Ordinance 90-003 ORDINANCE NO. 90-
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 82-2, THE COMPREHENSIVE
;j~ ZONING REGULATIONS OF COLLIER COUNTY;
AMENDING SECTION 11, BOARD OF ZONING:.~c
~; "~ APPEALS: POWERS, DUTIES AND PROCEDURES,
~ : SUBSECTION 11 l(e), PROVISIONAL USES;
c. AMENDING SECTION 13, PROVISIONAL USES,
~ ~'/~-~ SUBSECTION 13.3, BOARD OF ZONING APPEALS;
·.~!·. AFFIRMATIVE VOTES BY THE BOARD OF ZONING
'~ ~'U APPEALS FOR THE APPROVAL OF A PROVISIONAL
~ ~ USE PETITION; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the rezoning of property within the unincor;o~'ated
area of Collier County requires four affirmative votes
Board of County Commissioners; and
WHEREAS, the approval of a provisional use petition the
Board of Zoning Appeals for property within the unincorPOrated
area of Collier County currently requires only three affi~ tire
votes of the Board of Zoning Appeals; and
WHEREAS, the Board of County Commissioners, as the gove~ning
board of Co
llier County and in its capacity as the Board
Appeals, deems it necessary and appropriate to requi~' four,.~.
affirmative votes for approval of a provisional use ~etitton as
well as a rezone petition;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ~ UNTY
CO~IMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Collier County ordinance No. 82-2, the CDmprehensive. ning
Regulations of Collier County, Section ll, "Board of ~ning
Appeals: Powers, Duties and Procedures", Subsection 1~ (e) ,
"Provisional Uses", is hereby amended to read as follows:
e. Provisional Uses: To hear and decide provision~uses
as authorized under the terms of this Ordinance; to
decide such questions as are involved in the dot Ina-
tion of when provisional uses should be granted; ~"~a%d to
grant provisional uses with appropriate conditi6ns and
safeguards or to deny provisional uses when
ot in
harmony with the purpose and intent of this Ordin~ce.
Words u~de~lined are added;!j~ords s~u~k-~h~eu~h are del .
7:,',: 3'93'
,
The arant of a provisional use bv the Do of
Zonina Appeals shall reouire four affirmative v°~s of
the Board of Zonin~ Appeak~_~
In granting any provisional use the Board .hall
find that such grant will not adversely affe.: the
public interest.
In granting any provisional use the Boar may
prescribe appropriate conditions and safeguards in
with this Ordinance. Violation or,such
conformity
conditions and safeguards when made a part of the{~erms
under which the provisional use is granted sha~l be
deemed a violation of the Ordinance.
The Board may prescribe a reasonable time~imit
within which the action for which the provisional Uss is
required shall be begun or completed or both.
The Planning Commission shall hear all requests for
provisional uses prior to hearing by the Board of ~oning
Appeals. The report and recommendations of the'Pi?~ning
Commission shall be advisory only to the Board °f!~oning
Appeals.
~TION TWO:
Collier County Ordinance No. 82-2, the Comprehensive ning
Regulations, Section 13, "Provisional Uses", Subsectto 3.3,
"Board of Zoning Appeals: Action on Planning Commission R~port",
is hereby amended to read as follows:
13.3 Board of Zoning Appeals: Action on Planning Comz~sion
Report: Upon receipt of the Planning Commi~ion's
report and recommendations, the Board of Zoning A~peals
shall approve, by resolution, oz' deny a petition~for a
provisional use. The approval of a provisiQn~' use
petition shall reGuire four affirmative votes or'said
Do~rd,
Words ~ are added;~words s%~u=k-%h=~ugh are del~
SECTION THREE: Conflict and Severability.
In the event this ordinance conflicts with any er
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of is
Ordinance is held invalid or unconstitutional by any of
competent jurisdiction, such portion shall be deemed a se'
distinct, and independent provision and such holding et
affect the validity of the remaining portion.
SECTION ~IVE: Effective Date.
This Ordinance shall become effective upon receipt of ce
from the Secretary of State that this ordinance has been f~led
with the Secretary of State.
PASSED A%TD DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this 9th day of January , 1990.
ATTEST: BOARD OF COUNTY COMMISSIONEP~
JA/{ES C. GILES, Clerk
COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
'~i$ ordinance filed with the
Kenneth B. Cuyle~/ end ockno~l~d~em.en~t of
County Attorney ~/ fl;la~ r~celved ~ll~ day
3
Words underlined are additions; Words s~a=k-~h~oHgh are delet
037 3'95
STATE OF FLORIDA
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 90-3
which was adopted by the Board of County Commissioners on
the 9th day of January, 1990, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this llth
day of January, 1990.
'~ JAMES C. GILES .,;~
Clerk of Courts and
Ex-officio to Board of .'-i" '"',!
County Commissioners
t Deputy Clerk '