Chapter 250 - Planning (Special Acts) Chapter 250
PLANNING*
Article I. In General
Secs. 250-1-250-25. Reserved.
Article II. Planning,Zoning and Subdivision Regulations
Division 1. Generally
Sec. 250-26. Definitions.
Sec. 250-27. Scope.
Sec. 250-28. Statement of intent.
Sec. 250-29. Areas and jurisdictions which may qualify
Sec. 250-30. Continuation of existing plans,ordinances and regulations.
Sec. 250-31. Violation.
Sec. 250-32. Enforcement of ordinance or regulation,legal proceedings.
Sec. 250-33. Planning commissions.
Sec. 250-34. Functions,powers and duties.
Sec. 250-35. Comprehensive plan-Generally.
Sec. 250-36. Same-Review and amendment.
Sec. 250-37. County hearing examiner program;implementation.
Sec. 250-38. Severability.
Secs. 250-39-250-50. Reserved.
Division 2. Zoning
Sec. 250-51. General provisions.
Sec. 250-52. Establishing district boundaries; adoption of regulations.
Sec. 250-53. Amendment.
Sec. 250-54. Continuity.
Sec. 250-55. Board of zoning appeals-Generally.
Sec. 250-56. Same-Powers and duties.
Sec. 250-57. Exercise of powers.
Sec. 250-58. Appeal from decision of administrative official.
Sec. 250-59. Staying of work on premises.
Sec. 250-60. Review of decisions;precedence;costs of action.
Secs. 250-61-250-70. Reserved.
Division 3. Subdivision Regulations
Sec. 250-71. Statement of intent regarding subdivision regulation.
Sec. 250-72. Preparation,recommendation.
Sec. 250-73. Approval of plats.
Sec. 250-74. Participation by other agencies.
Sec. 250-75. Plats outside incorporated areas.
Sec. 250-76. Erection of buildings adjacent to unapproved streets.
*Code reference-Ordinances pertaining to planning,ch. 106.
Cross references-Buildings and building regulations,ch.214;subdivisions, ch. 266.
Land development code reference-Growth planning department,div.5.11.
State law reference-Local Government Comprehensive Planning and Land Development Regulation Act,F.S.§ 163.3161 et
seq.
Supp. No. 24 SA250:1
PLANNING §250-27
ARTICLE I. IN GENERAL shall mean a resolution of the board of county
commissioners, or shall mean such other appro-
Secs. 250-1-250-25. Reserved. priate official action as is customarily taken by
the governing body involved, regardless of how
such official action is regularly called.
ARTICLE II. PLANNING, ZONING AND
SUBDIVISION REGULATIONS Plat. Includes map, plan or replat, and is a
pictorial representation of a subdivision.
DIVISION 1. GENERALLY Subdivision. The division of a parcel of land
into two or more lots or parcels of land, for the
Sec. 250-26. Definitions. purpose,whether immediate or future,of transfer
As used in this Act, the following words or of ownership,a map or plat of which is recorded in
phrases have the meaning indicated below: the public records of the county, and intended for
use as residential, multifamily, commercial or
Area. The complete area qualifying under the industrial properties. The term includes a
provisions of this Act, whether this be all of the resubdivision and, when appropriate to the con-
lands lying within the limits of a municipality, text, shall relate to the process of subdividing or
lands in and adjacent to municipalities, all unin- to the land subdivided.
corporated lands within Collier County, the por-
tions of such unincorporated areas as may qualify Street. The primary means of access, whether
under the provisions of this Act,or areas compris- public or private, to a lot or parcel of land.
ing combinations of the lands in municipalities Special exception. As used in connection with
and Collier County. the provisions of this Act dealing with zoning, a
Due public notice. As used in the phrase"public special exception is a use that would not be
�-- hearing or hearings with due public notice" in- appropriate generally or without restriction
volves the following requirements: Unless other- throughout the particular zoning district or clas-
wise expressly provided for by F.S. § 125.66, as sification but which, if controlled as to number,
amended, or F.S. § 166.041, as amended, as may area, location or relation to the neighborhood,
be applicable, due public notice requires that at would promote the public safety, health, comfort,
least 15 days' notice of the time and place of such good order, appearance, convenience, prosperity,
hearings shall be published one time in a news- morals and the general welfare.Such uses may be
paper of general circulation in the area. The permitted in such zoning district or classification
notice shall state the time and place of the hear- as special exceptions,if specific provision for such
ing, the nature of the matter to be discussed and special exceptions is made in the zoning ordi-
that written comments filed with an appropriate nance.
designated official will be heard.
