Ordinance 88-080COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that~ ~75. ':~
.SECTION ONE. Findings and Purpose. ~
1. The Board of County Commissioners of Collier County,
Florida, (hereinafter referred to as the "Board"] has identified
ORDIN~qCE NO. 88-.Q9__
.~:~. AN EMI~RGENCY ORDINANCE ESTABLISHING AND IMPOSING
~". A MORATORIUM ON THE ISSUANCE OF ANY PERMIT
~.TO MOVE ANY EXISTING STRUCTURE WHICH HAS LESS
..jTHAN 1500 SQUARE FEET OF FLOOR AREA AND WHICH
/.~..IS INTENDED FOR HUMAN HABITATION INTO GOLDEN
-/LGATE ESTATES; PROVIDING FINDINGS AND PURPOSE;
· ~'~PROVIDING THAT THE MORATORIUM SHALL BE IN EFFECT
' :'~.FOR A PERIOD OF ONE (1) YEAR; PROVIDING '~'.-
FOR DECLARATION OF AN EMERGENCY; PROVIDING ::-
FOR CONFLICT AND SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CO
an immediate concern regarding the size, type and method of
moving existing structures intended for or constructed for human
habitation into Golden Gate Estates.
2. The Board has determined that the minimum square footage
of ho~es in Golden Gate Estates, including those being relocated
to Golden Gate Estates, should be addressed in the Golden Gate
Master Plan which is estimated to be completed and considered by
the Board in approximately one (1) year.
3. The Board hereby finds that until recommendations and
analyses from the Golden Gate Master Plan are reviewed by
Board, the issuance of any additional permits to move existing
structures which are less than 1,500 square feet of floor area
and are intended for or constructed for human habitation into
Golden Gate Estates may cause a detriment to the Golden Gate
Estates area and to the safety and welfare of the citizens of
Collier County.
4. The Board hereby finds, additionally and independently,
that the county ordinances relating to the moving of structures
are in need of revision and updating to assure the continued
safety and welfare of the county's citizens and to assure
co~pliance with all applicable county codes before, during ami
after the movement of structures.
SECTION ~O. Moratorium Established.
1. A moratorium is hereby established and Imposed on the
issuance of any permit to move any existing structure that has
less than 1,500 square feet of floor area and which is iht,ended
: for or constructed ~or human habitation into that part of Collier
County platted as Golden Gate Estates. The floor area of any
structure shall be determined in accordance with the defin~tion
of "Floor Area" contained in Ordinance No. 82-2, the Colll¢~r
County Zoning Ordinance.
2. This Ordinance is not intended to regulate or prohibit
the moving or placement of new structures which are fully or
partially assembled prior to placement on a building slab
including, but not limited to, modular or prefabricated homes.
3. The moratorium established and imposed herein shall
extend for a period of one (1) year from the effective date of
this Ordinance.
SECTION THREE. Conflict and Severabllity.
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 the
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.
SECTION FOUR. Declaration of Emergency.
This Board does hereby declare that an emergency exists and
that immediate enactment of this ordinance is necessary, and by
no less than four-fifths (4/Sths) vote of the ~mbership of the
Board doe~ hereby waive notice of intent to consider this
ordinance.
SECTIO~ FIVE. Effective Date.
A certified copy of this ordinance, as er~acted, shall be
filed by the Clerk of the Board with the Department of State of
the State of Florida, as tigon after enactment as is practicable
by depositing the same with the postal authorities of the
government of the United States for special delivery by
registered mall, postage prepaid, to the Florida Department of
State.
032,,',,214
ordinance shall become effective aa provided in Section
of Collier County, Florida,
.:,...'.....- ,, '8
Xenne~h B. Cuy~
Coun~y
125.66(3), Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County Comaissioners
this 18thday of Oclz~er ,
BOARD OF COUNTY COHMISSIONERS
COLLIER. COUNTY, FLORIDA
BURT l.. SAUNDERS, Chairman
,=
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, 3A~ES C. GILES, Olerk of Courts In and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ts · true copy of:
Ordinance No. 88-80
which was adopted by the Board of County Co~uaissloners on the
18th day of October, 1988, during Regular Session, via
eurgenc¥ procedure.
WITNESS ~y'h&nd and the official seal of the Board of
County Co~m~ssioners of Collier County, Florida, this 24th
day of October, 1988.
JAMES c. GZLE$ ~... . . '.. ~
Clerk of Courts end Clef]~ ~.'~ ' . '.. ,-
Ex-officio to Board of'.' ' : '; ~,
County Comalealonera :.T' ': ~ :' : .U
.. .:
De~ Clerk
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