Ordinance 90-023 COLLIER COUNTY
ZONING REEVALUATION ORDINANCE
ORDINANCE NO. 90- 23
AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY ZONING °'~
REEVALUATION ORDINANCE; PROVIDING FOR FINDINGS; PROVIDING
:;. FOR SHORT TITLE, AUTHORITY, APPLICABILITY AND EXEMPTIONS; "~"
,' PROVIDING FOR INTENT. PURPOSE AND MINIMUM REQUIREMENT;
c"~ ?'-~- PROVIDING DEFINITIONS PROVIDING FOR RULES OF CONSTRUCTION;
', ;"' . PROVIDING FOR TIrE CREATION AND APPOINTMENT, MINIMUM
' ' QUALIFICATIONS, AND DUTIES OF HEARING OFFICERS; ESTABLISHING
' ~'~ 'i~:,PLANNING COMMUNIT ES AND REZONING SEQUENCE; PROHIBITING
'- ~ -,...INCONSISTENT ZONING DISTRICTS ON UNIMPROVED PROPERTY;
"~ -~, PROVIDING FOR A ZONING REEVALUATION PROGRAM; PROVIDING
'"E "'FOR COMPREHENSIVE REZONING, NOTICE, OBJECTIONS TO
,', , .REZONING, WORKSHOPS, AND PUBLIC HEARINGS TO REZONE
· ' PROPERTY; PROVIDING FOR DETERIvliNATIONS OF CONSISTENCYAND
INCONSISTENCY, INITIATION, AND CRITERIA; PROVIDING FOR
COMPATIBILITY EXCEPTIONS, REQUIREMENTS, APPLICATION, REVIEW,
DETERMINATIOi',~. APPEAL, CRITERIA, LIMITATIONS AND AMENDMENT
TO THE GROW'TH MANAGEMENT PLAN; PROVIDING FOR
DETERMINA'IION OF VESTED RIGHTS, REQUIREMENTS, APPLICATION,
DETERMINATION, ISSUANCE OF DETERMINATION, APPEAL, CRITERIA
AND LIMITATIONS; PROVIDING REVIEW, FOR APPEALS; PROVIDING
FOR LIBERAL CONSTRUCTION AND SEVERABILITY; PROVIDING FOR
PENALTIES; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORD/,INED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA:
SEC.1. FINDING..~. The Board of County Commissioners of Collier County, Florida, hereby makes the
following findings:
1.1 Collier County, pursuant to Sec. 163.3161, et. ~;~q., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulation Act (hereinafler the 'Act'). is required to
prepare and adopt a Comprehensive Plan; and
1.2 After adoption of the Comprehensive Plan, the Act, and In particular Sec. t63,3202(1}, Fla. Stat..
mandates that Collier County adopt land development regulations that are consistent with and Implement
tho adopted Comprehensive Plan; end
1.3 Sec. 163.3201, Fla. Stat., provides that It is the Intent el the Act that the adoption and
enforcement by Collier County el land development regulations for the total unincorporated County shall be
based on, be related to, and be a means of implementation for, the adopted Comprehensive Plan as
required by the Act; and
1.4 Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or
amendod by Collier Cotlnly ~lmtl h~ c(m,~l~tont wllh 1110 fldol)lod Conlprohonslvo Plan, or olomont or portion
tllereol, and any land development regulations existing at the time ol adoption which are not consistent with
the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent;
and
1,5 Soc. 163.3194(t)(b), Fie. Stat., further requires that If Collier County allows an exlstlng land
deve;opment regulation which is Inconsistent with the adopted Comprehensive Plan, or element or portion
thereol, to romain in effect, Collier County shall adopt a schedule for bringing the land development
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regulation Into conformity with the provisions el the most recently adopted Comprehenslve Plan, or element
et portion Ihereof; and
1.6 Soc. 163.3194(t)(b), Fla. Stat., further requires that during the interim period when the
provlslon~ el Iho mo~l roconlly ~(Iol~t~(I Comprohm~lv0 Plan, or element, or porllon Ih0rool, and tho land
developmenl regulations are Inconslslenl. Iho provisions el the adopted Comprehens~e Plan. or element
or po~lon thereof, shall govern any action taken In regard to an application ~or a development order; and
1,7 Soc. lC3 3202(3), Fin SI~I., slnton that Iho Acl nh[dl ho ~(]f]atrtl[)[f Io onco[lrn0o tho us~ of
I~tnovallvo Im3d development rogulalton5; and
1.8 On Jantmry 10, 19~9, Collier County n(Ioplod Iho Collier County GraPh Management Plan
Its Comprohu~lvo Plan I)ursum~l Io tho requirements el Sec, 163,3161 ~. ~,, Fla. Stat,, and Rulo 9J.5,
F.A.C.; and
1.9 Tho Board el Country Commissioners el Collier County finds tidal development for which zoning
has already been approved by Collier County and potential zoning wilhin Urban Designated Areas of the
Collier County GraPh Management Plan will accommodate approximately 350,000 dwelling units In the
unincorporated Coastal Urban Area of Collier County, and that commercial zontng In excess el 4,~0 acres
h~ t>~or~ npprovo(I, whlh) tho Cdp~hd Imt)mvu~(ml El(mmnl el tho Gro~h Managon~onl Plan would 80~0
only a Iractlon el tho planned and approved, yet unbuilt, development; and
Collier CounW Graph M~nago~nent Plan and tho Supl)od Documenis project and provide for over 60 years
of grov~h while Ihe Capilal Improvement Element et the Collier County GraPh Management Plan provides
Ior only five (5) years el binding and only ten (10) years of needs and deficiency assessments for public
facilities for all calegorlos, except that roads are also In the process el being tentatively planned for up to
25 years et graph; and
1.11 As a result of tho renlizalion of this serious and significant Imbalance baleen planned land
uses and planned public facilities by the Board of County Commissioners of Collier County, the Board o~
County Commissioners of Collier County finds Ihat Collier County faces real, serious and imminent problems
that will rosull fr{)m lbo planned and appmvn(I.
lesoutces et Collier Country 10 lu~d p~eJocled car~lng capacity o~ tho existing and planned public facllltles
or Collier County and that it is inconsistent with the existing and desired community character of Collier
County; and
1.12 At the ttn~o of ~(fol)tiu~ uf tho Graph Managomonl Plan. lbo Board el County Commissioners
of Collier County recognized tim need to balance evacuation capability and the at-risk population In the
Hurricano Vulnorabllily Zones in Collier Counly by limiting or roduclng tho maximum permitlod donsltlos In
thoso zones to onsuro Ilmt the population at risk tn those zones ol high risk could salely evacuate during
the time of a hurricane event; and
1.13 Tho Bo;~r(I of C()m~ty Cnmmls~ldners ol Collier Co~mty ncknowl~JOod tho roped el Iho
Regional/Urban Design Team for tho Naples area dated April. 1984 and subsequent recommendations of
the R/UDAT Citizen Committee and approved a revised commercial allocation system to promote superior
urban design by managing road access, avoiding commercial strip dovolopmont. Improving ovorall Iralflc
circulation p~ttorns and provklh~g comm~mlty Iocnl points; and
1.14 The GraPh Management Plan. through tho Future ~nd Uso Map and the Goals. ObJoct~os
and Policies. slrives 1o coordinate land uso with Iho provision of adoqualo roads, sewer, water, drainage
facilities, solid waste lacili[ies and parks and recreation oppo~unitles; coordinate coastal population
densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl;
and
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1.15 The cost to the public and Collier County to provide adequate public facilities for planned and
approved, yet unbuilt, development is too great of a financial burden and would cause the public and Collier
County undue fiscal hardship; and
1.16 Addltlonaliy, the Board et County Commissioners of Collier County recognize that If a
substantial amount of the unimproved property were allowed to develop and be constructed under existing
zoning dlstricls Inconsistent with the Growth Management Plan, it would encourage urban sprawl, promote
strip commercial development, negatively impact the character el residential neighborhoods and commercial
areas, and force Collier Courtly to make premature ad hoc land use commitments; and
1,17 In order to insure Ihat the private property rights, including development rights for unimproved
property with zoning inconsistent with the Growth Management Plan, are not extinguished or modified
without adequate and fair considera[ion of applicable legal principles and due process of law, the Board of
County Commissioners el Collier County, pursuant to the Collier Count~, Growth Management Plan. has
established a Zoning Reevaluation Program Io determine whether or not zoning districts on unimproved
properly are consistent with the Growth Management Plan, are exempi from the Zoning Reevaluation
Program, are compatible with surrounding land uses, or are vested, To the extent that zoning is consistent,
exempt, compatible or vested, such will be recognized; if not, the zoning will be amended to bring it into
consistency with the Growth Management Plan in order Io accomplish the goals, policies, oblectlves and
purposes el tho Growth Management Plan, tho Land Development Regulations and this Ordinance.