The singular usage includes the plural and the
Governing body. The municipal commission or plural the singular.
council, county commission, or any other chief (Laws of Fla. ch. 67-1246, § 3; Laws of Fla. ch.
local governing unit, however designated, for the 2001-344, § 1)
political jurisdiction affected.
Nonconformity. A lot, structure, or use of land, Sec. 250-27. Scope.
or any combination thereof, which is not in corn-
All municipalities lying within the County of
pliance with a zoning ordinance, but which was Collier,State of Florida,and the County of Collier,
lawfully created or begun prior to adoption of the of the State of Florida, may plan, may zone, may
zoning ordinance provisions with which it does regulate subdivisions and may establish and main-
not comply.
tain the boards, hearing examiners, and commis-
Ordinance. When used in relation to Collier sions described herein for carrying out the pur-
County or the board of county commissioners poses of this Act.The powers delegated by this Act
Supp.No. 24 SA250:3
§250-27 COLLIER COUNTY CODE
may be employed by municipalities or the county any official agreement by the governing body or
individually, or, by mutual agreement, in such bodies of such municipalities, municipality and
combinations as common interest dictate. the county, or municipalities and the county.
(Laws of Fla. ch. 67-1246, § 1; Laws of Fla. ch. (Laws of Fla. ch. 67-1246, § 4)
2001-344, § 1)
Sec. 250-30. Continuation of existing plans,
Sec. 250-28. Statement of intent. ordinances and regulations.
It is the intent of this article to enable munic- Existing comprehensive plans or parts thereof,
ipalities lying within the County of Collier, State zoning ordinances and subdivision regulations
of Florida, and the County of Collier, of the State adopted prior to this Act shall continue in effect
of Florida, to plan, to zone and to regulate subdi from the effective date of this article until super-
visions, in order to preserve and enhance their
seded as if all adoption procedure required by this
advantages, overcome their handicaps, and pre
act had been followed and the fact and method of
vent or minimize such future problems as may be
foreseen. The provisions of this act are designed enactment thereof are hereby ratified and con
to promote,protect and improve the public health, firmed. All changes in plans, ordinances or regu
safety, order, comfort, convenience, appearance lations after the effective date of this article shall
and general welfare.Any governing body may,but be made in accordance with this article.
shall not be required to, exercise the powers set (Laws of Fla. ch. 67-1246, § 27)
forth in this article. Whenever a governing body
shall elect to exercise the powers granted in this Sec. 250-31. Violation.
article, such powers shall be exercised in the —�
manner hereinafter prescribed. (a) A violation of this article or of any zoning
(Laws of Fla. ch. 67-1246, § 2) ordinance or regulation enacted pursuant hereto
may be enjoined in the circuit court of Collier
Sec. 250-29. Areas and jurisdictions which County.In any such injunction proceeding brought
may qualify. by a governing body hereunder in which such
governing body prevails the defendant shall be
(a) Municipalities. Any municipality in Collier obligated to pay the costs of the proceedings, and
County may exercise any of the powers granted reasonable attorneys' fees of the governing body
under the provisions of this article in the area to be assessed by the court.
within its corporate limits.
(b) Municipalities. Any municipality in Collier (b) In case any building, structure or sign is
Placed, located, relocated, erected, constructed,
County may exercise any of the powers granted
reconstructed, altered,repaired,converted,main-
under the provisions of this article in the total
tained or removed, or any building, structure,
unincorporated area within its boundaries.
sign or object,land or water is used in violation of
(c) Portions of the county. Collier County may this article or of any ordinance or other regulation
exercise the powers granted under the provisions made under authority conferred hereby,the proper
of this article for any suitable portion or portions local authorities of the governing body or bodies of
of its entire unincorporated area. such area, in addition to other remedies, may
institute any appropriate action or proceedings to
(d) Combinations of municipalities or munici- prevent such unlawful placement, location, relo-
palities and the county. A combination of munici- cation, erection, construction, reconstruction, al-
palities, of a municipality and the county, or a teration, repair, conversion, maintenance, re-
combination of municipalities and the county may moval or use, to restrain, correct or abate such
jointly exercise the powers granted under the violation, to prevent the occupancy of said build- -1
provisions of this article upon formal adoption of ing, structure, object,land or water, or to prevent
Supp.No.24 SA250:4
PLANNING §250-33
any act,conduct,business,or use in or about such sideration of the vote if he so requests in
premises in violation of this Act or of any ordi- writing within 30 days of the date upon
nance or regulation made pursuant to it. which the vote is taken.
