Ordinance 2004-13ORI)INANCE NO. 04- 1.3
AN ORI)INANCE AMENDING
NIIMI}EI~ 91-11t2, AS AMI,;NI)EI),
C()UNT¥ LAND DEVELOPMENT
INCLUDES Tile COMPREllENSIVE
REGULATIONS FOR Tile UNINCOI~PORATEli
AREA OF COLLIER COUNTY, FLORIDA,
PROVIDING FOR: SECTION ONE, RECITAI~S!~
SECTION TWO, FINDINGS OF FACT; SECTION~.
TilREE, ADOPTION OF AMENDMENTS TO TliI~
LAND I)EVELOPMENT CODE,
SPECIFICALLY 'AMENDING TIlE FOLLOWIN(;:
AI~TICLE 3, DIVISION 3.13, INCLUDING
REVISIONS TO COASTAL CONSTRUCTION
SETBACK LINE VARIANCE; SECTION FOUR,
CONFLICT AND SEVEI~ABILITY; SECTION FIVE,
INCLUSION IN TIlE COLLIER COUNTY LAND
i)i~VELOi'MENT COl)E; AND SECTION SIX,
EFFECT! VE I)ATE.
WIIIeRF. AS, on October 30, 1991, the Collier County Board o1' County
Commissionc,'s adopted Ordinance No. 91-102, Ihe Collier County I~and
Development Code (hereinalter LDC), which has been subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each
calendar year unless additional amendment cycles arc approved by the Collier
County Board ol'Co~mly Commissioners pursuant to Section I. 19. !., I.I)C: and
WHEREAS, this is the third alnendment to the LDC, Ordinance 91-102,
the calendar year 2003; and
WIIEREAS, on March 18, 1997, the Board o1' County Commissioners
adopted Resolution 97-177 establishing local requirements and procedures Ibr
amending the I,DC; and
WI II~REAS, all requirements o1' Resolution 97-177 have been met; and
WI IEREAS, the Board of County Commissioners, in a manner prescribed
by law, did hold advertised public hearings on February 11, 2004 and February 24,
2004, and did take action concerning this amendment to the LDC; and
WI II~RI~AS, thc sul2jcct amendments to thc I,I)C arc hereby determined
by this Board to be consistent with and to implement the Collier County Growth
Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1),
Florida Slatutes: and
WI IEREAS, all applicable substantive and procedural requirements ol'
thc iaxv have been met.
N{)W, 'I]iI']Igl.]FORI~ Ili.~ IT ()RI)AINt,]I) by thc lloard o1' County
Commissioners ol'Collicr County. Florida, thai:
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SECTION ()NE: RECITALS
Fhc foregoing recitals ;ire true and correct and incorporated by refi:rcnce
herein as il' fully set lbrth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier Cot. nty, Florida, hereby
makes thc folloxving lindings of lhct:
I. Collier County, pursuant to Sec. 163.3161, et se~l., Fla. Stat., the
l:lorida I,ocal Government Comprehensive Planning and l,and l)cvelopment
l,t. cgulations Act (hereinafter thc "Act"), is required to prepare and adopt a
Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular
Sec. 163-3202(1 ). Fla. Stat., mandates that Collier County adopt land development
regulations that are consistent with and implement the adopted comprehensive
plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent ol'tbe Act that
thc adoption and cnlbrcemcnt by Collier County of land development regulations
for thc total unincorporated area shall be based on; be related to, and be a means oF
implementation Ibr, Ihe adopted Comprehensive Plan as required by the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development
regulations enacted or amended by Collier County be consistent with the adopted
Comprehensive Plan, or clement or portion thereol~ and any land development
regulations existing at thc time of adoption which are not consislcnt with thc
adopted Comprehensive Plan, or clement or portion thcrcol~ shall bc amended so
as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to
encourage the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County
(}rowlh Management I'lan (hcrcinallcr thc "(iroxvth Management Iqan" or "(;MI'"~
as its ComprchcHsivc Plan pursuant to the rCClLfircmcnts ol' Sec. 1634.3161 ct .veq.
Fla. Stat., and Rule 9,1-5, F.A.C.
7. Sec. 163.3 ! 94(1 )(a), Fla. Stat., mandates ti'tat after a Comprehensive
Plan, or element or portion thereof, has been adopted in conlbrmity with the Act,
all development undertaken by, and all actions taken in regard to development
orders by, govermnental agencies in regard to land covered by such
Comprehensive Plan or clement or portion thereof shall be consistent with such
Comprehensive Plan or element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a dcvch)pmcnt order or
land development regulation shall be consistent With the Comprehensive Plan il'
the land uses, densities or intensities, in the Comprehensive Plan and il' it meets all
other criteria enumerated by the local government.
