vehicles.
4, RESIDENTIAL DISTRICTS: a residential zoning district as described in the Land Development Code to
include; RSF-l, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF6, RMF-12, RMF-16, RT, VR and MH Zoning
Districts as well as the single~family and multi-family residential components of Planned Unit Development
Agenda Item No. 17 A
December 2, 2008
Page 3 of 4
SECTION FIVE:
Limitations on Parking, Storage or Use of Recreational Vehicles
1. It shall be unlawful for a recreational vehicle to be used for living, sleeping, or housekeeping purposes when
parked or stored in any residential district, or any other location not approved for such use.
2. Recreational vehicles may be stored or parked only in a rear yard, or in a carport, or in a completely enclosed
building on a lot where the principal, existing use is a single-family residence, or a mobile home except as
provided in Paragraph 4 below.
3. Boats and jet skis may also be stored on davits or cradles adjacent to waterways on lots where the principal.
existing use is a single-family residence, multi-family residence or mobile home.
4. Recreational vehicles may be parked only on a driveway located within the front yard and/or a driveway
located within the side yard of a single~family or mobile home residence other than on County rights~of.way
or right-of-way easements for a period not to exceed 48 hours within any given 7.day time period so long as
the required permit is obtained from the Collier County Code Enforcement Department.
S. The provisions of this Ordinance shall not affect any deed restriction or restrictive covenant that contains
stricter requirements than those set fonh herein.
SECTION SIX: Permits
I. An individual who parks or stores a recreational vehicle on a driveway within the front yard or on a driveway
within the side yard of a single family or mobile home residence for a maximum period of 48 hours within
any given 7.day time period must obtain a permit from the Collier County Code Enforcement Department.
Such permits shall be available on.line at the Collier County Code Enforcement Department web-site.
2. Said permit must be affixed to the recreational vehicle. Said vehicle must be parked in such a way that the
permit is visible from the street.
SECTION SEVEN: Effect on Land Development Code
This Ordinance replaces and supersedes any similar provision that presently exists in the Collier County Land
Development Code.
SECTION EIGHT:
Conflict and Severability
ln the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the
more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid
or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of me remaindering portion.
SECTION NINE:
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-Iettered to accomplish such, and the
word "ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION TEN:
Effective Date
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this
_day of ,2008,
ATTEST
DWIGHT BROCK CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BY:
Deputy Clerk
TOM HENNING, CHAIRMAN
Approved as to fonn and legal
sufficiency;
~arjOrie Studem,Stirling
Assistant County Attorney
Page 2 of 2
Item Number:
Item Summary:
Meeting Date:
Page ] of I
Agenda Item No. 17 A
December 2, 2008
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
Recommendation to the Board of County Commissioners to adopt the attached Ordinance
pertaining to the Storage, Parking and Use of Recreational Vehicles to the Collier County
Code of Laws and Ordinances pursuant to Board Direction,
12/2/2008900:00 AM
Prepared By
Marlene Serrano
CDES
Investigative Supervisor
Date
Code Enforcement
11/18/20084:41:31 PM
Approved By
Marjorie M. Student~Stirling
County Attorney
Assistant County Attorney
Date
County Attorney Office
11/18/20084:50 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
11/18/20084:55 PM
Approved By
Diane 8. Flagg
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
11/18/20089:58 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
11/19/20082:48 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
11/20/2008 3:07 PM
A pproved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
11/20/20084:45 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
11/20/20085:14 PM
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