Ordinance 2009-14
ORDINANCE NO. 2009- 14
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING CHAPTER 74 OF THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES, THAT ORDINANCE
BEING THE COLLIER COUNTY CONSOLIDATED
IMPACT FEE ORDINANCE, NO. 20Ot-13, AS AMENDED, 2:;
PROVIDING FOR CHANGES TO THE REQUIREMENTS t:,.
FOR THE ASSESSMENT OF IMPACT FEES FOR c_~
CHANGES OF USE IN EXISTING BUILDINGS THROUGH '~:
THE IMPLEMENTATION OF THE "IMPACT FEE (~:'
PROGRAM FOR EXISTING COMMERCIAL :"c,
REDEVELOPMENT"; ESTABLISHING A SUNSET DATE
, .
FOR THE PROGRAM UNLESS OFFICIALLY EXTENDED C]--~ Co.)
BY THE BOARD OF COUNTY COMMISSIONERS; :>'"
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FORAN EFFECTIVE DATE.
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WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for various facilities since 1978; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, on February 24, 2009, the Board of County Commissioners directed that
the provisions related to the requirements for the assessment of impact fees for "changes of use"
in existing buildings be amended through the implementation of the "Impact Fee Program for
Existing Commercial Redevelopment;" and
WHEREAS, the adoption of this Ordinance incorporates provisions that amend Section
74-201(c) of the Collier County Code of Laws and Ordinances related to change of size or use by
establishing a program through which development shall not be assessed additional impact fees
related to changes of use within an existing building, provided it meets the specified criteria; and
WHEREAS, this Ordinance specifies that this program shall not apply to assessments for
Water and Wastewater Impact Fees.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74-201, Imposition of impact fees, subsection
(c) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-2Ot.
Imposition of impact fees.
***
(c) Change of size or use.
***
(5) Imoact Fee Prof!ram for Existinf! Commercial Redevelooment. Proposed
developments which meet the criteria set forth below shall not be assessed additional
impact fees related to changes of use within the existing buildings. except for water and
wastewater impact fee assessments which are exempt from this program. This program
will officially sunset two years from the date of adoption unless continued by a resolution
ofthe Board of County Commissioners prior to this date.
a. Development is proposed within a lawfully existing building which has had a
Certificate of Occupancy issued for at least 5 years prior to the commencement of
this program. Impact fees for the existing building must have been paid the then
applicable impact fees at time of construction; and
b. Proposed development is soleIv within the existing building and does not
include the addition of any new square footage.
c. Demolition and reconstruction proiects are not eligible for this program
***
SECTION TWO. 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
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall 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-
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lettered and internal cross-references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article." or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this ~yi-4 day of JV\Q(Ch .2009.
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ATTEST"'" !:,
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Dwig4t,E, Brock, ClerkS.,
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By I~" .J~
DON A FIALA, CHAIRMAN
Approved as to forn1
and e a s fi iency:
This ordinance filed with the
Secretory of State's Offi~9
..3f:< day of MAV'cb:}.. -
and acknowledgement 'tlhot
fili~eived ",1$ ~ day
of ~~~~l/
Deputy Clerir:
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-14
Which was adopted by the Board of County Commissioners
on the 24th day of March, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of March, 2009.
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DWIGHT E. BROCK \.
Clerk of Court s,<$nd , cl&t;~
Ex-officio to ,Ward of ~';
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County commis~iqhers ' ~
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Teresa polaski:'
Deputy Clerk