1.18 Collier County has attempted to address these problems by including several provlslons In
the Collier County Growth Management Plan, including policy 3.1.K, policy 5.1 and policy 5.9 of the Future
Land Use Element of the Collier Counly Growth Management Plan, and by providing that land development
regulations be adopted and contain provisions to Implement the Collier County Growth Management Plan
and Include al ,1 minimum. Ur ~. Iho oslabllshment of a Zoning Reevaluation Program Ior unimproved
properly that shall bo carried out by January 10. 1991 lot all commercially zoned or designated property
and by January 10, 1992 for ell other properly; and
1.19 This Zoning Reevaluation Ordinance is part of the land development regulations required Io
bo conslslcnt with end in~plomentod under tho Collier Counly Growtl3 Management Plan In lhat It provides
for lhe Zoning Reevaluation Program conlained in the Collier Counly Growth Management Plan; and
1.20 Section 163.3194(1)(a), Fla. Stat., mandates that afler a Comprehensive Plan, or element or
portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions
taken in regard to development orders by, governmental agencies in regard in land covered by such Plan
or element shall be consistent wilh such Plan or element as adopted; and
1.21 Pursuant lo Sec. 163.3194(3)(a), Fla. Sial., a development order or land development
regulations shall be consistent with the Comprehensive Plan if the land uses, densities or Intensities, and
other rtspocls of development permitted by such order or regulation are compatible with and further the
objoclivos, policies, land uses, and donstllos or Intensities In tho Comprehensive Plan and II It meots all
other criteria enumeraled by tho local government; and
1.22 Section 163.3194(3)(b), Fla. Slat., requires that a development approved or undertaken by a
local government shall be consistent with the Comprehensive Plan il the land uses, densities or Intensities,
capacity or size, timing, and other aspects of development are compatible with and further the objectives,
policies, land uses, densilios or Intonsilies In lhe Comprehensive Plan and II it meets all other crllerta
enumerated by tho local government; and
1.23 In addillon to the mandates and authority under Sec. 163.3161 _Q.t. secl., Fla. Stat., Rule 9J-5,
F.AC., the Collier Cotinly GrovAh Management Plan, and the lindings of Ihe Board of County
Commlsslof~nrs of C(~llinr C¢)Hnly, Ibc O,~!l:~,~rlmonl of Communily Alfnlrs of lho Slnlo of Florida ( horotnnflor
tho "DCA") brought an action aga~n..,t Collier Counly In tho State of Florida. Division of Administrative
Hearings, DOAH Case No. 89-1299 GM. pursuant 1o Sec. 163.3184(10), Fla. Stat., to contest whether or not
the Collier County Gro','4h Management Plan is in compliance with the Act; and
1.24 Pursuant to the Department of Administration Hearing between the DCA and Collier County,
the DCA and Collier County entered into a Stipulated Settlement Agreement which provides remedial action
to bring the Collier County Growth Management Plan into compliance with the Act to the satisfaction of the
DCA and Collier County; and
1.25 The Stipulated Settlement Agreement between the DCA and Collier Ccunty, and the remedial
action provided for therein, provides additional support and direction for the implementation o! this Zoning
Reevaluation Ordinance; and
1.26 In order to comply with the foregoing authorities, findings and the Act, it Is necessary to
rezone large areas In tho unincorporated portion of Collier County lo zoning districts consistent with Ihe
Growth Managem0nt Plan; and
1.27 Collier County finds that this Zoning Reevaluation Ordinance is intended and necessary to
preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate
use el land. water, and resources, consistent with the public interest; overcome present hanaicaps; and deal
effectively with future problems that may result front the use and development of land withln the total
unincorporated area el Collier County; and it is intended that this Zoning Reevaluation Ordinance preserve,
promote, protect, and improve the public health, salety, comfort, good order, appearance, convenience, and
general welfare of Collier County; prevent the overcrowding el land and avoid undue concentration of
population; facilitate the adequate and e~ficient provision of transportation, water, sewerage, schools, parl<s,
recreational facilities, housing, and other requirements and services; conserve, develop, utilize, and protect
natural resources within the jurisdiction of Collier County; and to protect human, environmental, social, and
economic resources; and maintain, through orderly growth and development, the character and stability
of present and fulure land uses and development in Collier County; and
1.28 It Is tho Intent of the Board el County Commissioners of Collier County to effectuate and
directly advance these requirements, findings, purposes and Intentions for the enhancement el the
community character of Collier County, for the betterment of the general welfare, and for the reasons set
forth herein through the implementation of the Zoning Reevaluation Program generally described In the
Collier County Growth Management Plan; and
1.29 It is the intent of the Board el County Commissioners of Collier County to Implement the
Zoning Reevaluation Program of tho Collier County Growth Management Plan through this Zoning
Reevaluation Ordinance.
SEC. 2. SHORT TITLE, AUTHORITY, APPLICABILITY AND EXEMPTIONS.
2.1 Short Title. This Ordinance shall be known and may be cited as the 'Collier County Zoning
Reevaluation Ordinance.'
2,2 Authority. The Board el County Commissioners of Collier County has the authority to adopt
this Ordinance pursuant to Art. Viii, Sec. 1(I), Fla. Const., Sec. 125.01 et seq., Fla. Stat., Sec. 163.3161 et
.2.e,.g., Fla. Stat., Rule 9J-5, F.A.C., tho Collier County Growth Management Plan, the Stipulated Settlement
Agreement in DOAH Case No. 89-1299 GM, and each of the authorities, findings, conclusions and provisions
set forth or referenced in Sec. 1 of this Ordinance.
2.3 Applicability. This Ordinance shall apply to all unimproved property in the total unincorporated
area of Collier County except as expressly exempted In Sec. 2.4. Nothing in this Ordinance shall relieve the
owner el property from complying witl~ tl~e provisions of the Collier County Adequate Public Facilities
Ordinance for development on the property.
2.4 I~x~rD tt~.J.Lq_n~. Development! pursuant to any of the following provisions shall be exempt in
accordance with tho terms and limitalions of the applicable exemption provision, provided lhe exemption
request is submitted or determined no sooner than the effective date of this Ordinance and no later than 120
days after notice of Inconsistency and rezonlng has been sent pursuant to Sec, 8,3. The person seeking
an oxomptlon sh~ll submit to tho Growth Planning Olroctor substantlttl compolont evldonco to domonstrato
entitlement to the exemption, The appropriate, valid, unexpired development order or application Identified
In an exemption provision shall, In and of itself, constitute substantial competent evidence 1o demonstrate
entitlement 1o the appllcabi3 exemption. Written verification of such development order, application or
other evidence shall bo made or obtained by the Growth Planning Director. If tho evidence moots the
applicable exemption requirements and is verified, the applicable exemption shall be granted by the Growth
Planning Director.
2.4.1 Buildlnq Permits and Cerlaln Final Residential ~u~divisi0n Pl~t$1$~4Jed Prior tq
th~, Effective Date. The provisions of and this Ordinance shall not affect the validity of any lawfully issued
and effective building permit, or final residential subdivision plat with a density of four (4) dwelling units per
acre or less, if issued or approved prior to the effective date of this Ordinance, if:
2.4.1.1 The construction authorized by the building permit has commenced prior
to tho effective date of this Ordinance or will commence allor tho olfoctive date of this Ordinance but within
slx (6) months ol Issuance of lira t)ulldlng permit or wllhln rill a(Idlllonnl six (O) months of tho building pormit
extonslon, II any, or tho construction autllorlzod by such final residential subdivision plat with a density ol
four (4) dwelling units per acre or less has commenced prior to the effective date of this Ordinance or will
commence after the effective dale o[ this Ordinance but within tho earlier of: 1) two (2) year~ of original
Issuance or approval, or 2) January 10, 1992, or 3) expiration according Io Its terms; and
2.4.1.2 The construction continues without interruption and in good faith until it is
completo, If tho building permit or such final residential subdivision plat approval expires, any further
developmenl shall be In conlormance with tho requirements of this Ordinance and all laws In elfect at that
lime.
2.4.2 ~;ite Development Plans {~nd Subdivision Ma~ter Pl{~ns {approved ~etw~qn
~anu~3ry 1, 19~8 and the Effective Date. The provisions of this Ordinance shall not affect Ihe validity of any
lawfully issued and effective final site development plan or final subdivision master plan issued or approved
on or after January 1, 1988, but prior to the effective date el this Ordinance, il:
2.4.2,1 The construction authorized by the final site development plan or the final
subdivision master plan commences prior to Ihe olfectlve date ol Ibis Ordlnanco or will commenco after the
effective date of this Ordinance but within the earlier of: 1) two (2) years of original Issuance or approval et
the final site development plan or the final subdivision master plan; or 2) January 10. 1991. for commercially
zoned or dostgnalod property and January 10, 1992, for all other property, or 3) oxptrallon according to its
terms; and
2.4,2.2 Tile construction continues without interruption and in good faith until It Is
complete.
2.4.3 Developments of Re,qlonal Impact Adopted Prior to the Effe(;:tlv{~ D~I~. The
provisions of this Ordinance shall not affect the validity of any lawfully issued and effective final development
order for a development of regional impact adopted prior to the effective date of this Ordinance, unless the
development order 1) indicates otherwise, 2) expires according to its terms, or 3) Is invalidated In whole
or In parl,
2.4.4 Low-Cost Houslnq Funded by Federal, State or, Local Government. The
provisions of this Ordinance shall not affect the validity of any lawfully issued and effective development
order for housing ur',ils, Including multi.family and single.family dwelling units, structures and facilities, which
are or Imvo I)~mn providr~rl |)ursH;~nl In ;l~]y f,tnll] ¢)r h~rlnral I)ro[Jrem crofll¢~(J lo oncoura0o tho corlatrt,lctlotr
or rel~abllltatlon of Iow-cost housing units and which are funded entirely or tn substantial part by federal or
state grants or by monies entirely or in substantial part appropriated by the federal, state or local
government for use by or in con[unction with non-profit entities for the rehabilitation, replacement, and
construction o[ Iow-cost housing.
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2.4.5 Proposed Criteria for (~0mp~tit~iltty D~t~rminati0n. A Compatibility Determination
is available only to unimproved property ton (10) acres or less in size. The Growth Planning Director shall
determine that the existing zoning districts on a particular unimproved property are compatible with the
surrounding zoning districts and land uses if any of the following criteria are demonstrated by substantial
competent evidence, or he shall determine that they are incompatible il none of the criteria is demonstrated:
2.4.5.1 The existing zoning distrlr:ts on the subiect property are the same as or less
intensive than the existing zoning districts on improved or exempt property (but not Including exempt
property under Sec. 2.4.5) contiguous at least lifty percent (50%) of the combined length of the side yard
property lines of the subject property, without regard to intervening rights-el-way or easements.