(Laws of Fla. ch. 67-1246, § 19)
(2) Whenever a vacancy occurs on a planning
Sec. 250-32. Enforcement of ordinance or commission which reduces the member-
regulation, legal proceedings. ship of the planning commission below
five, the governing body shall fill such
(a) The governing body of any area shall pro- vacancy for the remainder of the term.No
vide for the enforcement of any ordinance or meetings of a planning commission shall
regulation made by it under the provisions of this be held when the membership is less than
article, and the proper authorities of the govern- five.
ing body of such area may institute any appropri-
ate action or proceedings to prevent, correct or (c) Officers, rules of procedure, employees, sal-
penalize any violation of such ordinance or regu- aries and expenses. Planning commissions shall
lations. elect a chairman and a vice-chairman from among
the members. Terms of all offices shall be for one
(b) The governing body of any area may em- year, with eligibility for reelection.
ploy such personnel as they deem necessary to
carry out the provisions of this article, and may (1) Planning commissions shall by majority
pay reasonable salaries for such services. vote of the entire membership adopt rules
(Laws of Fla. ch. 67-1246, § 26) of procedure for the transaction of busi-
ness, and shall keep a record of resolu-
Sec. 250-33. Planning commissions. tions, transactions, findings and determi-
nations. Planning commissions may
(a) Establishment and composition. The gov- provide for transcription of such hearings
erning bodies of municipalities and Collier County and proceedings, or portion of hearings
are hereby authorized to establish one or more and proceedings, as may be deemed nec-
planning commissions for Collier County, to have essary. All such records shall be public
jurisdiction respectively over certain geographic records.
areas of Collier County which shall be specifically
described by the resolution or other official action (2) Planning commissions may, subject to the
establishing the planning commissions, and ap approval of the governing body concerned
point members thereto who reside in the respec- and within the financial limitations set by
tive districts, and are electors therein. Planning appropriations made or other funds avail
commissions shall have not less than five, nor able, employ such experts, technicians
more than ten members, and none of such mem and staff as may be deemed proper, pay
bers shall be in the pay of the county or munici-
pality or elected officer-holders of any of the ditures as are necessary to conduct the
jurisdictions served. work of the planning commission and
effectuate its purposes.
(b) Terms of office, removal from office, vacan-
cies. Terms of office of planning commission mem-
bers shall be for not less than two nor more than receive salary and such travel and other
four years and not more than a minority of such expenses while on official business for the
members' terms shall expire in any one year. commission as are made available by the
governing body for these purposes.
(1) Any member of a planning commission
may be removed from office by four-fifths (d) Appropriations, fees and other income. The
vote of the full membership of the appoint- governing body for the area is hereby authorized
ing governing body,but such member shall and empowered to make appropriations for con-
be entitled to a public hearing and recon- duct of the work of the planning commission.
Supp.No.24 SA250:5
§250-33 COLLIER COUNTY CODE
(e) Schedule of fees. The governing body is maintenance of the various components of
authorized and empowered to establish a sched- the comprehensive plan, and such addi-
ule of fees, charges and expenses, and a collection tional public hearings as are specified
procedure therefor. under the provisions of this Act or may be
(Laws of Fla. ch. 67-1246, § 5) required by ordinance.
Code references—Boards,commissions,committees and
authorities, §2-816 et seq.;planning, ch. 106. (7) In addition, a planning commission may
Land development code reference—Planning commis- make, cause to be made, or obtain special
sion, div. 5.2. studies on the location, condition and ad-
equacy of specific facilities of the area.
Sec. 250-34. Functions, powers and duties. These may include,but are not limited to,
The functions, powers and duties of planning studies on housing,commercial and Indus
commission shall be, in general: trial facilities,parks,playgrounds,beaches
and other recreational facilities, schools,
(1) To acquire and maintain in current form public buildings, public and private utili-
such basic information and materials as ties, traffic, transportation and parking.
are necessary to an understanding of past
trends, present conditions, and forces at (8) To perform any other duties which may be
work to cause changes in these condi- lawfully assigned to it.
tions. Such basic information and materi- (Laws of Fla. ch. 67-1246, § 6; Laws of Fla. ch.
