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Ordinance 90-020 ORDINANCE 90- 20 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE ~'!? COMPREHENSIVE ZONING REGULATIONS FOR THE i'; ~ .UNINCORPORATED AREA OF COLLIER COUNTY BY ~- AMENDING SECTION 10.6 SUBSECTION C-l, TEMPORA~RY USE '.' ~ PERMITS TO BETTER DEFINE THE TIME CONSTRAINTS AND -FREQUENCY OF SUCH TEMPORARY USE PERMITS; TO :.~ .ESTABLISH ADDITIONAL TIME LIMITS FOR SUCH PERMITS .... UPON APPROVAL OF BOARD OF COUNTY COMMISSIONERS; TO CHAJgGE REFERENCES FROM ZONING DIRECTOR TO COMMLrNITY DEVELOPMENT SERVICES ADMINISTRATOR; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN 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 by enacting and enforcing zoning and business regulations necessary for the protection of the public including Temporary Use Permits; and WHEREAS, Chapter 163, Part II, (Local Government Comprehensive Planning and Land Development Regulation Act), Florida Statutes, provides that counties shall have the power and responsibility to plan comprehensively for their future development and growth including the adoption and implementation of appropriate land development regulations which are necessary or desirable to implement a comprehensive plan. including the regulation of Temporary Use Permits; and ~EREAS, the Collier County Planning Commission (Local Planning Agency) has determined that this proposed ordinance is consistent with the adopted Growth Management Plan as required by Section 163.3194(2)9a), Florida Statutes; WHEREAS, the Community Development Division, petitioned the Board of County Commissioners of Collier County, Flor~,~ to am.nd ordinance Number 82-2, Section 10.6 Subs.ction ~ ~ ~1~ Temporary Sales, Sport Events, Religious Events, and ~ Community Events; and ~ NOW, THEREFORE BE IT ORDAINED by the Board of o~ County Commissioners of Collier County, Florida: .~ ~ TEMPORARY SALES, SPORTS EVENTS, KELiGIOUS EVENTS AND COFfMUNITY EVENTS Section 10.6, Temporary Use Permits, Subsection c.1, Words-s~muek-~hmeHgh are deleted; words underlined are added. --1-- Temporary Sales, Sports Events, Religious Events and Community Events, of Ordinance Number 82-2, the Zoning Ordinance of Collier County, Florida is hereby amended to read as follows: c. Temporary Sales, Sports Events, Religious Events and Community Events: 1) In the case of temporary sales, such as grand openings, going out of business sales (exclusive of garage sales, lawn sales and similar private home sales), special promotional sales, sports events, religious events and community events or other similar uses. the Community Development Services Admip~strator. or his designee, ~n~ng-Bfre=%er may grant up to two (~) a non-renewable two-week permit~ durin~ any calendar Year for such events. In the case of Christmas Tree Sales; the Community Development Services Administrator. or his ~esiqnee. ~on½ng-B½re~o~ may ~rant ~ non-renewable (ive week permit. Temporary Permits ~ay be allowed for aD additional period of up to four (4) weeks when approved by the Board of County Commi~ioners. Such special approvals shall ~, sub4ect to stipulatioDs QF additional constrai~s deemed necessary and appropriate to the r~cuest~ Such stipulations or constraints deemed necessary bv the Board of County Commissioners shall b~ noted as conditions to the issuance of said permit; and the Dermitee shall be required to sion a notarized aqreement ~o said s~ipulations or constraiD~s, These-~ ~emporary permits may include the placement of temporary signs, merchandise, temporary structures and equipment, and temporary mobile home as an office, but not for residency. If the temporary use is not discontinued upon expiration of the permit, it shall b~ deemed a violation of the Zoning Ordinance and shall be subject to the penalties therein. ~ 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 portion. Words-s~=~=k-~h~ough are deleted; words underli~pd are added. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance hae been filed with the Secretary of State. DATE: }larch 13. 1990 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES C. GILES, CLERK MAX~"A.'HASSE, JR:, CHAiRM~N A~,P~OV.ED AS ..TO FORM AND LEGAL SUFFICIENCY: MA~'JO~Y E M. STUDENT ZO-Bg-30 ORDIN~CE Words-s~=u=k-~h=~ugh are deleted; words underliRgd are added. --3-- STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicla! Circuit, Collier County, Florida° do hereby certify that the foregoing ts a true copy of: Ordinance No. 90-20 which was adopted by the Board of County Commissioners on the 13th day of March, 1990, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of March, 1990. Clerk of Courts and C/er Ex-off/cio to Board of County Commissione~s By: " Deputy Clerk