2.4.5.2 The existing zoning districts on the subject property are the same as or less
intensive than all of the following:
2.4,5.2.1 Tile existing zoning districts on more than fi[fy percent (50%) of
the area of all Improved or exempt property (but not Including exempt property under Sec. 2.4.5) within
three-hundred (300) linear feet on both sides of the subject properly;
2.4,5.2.2 The existing zoning districts on more than twenty percent (20%)
of the area of all improved or exempt property (but not including exempt properly under Sec. 2.4.5) within
throe hundred (300) linear loot on ench side of lbo subject property; end
2.4.5.2.3 The existing zoning districts on Improved or exempt property
(but not Including exempt property under Sec. 2.4.5) contiguous to more than fi[ty percent (50%) of the
length of either side yard property line o! the subject property, without regard to intervening rights-of-way
or easements.
2.4.5.3 For purposes of thls Sec. 2.4,5, the side yards on a corner lot shall be
doomed to bo lbo Iront ynrd pnrnllel to 111o ro,'~d wilh tho lower classlllcallon and the yard opposlto such
fror~t yard,
2.4,6 Development Dedications, Contributl0ns pnd Convcyen;~l. The provlslons of
this Ordinance shall not aflect the validity el any lawfully issued and etfective development order (Including
a development order that acquired its density or intensity of u'.e through the transler of development rights)
which was approved or issued subject to a condition that required a dedication, contribution, or conveyance
of a substantial interest in real or personal property to any governmental agency if:
2.4.6.1 The dedication, contribution, or conveyance on which 1he development
order was conditioned has been lawfully granted, accepted by the applicable governmental agency,, and
recorded, if appropriate, in the public records of Collier County, Florida; and
2.4.6.2 The dedication, contribution, or conveyance on which the development
order was conditioned benofils tho public; and
2.4,6,3 The dodlcatlon, contribution, or conveyance on which the development
order was conditioned Is in excess of those required under the Collier County Subdivision Regulations
(Ordinance No, 76-6), as amended, the Collier County Zoning Ordinance (Ordinance No. 82-2), as
amended, and the Collier County Growth Management Plan, as amended, and clearly benefits the public
or property other than the subject property.
2.4.7 Limilati0ns on Exemption Determinations.
2.4.7.1 A determination which grants an exemption shall exempt development only
to the oxlent expressly contained in such exemption provision.
2,4.7.2 ^ny ccm~l)alibility determination granted shall not be for a zoning district
which allows an Intensity or densily et uso which is more Intense or dense than the average of the intensity
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;'~" or donslty of those uses In Iho properties adjacent to the subJ0ct properly.
:i' 2.4.7.3 An exemption shall apply to the land and is therefore Iransferrable from
owner to owner of the land subject to the exemption,
2.4.7.4 Any Ilmollno contained in Soc. 2.4 tot commencement or completion el
construction shall be extended when commencement or completion is unduly delayed by an official action
of Colllor Courtly, but only lo lbo extent el such undue delay.
2,4.7.5 A~ythlng In tills Ordinance to the contrary notwithstanding, an exemption
may be revoked upon a showing b.v the County of a peril to i:-'rblic health, safety or general wellare el the
residents of Collier County unknown at lhe time of approval.
2.4.8 Exemption Amendment lq Growth M~naqement Plan and Rez0nlnq. The Growth
Planning Director shall process an amendment to the Growth Management Plan at the next available Growth
Management Plan Amendment cycle pursuant to Soc, 163,3t87, Fla. Stat., and a Rezoning Petlllon. If
necessary, Io rulloct ttll exemptions which hnvo boon g~ented to rolloct any land uso changes and zoning
district changes required pursuant to the exemp;Ion. Building permils for development pursuant to An
exemption shall be contingonl upon any necessary Growth Management Plan Amendment and Rezontng
Polllion being adoplod.
SEC. 3. INTENT AND PURPOSE.
3.1 Inteql. This Ordinance Is Intended to implement and be consistent with the Collier County
Growth Management Plan, Sec. 163.3161 et. seq., Fla. Stat., Rule 9J-5, F.A.C,, and the Stipulated Settlement
Agreement in DOAH Case No. 89-1299 GM, by ensuring that the zoning on all unimproved property in
Collier County be consislent with tho Growlh Management Plan, except as otherwise specifically provided
in this Ordinance, and by bringing zoning that is inconsistent wilh the Growth Management Plan and not
otherwise prelected inlo compliance wilh tho Growth Management Plan.
3,2 Pur~..~. This obJoclive is accomplished by Implementing tho Zoning Reevaluation Program
Io Identify and evaluate those unimproved properties on which :,oning is inconsistent with the Growth
Management Plan. The Zoning Reevaluation Program under Sec. 8 shall be carried out by January 10,
1991, for all commercially zoned or designated properly and by January 10, 1992, for all other property.
Those unimproved properties for which art objection pursuant lo Sec. 8.4 has been properly submitted may
be excluded from the comprehensive rezoning required by this schedule, but will nonetheless be processed
in an expeditious and timely fashion.
This Ordinance shall establish a process and criteria Io determine consistency, exemptions, land use
compatibility and vested rights. First, the County shall establish planning communities, as shown on Exhibit
1, in which all properties will be categorized based on location. Second, the County shall Inttlalo a process
to assess all unimproved properly, excep~ agriculturally zoned properly, wllhln each planning communily
for consistency with the Growth Management Plan. Third, the County will notify all owners of unimproved
property zoned inconsistent with the Growlh Management Plan that such properly will be rezoned unless
an oxomption Is granted, a compatibility exception Is grantod or a positive determination of vostod rights Is
made, Fourth, public workshop(s) with the Growth Planning Department may be held on a planning
community by planning community basis to educate the public and discuss the Zoning Reevaluation
Program and other processes established by this Ordinance. Fifth. the Planning Commission and the Board
of County Commissioners of Collier County will hold the required public hearings to rezone the unimproved
proporllos that are inconsistent wilh the Growth Management Plan on a planning community by planning
community basis. Such planning community-wide rezonings may adjust private property rights, Including
development rights or expectations, and aro intendod to bring about a change In the zoning to a
classification consistent with the Growth Management Plan.
After Collier County has given notice of the comprehensive rezoning for a particular planning
community, but In no event later Ihan 120 day.~ from such notice, an owner of unimproved property which
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Is Inconsistent with Ihs Growth Management Plan may file a wrltlen objection with the Growlh Planning
· , ~ Director requesting a compatibility exception, a determination of vested rights, or both. Upon receipt of
such written objection, the property which is the subject of the objection shall be removed from the
schedule for comprehensive rezoning for the applicable planning community, and shall be reviewed for a
compatibility exception, a determination of vested rights, or both, whichever is applicable. To the extent
that the owner receives a favorable determination in this regard, the property shall be allowed to develop
in accordance with such determination. To the ex~ent thai Ihs determination is not favorable, 1he property
will t)e re,toned to a (.I.~sslllc. atlon consistent with tho Growth Management Plan.
At all times, properly shall be permitted a minimum beneficial uso subject to the various provisions
el tho Growlh Managomenl Pl,qn, the Land Devolopmonl Rogulalions. and this Ordinance, but prtvrlto
property shall not bo I;tku~l without dHe process of law and the payment of just compensation, Through
these processes, Collier County Intends to extinguish, modify, or readjust the property rights, including
development rights, el planned and approved, yet unbuilt, development Io bring It into compliance with and
mako It consistent with tho Growth Mmmgomont Plan,
3.3 Minimum Requirement. The provisions of this Ordinance in their interpretation and application
are declared to be the minimum requirements necessary to accomplish lbo staled Intent. purposes, and
objectives el Ihls Ordin~tnco.
SEC. 4. DEFINITION~,.
4.1 Commencement of Construction means tho physical act el constructing or Installing on or
In the properly substanllal Infrastructure as approved in a final development order, final subdMslon plat. final
site development plan, final subdivision master plan. or planned unit dovelopmenl master plan,
4.2 Comprehensive Plan means a plan that meets tile requirements of Sacs. 163.3177 and
163.3178, Fla. Stat., and may mean the Collier County Growth Management Plan. where appropriate.
4.3 Consistency, Consistent WIIh, or In Compliance means the comparod Item (zoning) Is In
accordance wllh, In agreement wilh, within the paramelers specified by, exemplified by, compatible with,
and furthers the norm (the Growth Management Plan) to which it is compared. If the compared Ilem
(zoning) deviates or doparls in any diroclion or degree from lbo parnmotors of lbo norm (tho Growth
Mannrjefttonl Plan), tho c[)mp;ire(I ltt:l~t (zofdng) or action Is f~ot "co~sistent" with tho norm (the Growth
Management Plan). Tho term "consistent with' means that the compared item (zoning) Is not in conflict with
tho norm (the Growth Management Plan). Tho term 'furthers" means to take action in tho direction of
realizing goals, policies or objectives c~f 1ho norm (the Growth Management Plan). For purposes of
dotermirdng tho 'consistency" of a development proposal with the Growth Management Plan or the Land
Development Regulations, each of tho latter "norms' shall be construed as a whole and no specific goal,
policy or objective shall bo construed or applied in isolation from the other goals, policies and objectives
cor~trtl~ocf Ihorot~.
4.4 Developer means any person, including a governmental agency, underlaklng any development
as defined In this Ordinance,
iI 4.5 Development has the moantng given it In Sec. 380.04, Fla. Stat.