O. Section 163.3194(3)(b). Fla. Stat., requires that a development
approved or undertaken by a local government shall be consistent with thc
('Oml*J'chcnsivc Plan il' Iht land uses, densities or iHtcnsilics, capacity or si/c,
liming, and olhcr aspects of dcvch)plncnt arc ct)lnpatiblc with, add Ihrlhcr thc
ol~jcctivcs, policies, land uses, densities or intensities in thc Comprehensive Plan
and if it meets all other criteria enumerated by thc local government.
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10. On October 30, 1991, Collier County adopted the Collier County
I.and l)evclopment Code, which became effective on November 13, 1991 and may
be amended twice annually.
I!. Collier Cmmty tintls thai thc I.and I)cvclopmcnl Code is intended
and necessary lo preserve and enhance thc present advantages that exist in Collier
County; encourage the most appropriate use of land, water and resources,
consislcnl with the public intcrest; overcome present handicaps; and deal
cllbclivcly with fi~ture problems that may result fi'om the usc and development of
land wilhin the total unincorporated are of Collier County and it is intended that
Ihis l,and Development Code preserve, promote, protect, and improve the public
health, safety, comfort, good order, appearance, convenience, and general welfare
of Collier County; prevent the overcrowding of land and avoid the undue
concentration of population; facilitate the adequate and efficient provision .of
transportation, water, sewerage, schools, parks, recreational facilities, housing, and
other requirements and services, conserve, develop, utilize, and protect natural
resources within the jurisdiction of Collier County; and protect human,
environmental, social, and economic resources; and maintain through orderly
growth and dcvelopmcnt, the character and stability of present and lhture land uses
and development in Collier County.
12. It is tile intent of the Board of County Commissioners of Collier
County to implement the l,and Development Code ill accordance with thc
provisions of thc Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and
Chaptc,' 163, Fla. Stat., and through these amendments to the Code.
SECTION TtlREE:
Al)OPTION OF AMENl)MENTS TO DIVISION 3.13. COASTAL
CONSTRUCTION SETBACK LINE VARIANCE OF TIlE LAND
I)EVELOPMENT CODE
l)ivision 3.13., Coastal Construction Setback Line Variance, of Ordinance 91-102, as
amc,t:led, the Collier County Land Development Code, is hereby amended to read as follows:
Sec. 3.13.8. Permits.
The lbllowing activilies seaward of Ihe coastal conslruclion setback linc shall not require a hearing
by the board of county commissioners, but shall t'equire a coastal construction sclback linc permit.
Such permit shall bc reviewed and approved administratively by silo dcvclopmcnl I'cxricxv
cnviromncnlal slal'l'. The aplm)priatc I~c as scl by cotmly resolution shall be stLblnillcd wilh pcrmil
applicat ion.
3.13.8.3. Beach Nourishment or maintenance dreduinu. Certain activities that may temporarily
alter ground elevations such as artificial beach nom'ishment projects, excavation or maintenance
dredging oi' inlet channels may be perlnitted seaward of the coastal construction setback line if said
activity is in compliance with the Collier Connt¥ Growth Managemen! Plan and receives Federal
and State agency approvals. Until such time as the tee schedule can be amended, thc lee shall be
$400.00 Ibr these Beach Nourishment permits.
Sec. 3.13.9. I'eu:dty and civil remedies.
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3.13.9.3..I~. Penalty fi,r a violation ~'subsectio, 3. 13. 7.3. Notwithstanding tile penalties set forth
elsewhere in this Code, the following violations of subsection 3.13.7.3, which occur during sea
turtle nesting season:
I1) Beach lyon! properly owners who leave beach furniture unattended on the beach bem, een
9:30 pm and the time of lhe next day's sea turtle monitoring, are subject to the following
penalties:
Fi~wl violation: Written notice of ordinance violation.
Second violation: Up to $1,000.00 rifle.
Third c:' :t:~t'c violation: $2,500.00 fine.
More than three violations: $5,000.00 fine.
SECTION FOUR: CONFLICT AND SEVERABIL1TY
In the event this Ordinance conllicts with any other Ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not afl,:ct the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or relettered to accomplish such, and the word "ordinance" may be changed to
"section", "article", or any other appropriate word.
SECTION SIX: EFFECTIVE DATES
This Ordinance shall become effective upon filing with the Department of State.
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FASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this o2q day of Fe. beuc~rct ,2004.
ATTEST:
DWIGt IT E. BROCK, cLERK
,'-~i'~ ~<. ?,? .- ,~ ~ ~?~.- ·
~ u'-~ ~M~-.?'-
Apprm ed,~to-fdrm and
~suffiqi~ncy:
Oatrick G. White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COI.LIER COUNTY, FLORIDA
By:
FIALA, CItAIRMAN
This ordinance filed with the
Secretary of State's Office the
a.1 c~ of ~,
c~nd acknowledgement of that
filing received this ~ day
°f ~1~-' A~-~L'
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-13
which was adopted by the Board of County Commissioners
on the 24th day of February, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th
day of February, 2004.
DWIGHT E. BROC '~
Clerk of
Ex-officio
County Commi$~./Iers
Deputy