als may include maps and photographs of 2001-344, § 1)
man made or natural physical features of
the area concerned,statistics on past trends Sec. 250-35. Comprehensive plan—Gener-
and present conditions with respect to ally. ._.1
population,property values,economic base, (a) Preparation. When basic information for a
land use and such other information as is planning area has been brought together, the
important or likely to be important in
determining the amount, direction and planning commission for that area shall prepare a
kind of development to be expected in the comprehensive general plan for the physical de-
area and its various parts. velopment of the area, based on existing and
anticipated needs, showing existing and proposed
(2) To prepare, and from time to time recom- improvements in the area, stating the principles
mend amendment and revisions to,a corn- according to which future development should
prehensive and coordinated general plan proceed and the manner in which such develop-
for meeting present requirements and such ment should be controlled. The comprehensive
future requirements as may be foreseen. plan may also include a long-range financial pro-
(3) To prepare and recommend principles and gram for public improvements. The plan shall be
policies for guiding the development of prepared with the general purpose of guiding and
the area. accomplishing a coordinated, adjusted and har-
monious development of the area which will, in
(4) To prepare and recommend ordinances accordance with existing and future needs, best
designed to promote orderly development promote public health, safety, order, comfort, con-
along the lines indicated by official prin- venience, appearance and the general welfare, as
ciples and policies and the comprehensive well as efficiency and economy in the process of
plan. development. The comprehensive plan may con-
(5) To keep the governing body and the gen- sist of a number of functional components, and
eral public informed and advised on mat- need not be embodied in a single document.
ters relating to planning. (b) Approval. The planning commission shall
(6) To conduct such public hearings as may approve the comprehensive plan,either as a whole
be required to gather information neces- or in part, as substantial portions, corresponding --�
sary for the drafting, establishment and generally with functional or geographic classifica-
Supp.No.24 SA250:6
PLANNING §250-51
tions, are completed. A public hearing or hear- Sec. 250-37. County hearing examiner pro-
ings, with due public notice, shall be held before gram; implementation.
approval of the comprehensive plan or a portion
or portions thereof. The method and procedures for implementing
(1) The approval of the plan or a portion a county hearing examiner program shall be as
thereof shall be by resolution carried by set forth by county ordinance.
the affirmative vote of a majority of the (Laws of Fla. ch. 2001-344, § 1(31))
full membership of the planning commis-
sion. The resolution shall refer expressly Sec. 250-38. Severability.
to the maps, descriptive material, and
other matters intended by the planning If any section, sentence, clause, phrase, or
commission to form the whole or part of word of this Act is for any reason held or declared
the plan, the action taken shall be re- to be unconstitutional, invalid, or inoperative,
corded on the approved plan or parts such holding or invalidity shall not affect the
thereof by the identifying signature of the remaining portions of this Act, and it shall be
chairman of the commission,together with construed to have been the legislative intent to
the date of such action, and a copy of the pass this Act without such unconstitutional, in-
plan or part thereof shall be promptly valid,or inoperative part therein;and the remain-
forwarded to the governing body for its der of this Act, after the exclusion of such part or
action. parts, shall be deemed and held to be valid as if
(c) Adoption. The governing body may by ap such parts had not been included therein.
propriate official action formally adopt a compre- (Laws of Fla. ch. 2001-344, § 2)
hensive plan either as a whole or as substantial
portions, corresponding generally with functional
••...-' or geographic classifications, are received from Secs. 250-39-250-50. Reserved.
the planning commission.
(Laws of Fla. ch. 67-1246, § 7) DIVISION 2. ZONING*
Sec. 250-36. Same—Review and amendment. Sec. 250-51. General provisions.
(a) So often as is desirable and necessary, the
comprehensive plan or the completed parts thereof (a) Purposes and districts. For the purpose of
shall be reviewed by the planning commission to guiding and accomplishing coordinated, adjusted
determine whether changes in the amount, kind and harmonious development in accordance with
or direction of development of the area, or other existing and future needs, and in order to protect,
reasons, make it beneficial to make additions or promote and improve public health, safety, order,
amendments. comfort, convenience, appearance and general
welfare,the governing body or bodies of an area or
(b) If the governing body desires an amend- areas described under section 250-29, in accor-
ment or addition to the comprehensive plan, it dance with the conditions and procedures speci-
may, on its own motion, direct the planning com- feed in this act, may enact or amend a zoning
mission to initiate consideration of and prepare ordinance or ordinances. In such ordinance or
recommendations on such amendment, and the ordinances the governing body shall create zoning
planning commission shall do so within a reason- districts in such number, shape and size as may
able time as established by the governing body. be deemed best suited to carry out the purposes of
this act. Ordinances need not be uniform in all
(c) The procedure for adding to or amending geographic areas of the county served by different
the comprehensive plan shall be the same as the planning commissions, but the provisions of zon-
procedure for its original adoption and approval.
(Laws of Fla. ch. 67-1246, § 8) *Land development code reference—Zoning,art.2.
Supp.No. 24 SA250:7
§250-51 COLLIER COUNTY CODE
ing ordinances may vary from geographic area to to§9(a)(1),the same has been retained.The title of the 1969
geographic area established under subsection 250- act does not indicate that there was an intent to delete
33(a). §9(a)(1).