4.6 Development Order means any order, permit, determination, or action granting, denying, or
granting with conditions an application for any final local development order, building permit, tempora~
construction and development permit, sign permit, well permit, spot survey, electrical permit, plumbing
permit, occupatlon,'ll license, boat dock permit, HVAC permit, septic tank permit, right.of.way portalS,
blasting permit, excavation permit, construction approval lot Infrastructure (Including water, sewer, grading,
paving), approved development of regional impact (DRI), zoning ordinance amendment, comprehensive plan
amendment, flood variance, coaslal construction control line variance, tree removal permits, site
development plan approval, subdivision approval (inchJding plals, plans, variances, and amondmenls),
ro/nriii*)[I. PI,~D nftmf~rht~-r~l. ,'.~,rlif *::l Jii (',)~(lilir~fl;ll ~mf~ (l~rc~vlr~l~ft,'ll IIr.~), vnrlnfl(':¢, ()r cuW ()lh~r ¢)tllc:l,~l
8
action of Collier Count'/having the effect of permitting development as defined in this Ordlnahce,
~ 4.7 Final Development Order means a final local development order or a final DRI development
' order.
4,8 Final DRI De~'elopment Order means a development order, as amended from time to time,
adopted by the Board el County Commlssinnors el Colllor County and approvod by tho Stero pursuant to
Sec, 380.06, Fla. Stat., noth:e of which Is recorded pursuant to Sec, 380.06(15)(t), Fla. Stat.
4.9 Finsl Local Development Order means any valid, unexpired building permlt Issued by the
County.
4.10 Growth Management Plan or GMP means the most recently adopted and effective
Comprehensive Plan el Collier County, as amended Irom limo to tlmo,
4,11 Improved Property means a lot on which there has been commencement of construction,
and on which substantial permanent buildings have been constructed or installed pursuant to a valid,
unexpired, final development order el Collier County and includes uniflud plans el development on which
there has been substantial commencement et construction.
4.12 Infrastructure means drainage (water management), road, potcble water and sanitary sewer
facilities as approved and required by Collier County.
4.13 Land means the earth, water, and air, above, below, or on tho surface, and Includes any
Improvomonls or slrt.tcluros custom;trlly regarded as land.
4.14 Land Development Regulations mean ordinances enacted by the Board of County
Commissioners of Collier County pursuant to Soc. 163.3161 ~. se~., Fla. Stat., for the regulation of
development, and Includes any zoning, subdivision, Impact fee, building construction, or sign regulations,
or any other regulations controlling the development of land.
4.15 Lot or Lot or Record means either:
4.15.1 A lot which is pan of a subdivision recorded in the office of the Clerk of the Circuit
Court of Collier County; or
4.15,2 The least fractional unit of land under common ownership which has limited fixed
boundaries described by metes and bounds, the description of which has been so recorded In the office
of the Clerk of the Circuit Court of Collier County as of December 1, 1989; or
4.15.3 The least fractional unit of land under common ownership which has limited fixed
boundaries described by a valid and effective final local development order or final site development plan.
4.16 Parcel or Parcel of land means a lot,
4.17 Person means an individual, corporation, governmental agency, business trust, estate, trust,
partnership, associalion, two (2) or more persons having a Joint or common interest, or any other entity, and
its designated agents, successors or assigns.
4,18 Planning Communltloa moans thoso designated areas el land that are Identified In Sec. 8.2
end are moro parllculady described and shown on Exhibit 1 hereto.
4.19 Property means a lot.
4.20 "i:ract means a lot.
· 4.21 Unified Plan of Development means the Iollowlng:
4,2t.1 An approved Planned Unit Development except, that the residential and commercial
elements of the Planned Unit Development shall be considered separately for purposes et consistency
determinations; or
4.21.2 A linal residential subdivision plat, except that each different zoning district of the
final subdivision plat sl~all be considered separately for purposes of consistency determinations.
4.22 Unimproved Property means a lot on which there has been no commencement of
construction, or on which there has been commencement of construction but no substantial, permanent
buildings have been constructed or installed pursuant to a valid, unexpired, final development order of
Collier County, or unified plans of development on which there has been no substantial commencement
construction.
SEC, s.
In the construction of this Ordinance, Ihe rules set out in this section shall be observed unless such
construction is inconsistent with the manifest intent of the Collier County Board of County Commissioners.
The rules of construction and definitions set forth herein shall not be applied to any proviston.~ which
expressly exclude such construction, or where the subject matter, content or context el such provision
would make such construction internally inconsistent or inconsistent with other provisions o! this Ordinance.
5.1 Genera!Iv. All provisions, terms, phrases and expressions contained in this Ordinance shall
bo liberally construed In order that tho true Intent and meaning of the Collier County Board o! County
Commissioners may be fully carried out. Terms used in this Ordinance, unless otherwise specilically
provided, shall have the meanings prescribed by the statutes of this State for tho same terms.
In the interpretation and application of any provision el this Ordinance it shall be held to be the
minimum requirement adopted for the promotion of the public health, satety, comfort, convenience and
general welfare, Where any provision of this Ordinance Imposes greater reslrictlons upon the subloct mailer
llmn a gonornl ptovl~l~)n Imf)os[Id f)y lira G~uwth Mnnngomom Plan or anolhor provision ol this Ordinance,
the provision Imposing tho greater restriction or regulation shall be deemed to be controlling·
5,2 T~xt In case of any dilferonco el meaning or implication between the text el this Ordinance
and any figure, the text shall control.
5.3 Com_outatlo~of tlrjlg, Tho time within which an act Is to be dono shall be computed by
~, excluding tho Ilrst and Including lite last day; Il tho last day Is Saturday, Sunday or legal holiday, Ihat day
- shall be excluded·
5.4 Day. The word 'day" shall mean a calendar day.
5.5 Delegation of Authority. Whenever a provision appears requiring the head of a department
of some other County officer or employee to do some act or perform some duty, it is to be construed to
authorize the head of the department or some other County officer or employee to designate, delegate and
authorize professional level subordinates lo perform the required act or duty unless the terms of the
provision or section specify otherwise.
5.6 ..GAQd_.e.r. Words Imporling tho masculine ~]ondor shall bo construed to Include tho feminine end
neuter.
5.7 Month. The word "month" shall mean a calendar month..
5.8 Nontechnlcpl pqd Te(;hnlca Words. Words and phrases shall be construed according to the
common and approved usage el the language, but technical words and phrases and such others as may
have acquired a pecu:iar aqd appropriate meaning in law shall be construed and understood according to
10
such moaning,
;:; 5.9 Number. A word Importing the singular number only, may ex'tend and be applied to several
~' persons and things as well as to one person and thing. The use of the plural number shall be deemed Io
' Include any single person or thing.
;. 5,10 Shsll. M.~y, The word 'shall" Is mandatory; 'may" Is permissive.
i 5.11 Tense. Words used in the past or present tense Include the luture as well as the past or
present.
6,12 Week. Tho word 'week" shall moan seven (7) calendar days.
5.13 Written or In Writinq. The term "written" or "in writing' shall be construed to Include any
representation et words, letters, or figures whether by printing or other form or method of writing.
5.14 Yeer. The word 'year" shall mean a calendar year, unless a fiscal year Is indicated or 365
calendar days is indicated.
SEC.6. HEARING OFFICER.
6,1 .~.~~l_J~iZg. J~l~.l, The Board ol County Commissioners shall appoint one (1) or
moro Hearing Oltlcors to hear and consider such mattors as may be required under any provision ol this
Ordinance or as may be determined to be appropriate by the Board of County Commlssloners from time
to time. Such Hearing Officers shall serve at the plea:,ure of the Board of County Commissioners for such
a period as is determined by the Board of County Commissioners. Such Hearing Officers shall be
compensated at a rate to bo de~orminod by tho Board el County Commissioners, which amount shall be
reimbursed to the County by tho applicant. Whoever shall accept an appointment as a Hearing Officer shall,
for a period of one year Irom the (Jato of termination as holder of such office, not act as agent or attorney
In m~y proceeding, nppllcatlon or olh~,r mall(~r bolero any decision-making body ol tho County In any matter
Involving property that was tho subject el a proceeding which was pending during the time he served as a
Hearing Officer, and shall, f,)r a period of one year from the date of termination as holder of such office, not
act as agent or attorney in any proceeding, application or other matter before any decision-making body
el Iho Country ir~ any ~llter involvi~(j duturnlu~nlio~s al consistency, oxomj31ior~ dotorminallons, comt)attbillty
exceptions, determinations el vested rights, zoning reevaluations, or any other matters which are the subject
of this Ordinance.
8,2 Mlrd[~um~QIj~'d.[[I.~;~tJ9 ~j~, A Hearing Oltlcor shall havo th(] following minimum qualifications:
6,2.1 Be an attorney admitted to practice belore the Supreme Court of the State of Florida;
6.2.2 Have demonstrated knowledge of administrative, environmental and land use law and
procedure; and
6.2.3 Hold no other appointive or elecltve County public office or posltlon during the period
of appointment.
6.3 D~jtte~, A Hearing Officer shall have the following duties:
6.3.1 To conduct hearings on such matters as required under this Ordinance;
6,3.2 To conduct hearings on such matters as may be requested by the Board of County
Commissioners;
6.3,3 To ren¢l~r m~cf i?,Stl~, veste(I rights determinati~s applicable to the partlc~lnr
11
6.3.4 To submit to the Board of County Commissioners a written report containing a
summary of the testimony and evidence given and ~'indings regarding the specific criteria applicable to,
and a copy of the vested rights determination issued for, the particular development or property;
6.3.5 To issue subpoenas to compel the attendance of witnesses and production of
documents, and to administer oaths to witnesses appearing at the hearing; and
6.3.6 To perform such other tasks and duties pursuant to the terms of this Ordipance as
the Board of County Commissioners may assign.
