Ordinance 2013-59ORDINANCE NO. 2013- 5 9
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SECTION FIVE OF
ORDINANCE NO. 2013 -25, THE COLLIER COUNTY HEARING
EXAMINER ORDINANCE, TO CLARIFY THE POWERS AND DUTIES
OF THE HEARING EXAMINER AS IT RELATES TO MINOR
CONDITIONAL USES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, The 1967 Collier County Special Act (Laws of Fla. ch. 67 -1246, as
amended by Laws of Fla. ch. 2001 -344), specifically authorizes the Board of County
Commissioners to implement a county hearing examiner program by county ordinance; and
WHEREAS, the Collier County Land Development Code Sec. 8.02.01.0 provides that
"In addition to any authority granted to the Board of County Commissioners (BCC) by general
or special law, the Board of County Commissioners (BCC) shall have the following powers and
duties: To designate and appoint hearing officers to make decisions as the BCC may deem
appropriate. "
WHEREAS, on March 26, 2013, the Board of County Commissioners (Board) adopted
Ordinance No. 2013 -25, the Collier County Hearing Examiner Ordinance, which established the
Office of the Hearing Examiner under the terms and conditions outlined in the Ordinance; and
WHEREAS, Section Five of Ordinance No. 2013 -25 sets forth the powers and duties of
the Hearing Officer, including the duty to hear requests for minor conditional uses; and
WHEREAS, since adoption of Ordinance No. 2013 -25, the Board has commented on the
need to better define "minor conditional uses."
WHEREAS, Staff presented proposed amendments to the Collier County Planning
Commission (CCPC) for consideration. The CCPC reviewed staff's language, and staff offers
the following modifications to Section Five, Paragraph 3 of the Hearing Examiner Ordinance
based on the input of the CCPC; and
WHEREAS, accordingly, the Board desires to amend Section Five, Paragraph 3 of the
Hearing Examiner Ordinance as follows.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words Underlined are added; Words Stmak - ThFough are deleted.
Pagel of 3
SECTION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2013-25.
Section Five of Ordinance No. 2013 -25 is hereby amended as follows:
SECTION FIVE: Powers and Duties of the Hearing Examiner.
The Hearing Examiner shall have the following powers and duties:
3. Conditional Uses. The Hearing Examiner will hear and decide all requests for
minor conditional uses. For purposes of this section, a minor conditional use is one which does
not require Environmental Advisory Council review and which is not a case of great public
interest or concern as determined in the discretion of the Hearing_ Examiner. However, the
Commissioner of the District in which the proposed minor conditional use is located may direct
that the minor conditional use be heard by the Planning Commission in an advisory capacity and
then Board of Zoning Appeals for final action. In reaching his decision, the Hearing Examiner
must consider:
a. the factors and criteria set forth in LDC Sec. 10.08.00.D;
b. the relevant matters set forth in an applicant's written petition;
C. the testimony of any applicant or agent;
d. the recommendation of staff; and
e. the testimony of the public.
As part of his decision, the Hearing Examiner must make the findings required by LDC Sec.
10.08.00.1), and may place appropriate conditions and safeguards as set forth in LDC Sec.
10.08.00.E.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of 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.
Words Underlined are added; Words Lek Th eugh are deleted.
Page 2 of 3
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this \r-\ day of 72013.
ATTEST: � BOARD F C LINTY OMMISSIONERS
DWIGHTE. BROCKi ,'Ghrk COLL R CO TY, LORIDA
t
By: - .0 By:
ARM ai�oyq
Clerk G49k61A G49 A. HILLER, ESQ.
SIt18t1[tL�6N�j►y CHAIRWOMAN
Jeffrey f
Count
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to form and legality:
This ordinance filed with the
S' tort' of t Office the
day of _,r_Q13
and ocknowledgem f that
fi ' r ceived is dot'
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By--
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Words Underlined are added; Words Red& -Threugh are deleted.
Page 3 of 3
FLORIDA DEPARTMENT O STATE
RICK SCOTT
Governor
October 14, 2013
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101 -3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 200113_ -59, which were filed in this office on October 14,
2013.
Sincerely,
Liz Cloud
Program Administrator
LC /elr
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us