(1) Special districts or zones may be estab-
lished in those areas deemed subject to Sec. 250-52. Establishing district boundaries;
seasonal or periodic flooding or where adoption of regulations.
necessary for flowage of water during the
time of floods, and such regulations may (a) Tentative report by planning commission.
be applied therein as will minimize dan- Tentative recommendations as to the boundaries
ger to life and property. of districts and the regulations to be enforced
therein may be prepared by a planning commis-
(b) What may be regulated. Within the estab- sion for its planning area on its own initiative, or
lishing zoning districts the governing body or at the request of the governing body.The commis-
bodies may regulate and determine: sion may hold preliminary hearings and confer-
(1) Height, number of stories, size, location, ences at such times and places and upon such
relocation, erection, construction, recon- notice as it may determine to be necessary to
struction, alteration, removal and use of inform itself in the preparation of the tentative
buildings, structures, and signs. report. The tentative report, which shall include
(2) Use of land and water for commerce, the proposed zoning ordinance with maps and
industry, residence, agriculture, recre- other explanatory material, shall be made to the
ation,forestry,resource,conservation,and governing body by the planning commission. A
other lawful purposes. recommendation shall only be made when ap-
proved by a vote equal in number to a majority of
(3) Size of yards,courts and other open spaces. the full membership of the commission.
(4) Percentage of lot that may be occupied.
(5) Density and distribution of population. (b) Action on tentative report. The governing
body or bodies of the area shall consider the
(6) Expansion, change or elimination of tentative report of the planning commission and
nonconformities. Notice of elimination of shall return it, with any suggestions and recom-
nonconformities shall be recorded in the mendations, to the planning commission so that
official records of the county. the planning commission may prepare a final
(7) Damage or nuisance producing character- report.
istics such as, but not limited to noise,
vibration, glare, and the handling of gas- (c) Final report and action. A final report on
eous, liquid and solid wastes, including the zoning regulations shall be made to the gov-
junk and wrecked automobiles and appli- erning body after the planning commission has
ances, and trash. considered the suggestions and recommendations
(c) District regulations, boundaries. Regula of that body, and after a public hearing with due
tions and district boundaries shall be designed to public notice. After the final report has been
help accomplish the objectives and purposes set submitted by the planning commission, the gov
forth in paragraph (a) of this section, and the erning body shall afford all interested persons an
comprehensive plan. The regulations shall apply opportunity to be heard with reference to it at a
uniformly to each class or kind of use throughout public hearing or hearings, with due public no
the zoning districts in which that use is permit- tice, and shall act upon the proposed zoning
ted, under the particular ordinance involved. regulations. No ordinance under the authority of
(Laws of Fla. ch. 67-1246, § 9; Laws of Fla. ch. this division shall be passed until after the final
69-964, §§ 1, 2) report of the planning commission has been re-
Editor's note—Laws of Fla.ch.69-964,§1 amended Laws ceived by the governing body or bodies.
of Fla. ch.67-1246, §9(a).As the 1969 act made no reference (Laws of Fla. ch. 67-1246, § 10)
Supp.No.24 SA250:8
PLANNING §250-55
Sec. 250-53. Amendment. may act as such board or boards of zoning appeals
(a) The governing body may from time to time itself.Boards of zoning appeals shall have not less
amend or supplement the regulations and dis- than five nor more than ten members. Not more
tricts fixed by any zoning ordinance adopted pur- than two members of a board of zoning appeals
suant to this Act. Proposed changes may be sug- may be members of a planning commission.
gested by the governing body, by the planning
commission, by the hearing examiner, or by peti-
tion of the owners of 50 percent or more of the (b) Tenure, organization. Unless the governing
area involved in the proposed change. In the body acts as a board of zoning appeals,then terms
latter case, the petitioner or petitioners may be of office, removal from office; vacancies, shall be
required to assume the cost of public notice and treated as follows:
other costs incidental to the hearings.
(b) The planning commission,regardless of the (1) Terms of office of members of the board of
source of the proposal for change, shall hold a zoning appeals shall be for not less than
public hearing or hearings thereon, with due two nor more than four years, and not
public notice, and submit its recommendation on more than a minority of such members'
the proposed change to the governing body,except terms shall expire in any one year.
that the county planning commission may only
render recommendations for those proposed (2) Any member of a board of zoning appeals
changes which pertain to the county and which may be removed from office for just cause
would change the actual list of permitted, condi- by four-fifths vote of the full membership
tional, or prohibited uses within a zoning cate- of the appointing governing body,but such
gory, or otherwise would alter or amend provi- member shall be entitled to a public hear-
sions of the county's codified land development ing if he so requests in writing within 30
regulations. The governing body shall hold a days of the date upon which the vote is
public hearing or hearings thereon, and shall act
on the recommendation. No change in the zoning taken.