SEC. 7. E.~TABLISHMENT OF PLANNING COMMUNITIES.
7.1 Establishment of planninq comm~Jnttt~s. Collier County hereby establishes and divides the
unincorporated portion of Collier County into twelve (12) planning communities in order to review in a
comprehensive, systematic, manageable and timely manner, any zoning oistrict on unimproved property that
Is inconsistent with the Growlh Management Plan, Each planning community shall be the sub~ect o! a single
comprehensive zoning dislrict amendment (rezoning) under Soc. 8, except as provided herein. The
boundaries el each of tho twelve (t 2) planning communities shall substantially conform to the map attached
hereto as Exhibit 1. The twelve (12) planning communities shall be identified and described as follows:
7.1.1 North Naples (Planning Community No. 1)
7.1.2 South Naples (Planning Community No. 5)
7.1.3 East Naples (Planning Community No. 4)
7.1.4 Central Naples (Planning Community No. 2)
7.1.5 Royal Fakapalm (Planning Community No. 7)
7.1.6 Marco Island (Planning Community No. 6)
7.1.7 Urban Estates (Planning Community No. 9)
7.1.8 Rural Estales (Planning Community No. 8)
7.1.9 Big Cypress (Planning Communily No. 12)
7.1.10 Corkscrew (Planning Community No. 10)
7,1,11 Golden Gate (Planning Community No. 3)
7.1,12 Immokalee (Planning Community No. 11)
7,2 Planninq Community Rezoninq Sequence. All unimproved properties located In each
planning community shall be subject to consistency determinations, rezoning pursuant to the Zoning
Reevaluation Program, and, if applicable, exempllons, compatibility exceptions and determinations of vested
rights. Ail Inconsistent, non-exempt, unimproved property located in a single planning community shall be
the subject of a single comprehensive zoning district amendment (rezoning), except as provided herein.
Such comprehensive rezonings shall bo on a planning community by planning community basis,
commencing wilh all inconsislonl, non-oxe~r~pt, unimproved properties for tho Ilrst planning community
(Norlh Naples), then all inconsistent, non-exempt, unimproved properties for the second planning
community (South Naples), and proceeding successively, until all twelve (12) planning communities have
been comprehensively rezonod pursuant to the Zoning Reevaluation Program in Sec. 8, unless otherwise
determined by the Board el County Commissioners,
SEC. 8. ,~..ONING REEYAL~AT_LO_N PROGRAM.
8.1 InconsiHent Zgnlncl Districts Prohibited. As o!, the effective date of this Ordinance, no
development order shall be granted on unimproved property unless and until the unimproved property
obtains a determination of consistency from the Growth Planning Director which finds that the zoning district
on the unimproved property is consistent with the Growth Management Plan. Any zoning district on
unimproved property that is not consistent with the Growth Management Plan shall not be permitted, applied
for, nor approved, except in accordance with an Exemption pursuant to Sec. 2.4, a Compatibility Exception
pursuant to Sec, 10. or a positive determination of vested rights pursuant to Sec, 11.
S.2 CornDrehanmtve Rezonln(~ Reaulred, Any zoning district on unimproved property that Is
Inconsistent with the Growth Management Plan pursuant to Sec. 9 shall be subject to a single
comprehensive zoning district amendment (rezoning) under Sec. 8 by Collier County for the planning
community In which it is located in order to bring it into compliance wilh Iho Growth Management Plan.
8.3 .bLg..t[~conslstoj3~y_~.U_d R~,~..~D~. Nol less than fiheen (15) calendar days prior to tho
first public workshop lot each plam~ing community, the Growth Planning Director shall mail a notice el
inconsistency and rezoning to each affected owner el unimproved property within the subject planning
community, on which any zoning district has not been determined to be exempt pursuant to Sec, 2,4 and
has been determined to be ir. :onsistent pursuant to Sec. 9 of this Ordinance. The notice shall include the
name of the owfmr; lire r~ral)orty (h;scril~ti(3n or nddros.~: n statement that n zor~ln0 dlslrlct on tho property
Is inconsistent with tile Growth Ma~agoment Plan and tile reasons for such determination of Inconsistency;
identification end notillcatton el the existing zoning districts and the zoning districts to which the property
is proposed to bo rozoned; a statement that the owner may have tho right to oblect to the rezoning of its
property pursuant to an Exemption under Soc, 2.4, a Compatibility Exception under Sec. 10, or pursuant
to a positive Determination of Vested Rights under Sec. 11; notilicatlon el the locations, dates, and times
of zoning reevaluation workshop(s) and public hearings on the rezoning el the property. Such notice shall
be by certified return receipt requested U.S. mail, to the address shown on the then current year's Collier
County tax roll, and tailure to receive such notice shall not serve as grounds to delay or invalidate the
rezoning of any such property, Notice of tho public hearings for each planning community's comprehensive
rezontng shall bo published In accordance with Sec, 125.66(5)(b), Florida Statutes.
8.40b[QctlQn) t¢ Re.zoning. Any affected owner of unimproved property on which any zoning
district is determined to be inconsistent pursuant to Sec. 9 may submit to the Growth Planning Director a
written application objecting to the proposed rezonlng of its property on the sole grounds that it Is entitled
to a Compatibility Exception pursuant to Sec. 10, a positive dotorminatiun of vested rights pursuant to Soc.
! to or both. Tho applicatlo~t shall Ilo submitted to tho Growth Planning Director no later than 120 c~iondar
days after notice of inconsistency and rezoning has been sent to such owner under Sec. 8.3 of this
Ordinance, and shall bo in the lorm established by the Growth Planning Director. The submission ol a
completed application shall cause tl~o property to which it applies to be withdrawn from the comprehensive
rezoning scheduled lot the planning community in which it is located. The owner of the property shall then
diligently follow the provisions and procedures of Sec. 10, Sec. 11, or both, whichever Is applicable. The
withdrawal of a property from the comprehensive rozonlng process for a plan~ing community shall not
mean that tho proper~y is entitled to a Compatibility Exception, a i:ositlve determination of vested rights, or
both, but merely affords the owner the option to pursue these determinations prior to the rezoning of its
properly, Any property which lails to obtain either a Compatibility Exception or a positive determination el
vested rights shall at that time bo s~d)Joct Io a zoning district amendment (rozonlng) In accordance with tho
regular rozonlng procedures o~ Collier County In order to bring It Into compliance with the Growth
Management Plan.
8.5 Zoninq Reevaluation Worksho~3s. Not less than thirty (30) days prior to the first public
hearing for each planning community, the Growth Planning Director shall conduct one or more zoning
roevalunllon workshops within Iho boundaries of tho applicable planning community, The workshops shall
bo hold on a weekday and shall provide a Iorum Ior questions and comments on the proposed
comprehensive rezontng for that planni~g community.
8,6 .ComDreh{ns!ve Rozonlng_.b.v Plannin~ Commlsslon and Board of County Commissioners.
Not less than thirty (30) days alter tl~o linal zoning reevaluation workshop in each planning community, the
Planning Commlssiun shall hold the first adverlised public hearing on the proposed comprehensive rezonlng
Ior the applicable planning community. The Growth Planning Director recommendations and report and
public testimony shall be heard. After the public hearing has been closed, the Planning Commission shall
recommend to the Board of County Commissioners to grant, grant with conditions, or deny the
comprehensive rezoning. A second advertised public hearing shall be held by the Board of County
Commissioners approxln~,~t~ly rwc) (?) w~?ks aflor tho conchmlo~ of lbo first ptH)llc honrlno. TI~o Growth
Plai.HJ~g Director's fttd,JlllllfUltd~lllOIr llll(.j COllllrtents, Iho PJan{IJllg Co~lrriltssJoll's recommendation, and
13
public testimony shall be heard. Public testimony at each hearing shall be Ilmlted to five (5) mlnutes per
participant unless the Board of County Commissioners grants an extension of time for good cause shown.
The comprehensive zoning district amendment (rezoning) for the applicable planning community shall be
accomplished by ordinance at tho second public hearing.
SEC. 9. DETERMINATION OF CONSISTENC~'.
Q.t Initiation. Tho Growth Planning Director shall review and evaluate the consistency of all zoning
dlstr!cts with the Growth Management Plan for all unimproved property within each planning community
pursuant to Sec. 9.4, and make a determination el whether or not the zoning on the property Is consistent
with tho Growth Mana.qomant Plan. Tho Growth Pl~nnh~g Director may ovnhmtr! olher adjacent or nearby
unimproved properties tn conluncllon with sucl~ evaluation, and make a comprehensive determination,
~,2 Qet~rmln~.~. ~OlL.(~L_C. gAtl~ten(;y, II tho Growth Planning Director do,ermines that tho zoning
districts on unimproved property are consistent with the Growth Management Plan, then a determlnatlon of
consistency shall be made for such property, and such property shall not be sublect to the provlslons of
Sec. 8 and shall be allowed to proceed through the otherwise applicable provisions of the Land
Development Ro~ulations, provided I1 is clevolope(I consistent with the G~ov,,,th Manno~mont Plnn,
C(~n.',l.',tuncy (lutum~llmllon~ will h(J b~su¢l un any combination ul parcels el land that received zoning
approval by a single action of the Board el Courtly Commissioners, Including Unified Plans of Development.
In the event that tho property which received a determination et consistency Is subsequently determined by
lbo Growth Planning Director to bo Inconsistent with tho Growth Management Plan, such property shall be
Issued a determination el Inconsistency and be subject 1o the same procedures and requirements as one
that received a determination of inconsistency under Sec. 9.3.
9.3 Determination of Inconsistency. If the Growth Planning Director determines that any zoning
district on unimproved property is inconsistent with the Growth Management Plan, then a determination of
Inconsistency shalKbo Issued for such property, and such property shall be sub[oct to the provisions of Sec,
8,
9.4 Crlteria for Consistency. A zoning district on unimproved property shall be deemed
consistent with the Growth Management Plan only if the land uses, densities or Intensities, capacity or size,
timing and other aspects of the development proposed for. or allowed on, the unimproved property
pursuant to such zoning district are compaliblo with and further the objectives, policies, land uses, and
densities and Intensities In the Growth Management Plan and tho provisions of the Land Development
Regulations.
SEC. 10. COMPATIBILITY EXCEPTION.
10,1 Gener,ql Reclulrement. Any owner objecting to tho proposed comprehensive rezonlng of Its
property pursuant to Sec. 8,4 on the grounds that It Is entitled to a Compatibility Exception shall submit to
the Growth Planning Director a wrilten Application for Compaliblllty Exception no later than 120 calondar
days ~ltor notlco of Incon,,~l~t[mcy Ires boon sent to such owner under Soc. 8,3. Proporty which Is part of a
unlllod plan el development shall bo considered under a single consolidated Application for Compatibility
Exception to the extent el the applicant's ownership therein. Failure of the owner to submit such application
within the time provided shall be deemed a waiver et its right to obtain a Compatibility Exception end shall
constitute an abandonment el any claim to a Compatibility Exception or similar remedy. Judicial relief shall
not be available unless administrative remedies are exhausted. Including the final appeal to the Board of
County Commissioners.
10.2 .,~j~plicatlo.n. An Application Ior Compatibility Exception shall be submitted In the form
established by the Growth Planning Director, and shall at a minimum, include:
10.2.1 t,J.m.. ~(J(if.~..,:~. aut(I lulul)l.~l~o itkiltll)l~r el OWltUr Lind authorized applicant II other
Ihan owner;
14
10.2.2 Street address, legal description, and acreage of the property;
10.2.3 Current zoning districts on the subject property and acreage of each;
10.2.4 Zoning districts proposed by Collier County on the subject property and acreage
ol each;
10.2.5 Zoning districts proposed by the applicant, il any, on the subject property and
acreage of each;
10.2.6 Current zoning districts on ail property which is adjacent to, or which Is within 300
linear leer on, all sides el the subject property;
10.2.7 Existing land uses on all property which Is adlacont to. or which is wlthln 300 linear
feet on all sides of the subject property; and
10.2.8 Any other Inlormation which would reasonably be needed to address the criteria set
forth In Sec. 10.6.
10,3 .DItQrg~.~L~t_Lg.13.JL[9.r~!_~tQIleI. I, Allot receipt el an Application for Compatibility Exception,
the Growth Planning Director shall determine whether the application submitted Is complete. II he
determines 1hat the application is not complete, the Growth Planning Director shall notify the applicant in
writing of the deIiclencles. The Growth Planning Director shall take no further steps to process the
itpplication until tho deficiencies have boon remedied.
10.4 Fl~.J~_~n;l_D~t~[mlrl{~llon_by_G[m~d.h_E'J~Lqn[p~t~, After receipt of a completed
Al~l)ilcatlol~ lot Conq)allt)lllly Exct, ptk~, tile O~owth Planning Direr:tot shall rovlQw and Ov~lt~atQ tho
application In light el all el tho criteria sot IaMb In Sec, 10.6, and shall deny, grant or grant with conditions
the application. The decision of the Growth Planning Director shall include findings el fact for each et the
criteria.
10.5 ~p~al to Board el County Commissioners. Within thi~1y (30) days alter issuance of the
determination el Iho Growth PlanninQ Director on Ihe Application Ior Compatibility Exception, the applicant
may npl)onl tho (h)hm~dn~tlon ()1 th{~ Growth Planning Dlroclor on tho Appllcl~lIo~l tor Compatibility Excoptlon
to the Board et County Commissioners. A lee lot tho application and processing ol a~ appeal shall be
established at a rate set by the Board el County Commissioners from time to time and shall be charged to
and paid by tho applicanl Tho Bo~rd o~ County Commissioners shall hold an advodtsed public hearing on
tho appeal and shall consider tho determination of the GraPh Planning Director and public testimony tn
light of all of the criteria sot fodh in Sec. 10.6. The Board of County Commissioners shall adopt the Graph
Planning Director's determination on the Appli~tion for Compatibility Exception with or without
m~i[ic~tions or condtllons, or rojocl tim Graph Planning Director's determination. Tho Board el County
Commissioners shall not bo authorized to modify or reject 1ho GraPh Planning Director's determination
unless the Board of County Commissioners linds that Ihe determination is not suppoded b~ substantial
cOrnl),l~3l ~vl(h,nc(~ ~]r Ih;d th~) ~r(~h Pl~mlr3(I Dirnclor':~ (l(,l(,rmln;ttl(~f~ Is contrary Io lbo crltorln
Include findings of fact for each of the criteria.
10.6.1 Criteria for Compatibility Exception. A Compatibility Exception under this section
is to bo distinguished from a Compatibility Determination under Sec. 2.4.5. A Compatibility Exception is
available only Io u~imp~ovod properly. A Compatibility Exception shall bo granted, with or without
conditions, only il the apf,~icant demonstrates by substantial competent evidence that zoning districts
consistent with the Graph Mnnngomont Plan on the sub,oct prope~y would bo incompallble with existing
Intel tlsoa In tho stlrroundlng nolyhbud~O(~d In lhl~ ~ug~tr(I. tho Iollowlng l(tc10rg shall bo consldor~ to
determine whether tho subject properly qualities for a Compatibility Exception:
15
10.6.1.1 If applicable, whether the subject properly should have been determined
to be compatible pursuant to Sec. 2.4.
10.6.1.2 Whether the land use patterns, densities and Intsnsittes allowed under
zoning districts consistent with the Growth Mn~rtgemont Plan on tho subJocl properly are compatible with
those existing on property wttl~ln tho nearby surrounding area of Iho subject property.
10.6.1.3 Whether land use patterns, densilies and Intensities allowed under the
existing zoning districts on tho sublect properly are compatible with lhose existing on property within tho
nearby surrounding area el tho subject property,
10.6,1.4 Whether tho existing zoning district boundaries are illogically drawn in
rolatlo,~ to existing conditions, such as irregular configuration (depth, width, Irontage, size), topography,
and environmental considerations, on the sublect property,
10.6.1.5 Whether consistent zoning districts on the sublect property will adversely
Impact. or be adversely impacted by, the nearby surrounding area or whether the existing zoning district will
adversely impact, or be adversely impaclod by, the nearby surrounding area.
10.6.1,6 Whether consistent zoning districts will create or excessively Increase
traffic congestion or otherwise allect public sa[ely or whether the existing zoning district~ will create or
excessively increase traffic congestion or otherwise affect public sa[ely, or whether the level of existing
traffic would have an adverse impact on consistent zoning districts or existing zoning districts.
10.6.1.7 Whether consistent zoning districts will be out of scale or out o! character
with the existing land uses and tho needs el tho nearby surrounding neighborhood or whether the existing
zoning districts will be out el scale or out of character with the existing land uses and needs of the nearby
surrounding neighborhood.
10.6.2 Llmlt~atlon.~ on Compatibility Exception.
10.6.2.1 Any Compatibility Exception granted shall not be for a zoning district
which allows Intensity or density of use which Is moro intense or dense than tho average of the Intensity or
density et those uses in tho nearby surrounding area el the subject proper~y.
10.6.2.2 A Compatibility Exception shall apply to the land and is therefore
transferrable from owner to owner of the land subject to the Compatibility Exception.
10.6.2.3 Anything In this Ordinance lo tho contrary notwithstanding, an
conq:mtlblllty oxcopllon may bo revoked upor~ n showing by tho County ol a peril to public health, salety or
general welfare el the residents el Collier County unknown at the time of approval.
10.7 (;gmpatibility Excep.tion Amendment t9 Growth M. anaqem{mt Plan and R~zonlnq Petition.
The Growth Planning Director shall process an amendment to the Growlh Management Plan at the next
available Growth Management Plan amendment cycle pursuant to Sec, 163.3187, Fla. Stat., and a rezoning
petition, if necessary, to reflect all Applications for Compatibility Exception which have been granted to
reflect any land use cl~anges required pursuant to tho issuance el any Compatibility Exception. Building
permits for development pursuant to a Compatibility Exception shall be contingent upon such Growth
Management Plan amendment being adopted.
SEC, 11. DI~TERMINATI(~N. QF VESTED RIGHTS.
11.1 General Requirement, Any owner objecting to the proposed comprehensive rezonlng on its
:- properly pursuant to Sec. 8.4 on the grounds that it is entitled to a positive determination of vested rights
t~
",,!. shall submit to the Growth Planning Director a written Application for Determination of Vested Rights no later
', than 120 days after r,,:,tice of inconsistency has been sent to such owner under Sec. 8.3. Property which
Is part of a unilied Dian of development shall be considered under a single consolidated Application for
Determination of Vested Ricjhts ia the extent of the applicant's ownership therein, Failure of the owner to
submit such application within the time provided shall be deemed a waiver of its rights to obtain a
determination al vested rights and shall constitute an abandonme;~t al any claim to vested rights and
equitable estoppel Ior its property, the proposed development and existing zoning thereon. Judicial reliel
shall not be available unless administrative remedies are exhausted, including appeal to the Board of County
Commissioners.