ordinance shall become effective except by an
affirmative vote of four-fifths of the full member- (3) Wherever a vacancy occurs on a board of
ship of the governing body. zoning appeals which reduces the mem-
(Laws of Fla. ch. 67-1246, § 11; Laws of Fla. ch. bership of the board of zoning appeals
2001-344, § 1) below five, the governing body shall fill
Sec. 250-54. Continuity. such vacancy for the remainder of the
In the event any unincorporated territory within term, within 30 days after the vacancy
Collier County shall hereafter become incorpo- occurs. No meetings of a board of zoning
rated, to insure that there shall be no lapse of appeals shall be held when the member-
zoning, any and all zoning regulations which may ship is less than five.
be in effect in such territory and administered by
the county shall remain in full force and effect (c) Officers, rules of procedure, employees and
and shall continue to be administered and en- expenses. Boards of zoning appeals shall elect a
forced by the county under this zoning law until chairman and vice-chairman from among the
such time as municipal zoning within such terri- members, and may create and fill such other
tory shall be adopted and take effect. officers as are determined to be necessary. Terms
(Laws of Fla. ch. 67-1246, § 12) of all offices shall be for one year, with eligibility
Sec. 250-55. Board of zoning appeals—Gen- for reelection.
erally.
(a) Establishment and composition. The gov- (1) Boards of zoning appeals shall adopt rules
erning body may appoint a board or boards of for the transaction of business, and shall
zoning appeals for its planning area or areas, or keep a record of resolutions,transactions,
Supp.No.24 SA250:9
§250-55 COLLIER COUNTY CODE
findings, and determinations. Boards of (b) No administrative appeal shall be consid-
zoning appeals may provide for transcrip- ered by a board of zoning appeals or the governing
tion of such hearings and proceedings, or body acting as a board of zoning appeals except
portion of hearings and proceedings, as after public hearing with due public notice.
maybe deemed necessary.All such records (Laws of Fla. ch. 67-1246, § 14; Laws of Fla. ch.
shall be public records. 2001-344, § 1)
(2) Boards of zoning appeals may, subject to Sec. 250-57. Exercise of powers.
the approval of the governing body con-
cerned and within the financial limita- In exercising its powers, boards of zoning ap-
tions set by appropriations made or other peals or the governing body may, in conformity
funds available,employ such experts,tech- with the provisions of this Act and the zoning
nicians and staff as may be deemed proper, ordinance, reverse or affirm, wholly or partly, or
pay their salaries and make such other may modify the administrative order, require-
expenditures as are necessary to conduct ment, decision or determination made by an ad-
the work of the board of zoning appeals ministrative official in the enforcement of any
and effectuate its purposes. zoning ordinance or regulation adopted pursuant
to this Act, and appealed from, and may make
(3) Members of boards of zoning appeals may such administrative order, requirement, decision
receive such travel and other expenses or determination as ought to be made,and to that
while on official business for the board as end shall have all the powers of the officer from
are made available by the governing body whom the administrative appeal is taken.
for these purposes. (Laws of Fla. ch. 67-1246, § 15; Laws of Fla. ch.
(d) Appropriations,fees and other income. The 2001 344, § 1) --...,
governing body for the area under the jurisdiction Sec. 250-58. Appeal from decision of admin-
of a board of zoning appeals is hereby authorized istrative official.
and empowered to make such appropriations as it
may see fit for the conduct of the work of the (a) Appeals to a board of zoning appeals or the
board of zoning appeals. The governing body is governing body, as the case may be,may be taken
authorized and empowered to establish a sched- by any person aggrieved or by any officer, depart-
ule of fees, charges and expenses, and a collection ment, board, or bureau of the governing body or
procedure therefor. bodies in the area affected by the administrative
(Laws of Fla. ch. 67-1246, § 13) decision, determination or requirement made by
Code reference—Boards, commissions, committees and the administrative official. Such appeals shall be
councils, §2-816 et seq. taken within 30 days by filing with the adminis-
Land development code reference—Board of zoning trative official a written notice specifying the
appeals, §250-55. grounds thereof. The administrative official shall
forthwith transmit to the board all papers, docu-
Sec. 250-56. Same—Powers and duties. ments, and maps constituting the record of the
(a) Boards of zoning appeals or the governing administrative action from which an appeal is
body acting as a board of zoning appeals in the taken.
event it so elects, shall have the following powers (b) Due public notice of the hearing on the
and duties: administrative appeal shall be given.