11,2 Pendlnq A~!icatipn~, {~,n,~ D~veloDment Orders, The County adopted its Growth
Management Plan on January 10, 1989. Tile Growlh Management Plan contains Policies 3.1,K, 5,1 and 5,9
of the Future Lend Use £1oment, ns amended. All parsons were duly given legal notice of the intent and
mandate of Collier County to prepare and adopt this Ordinance which includes a process for determination
al vested rights for unimproved property and a zoning reevaluation program. Consequently, no person may
claim vested rights, or assed equitable estoppel, arising from any al tho following whicl~ is inconsistent with
tho Growth Mnnn[]ome.t Plan and which has ~ot rest,lied irt a final development order witl~ conlmencenm~t
al construction continuing in good faith: 1) application Ior development order processed on or after the
effective date of this ordinance: 2) development order rendered or issued on or after the effective date of
this Ordh~nnc0; 3) mW oxpondilums or ectlons taken in reliance on any of tho same; nor does Collier County
recognize any vested rights claims or equitable estoppel assertions except to tho oxlent determined under
the process established in this Ordinance lot the determination of vested rights for inconsistent zoning on
unimproved property. Any claims of vested rights, or any assertions of equitable estoppel, for zoning
inconsistent with the Growth Management Plan shall, at a minimum, exhaust all administrative remedies,
including appeals, provided for in this Ordinance and the Land Development Regulations prior to being ripe
for judicial review.
11,3 ~p~J.lLc~.ll.oj.1, An Apt)llcnlton lot Oufermlnallon al Vested Rights shall be submitted In tho term
established by the Growth Planning Director. An application lee in an amount to be determined by the
Board of County Commissioners shall accompany and be part of the application. The application shall, at
a minimum, Include:
11.3.1 Name, address, and telephone number al the owner and authorized applicant I!
..~., other than the owner;
11.3.2 Street address, legal description, and acreage of the property; and
11.3.3 All factual information and knowledge reasonably available to the owner and
applicant to address each of the criteria established in Sec. 11,9.
1 1.4 _Determination Of Comoleteness. After receipt of an Application for Determination al V,3sted
Rights, the Growth Plnnning Director shall dotormlne whothor lbo application submlttod Is complete. I! ho
determines that tho application Is not complete, tho Growth Planning Director shall notify the applicant In
writing al the deficiencies, The Growth Planning Director shall take no further steps to process the
application until the deficiencies have been remedied,
11.5 Review ,and Recommendati~)n bY Grqwth Plannlnq Dlrectg, r. After receipt of a completed
Application for Determination at Vested Rights, the Growth Planning Director shall review and evaluate the
application In light al nil of tho criteria In Sec, 11,9, Based on the review and ovaluatlon, tl~o Growth
Plnrmlng Director shall consult wilh tho County Attorney and prepare a written recommendation to the
Hearing Olflcer that the application should be denied, granted or granted with conditions by the Hearing
O[iicer. Such recommendation shall include findings of fact for each of the criteria established in Sec. 11.9
to the extent that information is presented or obtained or Inclusion is feasible or applicable.
ll.e Review ~nd Delermlnatlon of V(~sled Rl~hls Dotermln~ttgn by H~{,rltl00Iflcer, Upon
receipt by the Hearing Ollicer of tho Application Ior Determination of Vested Rights and the written
recommendation of the Growth Planning Director, the Hearing Officer shall hold a public hearing on the
application. At the hearing, the Hearing Olflcer shall lake evidence and sworn testimony In regard lo the
cdtorla sot forth In Soc. 11,9, and shall follow tho rules el procedure set Iorth In Sec. 120.57(I)(b), 4, 6, 7
and 8, Fla. Stat., and Sec. 120.58(1)(a),(d) and (f), Fla, Stat,, and Sec. 120.58(i)(b), Fla. Slat., only to the
extent that the Hearing Officer is empowered to swear witnesses and take testimony under oath. The
Hearing O[ficer shall Iollow tho procedures established for administrative hearings in Rules 221-6,009, 6,017.
0,020, 6.022, 6,023, 6.02,t, 6,025, 5,027, and 5,031, Florida Administrative Code except as expressly set forth
herein. Tho parties before tho Hearing Ollicor shall include tho County, tho owner or applicant, and tho
public, Testimony slmll hn tlmlt(,d to Inatlera (llreclly rohtlhtg to tho stmtdards sot Iorth ht Sec, 11,9, Tho
County Attorney shall represent tho County, shaft attend the publlc hearing, and shall oiler such evidence
as Is relevant to tho proceedings. The owner el the property and its authorized agents, may offer such
evidence at the public hearing as is relevant to the proceedings and criteria. The order of presentation
belore the Hearing Otticer at the public hearing shall bo as follows: t) tho Cotmty's summa~ o! tho
appllcallon, wrtlton recommend;dion, wilnossos end olhor evidence; 2) owner or applicant witnesses and
evidence; 3) public witnesses and evidence; 4) County rebuttal, if any; and 5) applicant rebuttal, if any.
11.7 Is~u~ el V_cst~d._BIghta_12gtg[~L.by_l:lgarlng_Ql[Lco. J'. Within liltoon (15) working
days ~tftor tho completion el tim I)t]bllc hoarlnu under Soc, I t.6, tho Hearing Officer shaft consider tho
Application lot Determination of Vested Rights, the recommendation of the Growth Planning Director, and
the evidence and testimony presented at the public hearing, in light of all of the criteria set forth In Sec.
11.9. and shall deny, grant, or grant wilh conditions the Application for Determination of Vested Rights for
the properly or proporlios at issue. The determination shall be in writing and shall include findings el fact
for each el the applicable criteria established In Sec. 11,9, conclusions of law for each of such criteria, and
a determination denying, granting, or grnnfln{] wllh conditions, in whole or In pad, tho vo,,itod rlghl8 of
dovolol)monl on lho properly.
11.8 Appeal to Board of County Commissioners. Within thirty (30) days after issuance of the
Hearing Officer's written determination of vested rights, the Cotmty Attorney. the Growth Planning Director,
or the owner or its aulhorizod altorney or agent, may appeal the determination o! vested rights el lbo
Hearing Otflcer to the Board of County Commissioners. A fee for the application and processing of an
owner-initiated appeal shall be established at a rate sot by tho Board el Counly Commissioners from time
to time and shall bo charged to and paid by Iho owner or Ils ~lulhorlzod agent, Tho Board of County
Commlsslono~ s shall adopt tho Hearing OIIIcor's determination el vested rights, with or without modifications
or conditions, or reject the Hearing OIticer's determination of vested rights. The Board of County
Commissioners shall not be authorized to modify or relect the Hearing Officer's determination of vested
rights unless tho Board of County Commissioners finds that the Hearing Officer's determination Is not
supported by substantial competent evidence in the record of the Hearing Officer's public hearing or that
the Hearing Officer's determination of vested rights is contrary to the criteria established in Sec. 11.9,
11,~) .CrJ!er/a_fcLV~_(~.d_B.!g! t~. This section Is Intended fo h'nplomont, supplement and not be
Inconsistent with, Florida case law and statutory law as they relate to the doctrine of vested rights and
equitable estoppel as applied 1o a local government exorclsin~ tls nuthorily and I)owor,'~ In ;,onln~ nn¢l
H,l~itn¢l rll,'llh~rr~, Tfll~ crltml~s hf~f~,il~ i)r(Jvi{h~ci ~trf! intinl(h~(I It) ~st)l t()flh f~icl()f~ fruit shzlll bo coflslcJorod lit
rulldiHIIl(J a vu~lu(I tit. lilt5 (f*Jt(;rntirudkJI) unclur lifts soctlofl. It is llllofldod that oath case bo decided on a
case by case factual analysis. A person shall be entitled to a positive determination of vested rights only
if he demonstrates by substantial competent evidence all three of tho following requirements of Iho throe.
part lest:
1) Upon some act or omission of the County, 2) a property owner relying In good faith, 3)
has made such a substantial change in position or has incurred such extensive obligations
en(I expenses that it wotfl(I I)o hluhly inoquitat)fo and unjust to destroy tho rlghls acquired,
In determining whether the existing zoning districts on the sublect property are vested under each of these
three (3) mandatory requirements el tho three-part test, the following shall be considered for each part:
18
11.9.1 Pert One · "U~Qn some act or omlsslon of the County'.
.' :. 11.9.1.1 The following shall be considered as acts el the County for the purpose
~; of Part One of the three*part test:
1 t.9.1.1.1 A valid, unexpired governmental act c,t Collier Counly In the term
of a final development order which authorizes the specific development for which a determination Is sought;
11.9,1.1.2 A valid, unexpired governmental act el Collier County In the Iorm
of a final subdivision plat approved by the County; or a final site development plan, final subdivision master
plan or planned unit development master plan approved by the County affer January 1, 1988, but prior to
the elfectlve date el this Ordinance;
11.9.1.1.3 Specific, authorized written statements or representations,
including agreements Rnd formal actions, of County personnel commonly relied upon and on which the
property owner is reasonably justified In relying upon lot the spoclllc written statement or representation,
11.9.1.2 Although any of the following, in and of itself, may not be sufficient to be
deemed an 'act or omission,' it may bo considered In conlunctlon with other 'acts or omissions' to
determine whether there exists an "act or omission' el the County for the purpose of Part One of the three-
part test:
11.9.1.2.1 Existing zoning (anything to the contrary notwithstanding.
existing zoning, in and of itself, shall not be sufficient to be deemed an "act or omission").
11.9.1.2.20mlssions which only Include negligent or culpable omissions
whore Iho Counly f~lh~¢l to ~cl ~u~(I wns t:ndor n lugal duty to do ~o.
11.9.1.2.3 A valid, unexpired development order.
11.9,2 part Two - "A p.r_.Qltertv owner relvln~ in ~Q_o_d f{~lth".
11.9.2.1 In determining whether reliance was in good laith, the Iollowlng shall be
considered Ior the purpose el Part Two el [he throe-part test:
11.9.2.1.1 Whether the expenditures or obligations were clearly and directly
connected to the authorizing act or omission of the County relied upon.
11.9.2.1.2 Whether the expenditures or obligations were made or Incurred
subsequent to the act or omission the County felled upon.
11.9.2.1.3 Whether the expenditures or obligations were made or Incurred
In a timely fashion, that is, withln a reasonable period of time after the act or omission of the County relied
upon.
11.9,2,2 Acts by the person prior to the effective date of this Ordinance. shall be
presumed to have been in good faith; however, this presumption shall be rebuttable by evidence of any
matter described In Soc. t !.9.2.3. t. Sec. 11.9.2,3.2, or intentional lack of good faith.
11.9.2.3 Fnr thn pt~rposo of Par1 Two el lbo Ihroo-part test, expenditures or
obll(l;dlon'~ shrill t)~ l)~;~,Ul~Ud ]~JJt t~ h~tw~ beu~ nm(Io or Incurred I~ ~ood lalth, u~'~loss rebutted by
stll)st~r~tt~ll compute~l uvide~ce, il lhoy wore m,~do or Incurred:
11.9.2.3,1 When a person has misled the County.
19
11.9.2.3.2 When the act of the County on whlch a person Is relying has
been Invalidated or has expired and the person knew or should have known el such Invalidity or expiration.
11.9.2.3.3 While the act el tho County upon whtch a person Is relying was
being contested In the courls, or this hearing process, or any other mediation or hearing process, except
any mediation or hearing process initiated prior to the elfective date of this Ordinance.
11.9.3 Part Tllre~- "H~s made such a substantial change In oosltlon or Incurred such
~xtenslve ob!loatlons and e~xoenses relating to the orooertv that it would I~e highly ineauitable and
unjust to destroy the rights ect~ulred".
11.9.3.1 For the purpose ol Pan Three of the three-part test, the following shall be
considered In determining whether a substantial change In position has been made or exlenslve obligations
and expenso,~ have been incurred rotating to tim property such thnt it would bo highly Inequltablo and unjust
to dost[oy tho rlght~ ncqt~lrod:
tl.9.3.1.1 The'substantial change in position made or the extensive
obligations nnd expenses Incurred shall be clearly and directly connected to the authorizing act or omission
of (ho County and shall bo made or incurred subsequent to lbo act el tim County rolled upon.
11.9.3.1.2 Whether actual construction has commenced and whether the
extensive obligations or expenditures made or incurred are unique to any development previously approved
and not reasonably useable for a development consistent with and permitted by the Growth Management
Plan.
11.9.3.1.3 In balancing the competing Interests, whether the demonstrated
Injuries, if any, suffered by the property owner In not allowing the development to proceed outweigh the
public cost and public interest of allowing development to proceed.
11.9.3,1.4 Whether the property owner has incurred extensive obligations
and expenses for hard costs ol development.
11.9.3.1.5 Whether the property owner has made Inlrastructuro
Improvements within or to the subject property pursuant to a written agreement or development order with
the County.
11.9.3.1,6 Whether the property owner has constructed oversized
Infrastructure improvements within or to the property to meet the needs of other properties.
11.9.3.1.7 Whether the County has required the person to oversize
infrastructure improvements within or to the property to meet the needs of other properties and the County
Is unwilling to release the person from that obligation.
11.9.3.1.8 Whether a person has incurred extensive obligations and
expenses for the following development-related matters that are made or Incurred subsequent to the final
act or omission relied upon.
11.9.3.1.8.1 Engineering and architectural lees.
11.9.3.1.8.2 Planning fees.
11.9.3.1.8.3 Local, state and lederal permit fees.
11.9.3.1.8.4 Attorneys' fees.
20
11.9.3.1.8.5 Scienllllc or biological studies, tests or reports.
11.9.3.2 For the purpose el Part Three of the three-part test, all facts and
circumstances el each case, on a case by case basis, shall be considered in determining whether a change
In position is substantial or whether obligations and expenses Incurred are extensive,
11.9,4 If tho record indicates that the applicant failed to demonstrate by substantial
compotont ovldonco nny one ol tho m(lt~irod parts Of tho throo.pa~ vested rights lost sot Io~h abovo, then
~ sl~ll ~ot bo h~equltabto lo deny tho applicant vost~ rights, In whole or In pad, lot its Inconslstont zoning
on untmprov~ prope~y.
11.10.1 A determination el vested rights which grants an Application Ior Determination el
Vest~ Rights shall conlirm such vested right~ only to tho o~ont expressly contained In such dotermlnatlon.
Except as exprossly statml heroin, nothing In this O~dlnance shall relieve the prope~y owner from complying
with the provisions of the Collier County Adequate Public Facilities Crdinance lot development on its
prope~y.
11.10.2 A determination of vested rights wl~ich grants an Application for Determination o~
Vested Rights shall expire and be null and void unless construction is commenced pursuant to a final
development ordeL final su~ivision plat, or final site development plan, within ~o (2) years after the
I~s[innco of tho (Iolormlnnllon el vested rlghls [lndor this Soc, 11, ar tlnloss ~tlbstnntl~l pormnnont buildings
l~ve been, or nru I)olng cunst~uclml or I~stntled ptl~suant to n valid, unexl~lred, Ilnat development ordor el
Collier County within two (2) years alter Issuance of the determinallon of vested rights under this Sec. 11,
and such development pursuant 1o a final development order, final subdivision plat, final site development
plan, final subdivision master plan, or pla~nod unit dovotopmont master plan Is conlinulno in go~ faiih. Tho
alorome~lionod two (2) y~ar time limitation on tho delermlnalton of vested rights shall bo stayed during any
time perils within which commencement of construction pursuant Io a final development order, final
su~lvtslon pl~t, or linnl silo dovoloi~mont plan Is prohlbltod or dolorred by tho County sololy os ~ rosult of
lack el adequate public Incilitios to so~o tho propo~y, pursuant to tho Collier County Adequate Public
Facilities Ordinance.
11.10.3 A Determination el Vested Rights shall apply 1o the land and Is therefore
trans[errable from owner to owner of the land subject to the Determination of Vested Rights.
11,10.4 An~hlng In this Ordlnnnc0 to tho conlr~ nolwlthsl~ndlng, n dolormlnatlon ol
vost~ ~lghts may bo revoked t~pon n showing by Iho County ola peril 10 public hoolth, saloty or goneral
welfare of the residents el Collier Cotmty unknown at the time of approval.
Sec. 12. ~FFECT OF D~V~L~PMEHT AGREEMENT IN CONJUNCT ON WITH A COMPATIBILI~
EXOEPTIOH OR A DETERMINATION OF VE~TED RIGHT~. Upon approval by Ihe Board of County
Commissioners, any applicant may enter into a Development Agreement with Collier County pursuant to the
provisions of Section 163.3220-3242. Florida Statutes (1989), and any Development Agreement Ordinance
ndopt~ by Collier County. In conjunction with tho approval of a Dovolopmo~ll Order, If applicable, which
Is subject Io the prnvisions et this Ordinance, The effect el the Development Agreement shall be to bind
tho padios pursuant to tho terms and conditions of the Development Agreement and the provisions of this
land uses. densities a.d ir~t~nsilies that are the same as or less intensive lhan the existing land use patterns.
densities and intensities on surrounding improved, vested or exempt prope~y (but not including exempt
property under Soc. 245 or Sec, 10), n~d 3) ts consistent with the Gro~l~ Management Pl3n.
SEC. 13. APPEALS.
Within thirty (30) days after the rendition el a decision by the Board of County Commissioners
pursuant to an appeal to lhe Board el County Commissioners under Sec. 10 or Sec. 11, and only a~ter such
an appeal and all other County remedies have been fully exhausted, Iho Growth Planning Dlroctor, fha
County Altornoy, or Iho aggrieved ow~or or applicant of an affected properly, or Its authorlzod attorney, may
apply Io tho circuit coud having Jurisdiction In Collier County for Judicial relief. The proceedings In the circuit
cou~ shall be by petition for writ of ce~iorarl, which shall be governed by the Florida Rules of Appellate
Procedure.
SEC. 14. ~IBERAL CON~TRU~TIQN AND ~VERA~ILI~.
14.1 LIb0ral Construcl~, Tho provisions el this Ordinance shall be liberally constru~ to
eftectlvely car~ out its Intent and purpose In the interest of the public health, safety, welfare and
convenience.
14.2 Severabll!tv. II any section, phrase, sentence or podion of this Ordinance Is for any reason
held Invalid or unconstitutional by any coud of competent Jurisdiction, such po~ion shall be deem~ a
separate, dlsllnct, and Independent provision, and st~ch holding shall not affect the validity of tho remaining
SEC. 15. EFFECTIV~ DATE.
15.1 This Ordinance shall take effect upon the e/fectlve date of Ihe remedial comprehensive plan
amendments adopted by the Coumy to its GraPh Management Plan as provided and contemplated In the
Stipulated Settlement Agreement between Collier Counly and tho Florida Dopa~mont ol Cot~munlly Affairs
In OOAH Case No. 89.1299 GM..
DONE AND ORDERED in regular session, thls~ day of~ 1990.
BOARD OF COUN~ COMMISSIONERS
COLLIER COUNt, FLORIDA
reta~ of State'l Office ~e
C: \UP\~,~I\COL L l ER\ORO I NANCE. ZOg (3/23/90)
22.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Gollter County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 90-23
which was adopted by the Board of County Commissioners on
the 21st 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 29th
~!.. day of March, 1990.
.
,. %., ..,-% /.~..
"i : JAMES C. GILES ~.'-..
Clerk of Courts and Clel~k' ..
Ex-officio to Board of .'.~..
County Commissioners ,_~.
¥: /s/Maureen Kenyon '~' '~ ~"
Deputy Clerk /~ ,,~j ;,,.~,,\ '.