(1) To hear and decide administrative ap- (c) Upon the hearing,any party may appear in
peals where it is alleged there is error in person or by attorney.A decision shall be reached
any order,requirement,decision,interpre- by the appellate body within 30 days of the
tation or determination made by an ad- hearing;otherwise,the action appealed from shall
ministrative official in the enforcement of be deemed affirmed.
any zoning ordinance or regulation adopted (Laws of Fla. ch. 67-1246, § 16; Laws of Fla. ch. --�,
pursuant to this Act. 2001-344, § 1)
Supp.No.24 SA250:10
PLANNING §250-71
Sec. 250-59. Staying of work on premises. concisely set forth such other facts as may be
pertinent and material to show the grounds of the
When an appeal from the decision of any ad- decision appealed from and shall be verified.
ministrative official has been filed with the ad-
ministrative official, all proceedings and work on (d) If, upon the hearing, it shall appear to the
the premises concerning which the decision was court that testimony is necessary for the proper
made shall be stayed unless the official from disposition of the matter, it may take evidence or
whom the appeal was taken shall certify to the appoint a referee to take such evidence as it may
board of zoning appeals that by reason of facts direct and report the same to the court with his
stated in the certificate a stay would cause immi- findings of fact and conclusions of law,which shall
nent peril to life or property. In such case, pro- constitute a part of the proceedings upon which
ceedings, or work shall not be stayed except by a the determination of the court shall be made.The
restraining order which may be granted by the court may reverse or affirm, wholly or partly, or
board of zoning appeals, or by a court of record. may modify the decision brought up for review.
(Laws of Fla. ch. 67-1246, § 17)
(e) All issues in any proceedings under this
Sec. 250-60. Review of decisions;precedence; section shall have preference over all other civil
costs of action. actions and proceedings.
(f) Costs shall be allowed to the petitioner only
(a) Review of decisions of boards of zoning if it shall appear to the court that the board acted
appeals is exclusively by the circuit court of with gross negligence, or in bad faith, or with
Collier County. Any person or persons,jointly or malice in making the decision appealed from.
severally, aggrieved by any decision of a board of (Laws of Fla. ch. 67-1246, § 18)
zoning appeals, or any taxpayer, or any officer;
department, board or bureau of the governing
body, may present to the Circuit Court of Collier Secs. 250-61-250-70. Reserved.
County a petition,duly verified,setting forth that
such decision is illegal, in whole or in part, and DIVISION 3. SUBDIVISION REGULATIONS*
specifying the grounds of the illegality. Such pe-
tition shall be presented to the court within 30
days after the decision of the board of zoning Sec. 250-71. Statement of intent regarding
appeals. subdivision regulation.
(b) Upon the presentation of such petition the (a) The public health, safety, morals and gen-
court may allow a writ of certiorari directed to the eral welfare require the harmonious, orderly, and
board of zoning appeals to review such decision of progressive development of land within the state.
the board of zoning appeals and shall prescribe In furtherance of this purpose, this Act permits
therein the time within which a return thereto regulation of the subdivision of land by Collier
must be made and served upon relator's attorney, County and the municipalities of Collier County.
which shall not be less than ten days and may be (b) Such regulations shall be devised to aid in
extended by the court. The allowance of the writ the coordination of land development in the mu-
shall not stay proceedings upon the decision ap- nicipalities and Collier County in accordance with
pealed from,but the court may, on application, on orderly patterns, and to implement such compre-
notice to the board, and on due cause shown, hensive plans, or parts thereof, and such zoning
grant a restraining order. ordinances and other measures in furtherance of
(c) The board of zoning appeals shall not be comprehensive planning as may have been or
required to return the original papers acted upon may hereafter be adopted.
by it, but it shall be sufficient to return certified *Cross reference—Subdivisions,ch.266.
or sworn copies thereof or of such portions thereof Land development code reference Subdivisions, div.
as may be called for by such writ.The return shall 3.2.
Supp.No.24 SA250:11
§250-71 COLLIER COUNTY CODE
(c) It is the further intent of this act to secure: furtherance thereof; and that sufficient and suit-
(1) The establishment of standards of subdi able monuments be placed to enable the survey of
vision design and construction which will the subdivision or any part thereof to be retraced.
encourage the development of sound and
economically stable communities, and the (d) Such regulations may include require
creation of attractive and healthful living ments on the extent to which and manner in
environments. which streets shall be graded,constructed,drained,
and improved;the elevation or elevations to which
(2) The efficient,adequate and economic sup- low land shall be filled;the size of blocks and lots;
ply of utilities and services to new land the dedication or reservation of land for streets,
developments. school sites, recreation areas and utilities sites;
(3) The prevention of traffic hazards and the and the location of utility easements and utilities
provision of safe and convenient traffic installation, as a condition or conditions prece-
circulation, both vehicular and pedes- dent to approval of the plat.
trian, in new land developments.
(4) The establishment of adequate flood pro- (e) Before adoption of its subdivision regula
tection, water conservation and other fa- tions or any amendment thereof, the governing
cilities and measures in new land devel- body shall hold a public hearing thereon with due
opments. public notice.
(5) The establishment of adequate easements, (f) If completion of any improvements is re-
rights of way, roads, sidewalks and walk- quired as a condition precedent to final approval
ways in new land developments. of the plat, such regulations may provide that in --�
(6) The provision of appropriate recreational lieu of the completion of such improvement or
lands, open spaces and public institu- improvements, work or installations previous to
tional and utility sites in new land devel- the final approval of a subdivision plat, the gov-
opments. erning body may accept a bond or other security
(Laws of Fla. ch. 67-1246, § 20) in form and amount and with conditions and
surety satisfactory to it, providing for the secur-
Sec. 250-72. Preparation, recommendation. ing to the public the actual improvement or im-
provements, work or installations, within a pe-
(a) The planning commission for an area shall riod determined by the governing body, and
prepare and recommend to the governing body, expressed in the security, and the governing body
subdivision regulations for that area.The govern- is hereby granted the power to enforce such
ing body may, after due public notice, adopt sub- security by appropriate legal and equitable rem-
division regulations. edies.
(b) Such regulations may provide that streets (Laws of Fla. ch. 67-1246, § 21)
in the subdivision,including streets bordering the
subdivision, shall be constructed of such materi- Sec. 250-73. Approval of plats.
als, be of such widths and grades and be so
located that they will accommodate prospective (a) All final subdivision plats shall be pre
traffic, serve the subdivision and the adjoining pared in accordance with the subdivision regula-
area adequately, afford adequate light and air, tions and with F.S. Ch. 177, and submitted to the
facilitate fire protection, and be so coordinated as governing body for approval.
to compose a convenient system.
(c) Such regulations shall provide that the (b) The governing body shall approve or disap-
layout of the subdivision conform to good land prove final plats within a reasonable time after
planning design principles, to the comprehensive the submission thereof. If a plat is disapproved, -�
plan for the area and to measures adopted in the grounds for disapproval shall be stated in the
Supp.No.24 SA250:12
PLANNING §250-76
records of the governing body, and a statement of (2) The street is shown on a recorded subdi-
such grounds of disapproval shall be furnished to vision plat, or
the subdivider or his agent. (3) The street, easement or private way is
(Laws of Fla. ch. 67-1246, § 22) determined by the governing body to be
adequate in the circumstances of the par-
Sec. 250-74. Participation by other agen- ticular situation and to meet reasonable
cies. standards; or
Nothing contained in this act shall prevent the (4) If so authorized by subdivision regula-
governing body from assigning part or all of the tions adopted under the provisions of this
responsibility for reviewing and processing subdi- act, a building permit may be issued for
vision plans in accord with the requirements of construction of a building concurrently
the subdivision regulations to its agents or other with the installation of required street
governmental agencies, and governing bodies are improvements, but no such permit shall
hereby empowered to make such assignment of express or imply any right of occupancy
part or all of such duties as may be contained in and use of such building, and the govern-
the subdivision regulations, except that final sub- ing body may require that such building
division plats must be acted upon by the govern- shall not be occupied or used until the
ing body, as required by F.S. ch. 177. street improvements have been satisfac-
(Laws of Fla. ch. 67-1246, § 23) torily completed.
(Laws of Fla. ch. 67-1246, § 25)
Sec. 250-75. Plats outside incorporated ar-
eas.
No plat or map of land in Collier County,
Florida, lying outside the municipal limits of any
incorporated municipality shall be recorded
whether as an independent instrument or by
attachment to another instrument entitled to
record, unless and until it shall have complied
with the provisions herein stated.
(Laws of Fla. ch. 67-1246, § 24)
Sec. 250-76. Erection of buildings adjacent
to unapproved streets.
(a) In any area which is covered by the provi-
sions of a zoning ordinance, the following limita-
tions shall apply concerning erection of buildings
adjacent to unapproved streets.
(b) No building shall be erected on a lot or
parcel of land within the area, nor shall any
zoning clearance be issued therefor, unless:
(1) The street giving access to the lot or
parcel on which such building is proposed
to be placed has been accepted and opened
as a public street or has otherwise re-
ceived the legal status of a public street,
or
Supp. No.24 SA250:13
.‘•--- Chapters 251-253
RESERVED
SA251:1