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Agenda 05/08/2012 Item #16K25/8/2012 Item 16.K.2. EXECUTIVE SUMMARY Recommendation to direct the County Attorney to advertise and bring back an Ordinance to repeal Ordinance Number 73 -17 relating to temporary permits OBJECTIVE: That the Board of County Commissioners repeal Ordinance No. 73 -17 relating to temporary permits. CONSIDERATIONS: As part of the County Attorney's approved Action Plan, the County Attorney's Office is doing a complete review of the Collier County Code of Laws and Ordinances to identify and correct inconsistencies that may have resulted from years of revision, and to ensure that the ordinances are not in conflict with current State or Federal law. This is part of a series of Executive Summaries that will be coming to the Board. On October 2, 1973, the Board adopted Ordinance No. 73 -17 to allow "temporary permits ". The provisions of this Ordinance are codified in Section 106.3 of the Code of Laws and Ordinances. Since temporary uses and signs are provided for in the Collier County Land Development Code, this Ordinance is obsolete. FISCAL IMPACT: The cost of the advertisement for the Ordinance will be paid from the County Attorney's budget. GROWTH MANAGEMENT PLAN (GMP) IMPACT: None. LEGAL CONSIDERATIONS: The proposed Ordinance was prepared by the County Attorney's Office and is legally sufficient for Board action. A majority vote is required for Board approval (HFAC) RECOMMENDATION: That the Board direct the County Attorney to advertise and bring back an Ordinance to repeal Ordinance No. 73 -17 in its entirety. PREPARED BY: Heidi Ashton - Cicko, Assistant County Attorney Attachments: 1) Ordinance 2) Ordinance No. 73 -17 Packet Page -1300- COLLIER COUNTY Board of County Commissioners Item Number: 16.K.2. 5/8/2012 Item 16.K.2. Item Summary: Recommendation to direct the County Attorney to advertise and bring back an Ordinance to repeal Ordinance Number 73 -17 relating to temporary permits. Meeting Date: 5/8/2012 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 4/23/2012 11:33:51 AM Approved By Name: FlaggDiane Title: Director - Code Enforcement,Code Enforcement Date: 4/23/2012 11:47:46 AM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 4/24/2012 11:59:22 AM Name: AuclairClaudine Title: Planner, Principal,Transportation Planning Date: 4/26/2012 8:51:13 AM Name: BakerJennifer Title: Code Enforcement Specialist Date: 4/27/2012 11:19:55 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/27/2012 3:15:15 PM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 4/27/2012 3:41:30 PM Packet Page -1301- Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 4/27/2012 4:56:23 PM Name: KlatzkowJeff Title: County Attorney Date: 4/30/2012 3:14:58 PM Name: OchsLeo Title: County Manager Date: 4/30/2012 5:03:53 PM Packet Page -1302- 5/8/2012 Item 16.K.2. 5/8/2012 Item 16.K.2. A ORDINANCE NO. 12- AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 73 -17 RELATING TO TEMPORARY PERMITS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 2, 1973, the Board of County Commissioners adopted Ordinance No. 73 -17 relating to temporary permits; and WHEREAS, the Board of County Commissioners desires to repeal this Ordinance since temporary uses are provided for in the Collier County Land Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY , COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 04 SECTION ONE: REPEAL OF ORDINANCE NO. 73-17. Collier County Ordinance No. 73 -17 relating to temporary permits is hereby repealed in its entirety. SECTION TWO: 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 Ordinance may be renumbered or re- lettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: 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 1 of 2 Packet Page -1303- 5/8/2012 Item 16.K.2. separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2012. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk • Approved as to form and legal sufficiency: Heidi Ashton -Cicko Assistant County Attorney H\GaillHeidiOrdinances 0 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman 2 of 2 Packet Page -1304- W 5/8/2012 Item 16.K.2. AN EMERGRNUY ORDINANCE. TO PERMIT Tupor m RE(REATIONAL, CONSTRUC- TION, AND nF.AL ESTATE OR OT11ER COMMFUCIAL OFFICES AND SIGNS, PnovIDING STANDARDS FOR REviry, A PENALTY AND AN EFFECTIVE DATE. BE IT ORDAINED BY 71IE 20ARD OF COUNTY COIIMISSIOT;ERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: 1. Temporary Roeroation Permits. The Board of Zoning Appeals may, after invest igat on, notice and a hearing grant R temporary permit for an exhibition, fair, horse show, rodeo, regatta, race or similar activity provided that: R. There is no available building within the area ' for the use, and b. Sufficient parking and loading and unloading space is assured, and m x Cb c. Sufficient setback lines are prescribed, andr�•ead d. Proposed sanitary facilities are approved bgL- the Health Department, and rn e. A bond satisfactory to the Board is posted og guarantee that the area is returned to a condition n'm w acceptable to the Board. 2. Temnorary Construction and Development Permits. In the case of real estate or other commercial or development pro - jocts or construction of public roads in any zoning district, the Developer may request a 'Temporary Use Permit for a period not to exceed 12 months, to allow promotional, storage and fabrication activities which are needed during construction and sale of- the project. The following uses may be permitted under the terms of such a temporary permits a. On- premise real estate sales offices; b. Equipment and t:onstruction materials, storage, processing and fabrication facilities; c. Temporary offic#� space for persons engaged in the development; d. Tomporar,, ::romise signs; e. Radio equipment and antennae. An applicant shall submit Flans, in accordance-with Section" 9.2 of the Zoning Ordinance, to the Planning Department indicating the area, the use, activities requested and the time period requested. The Planning Department shall grant or deny a temporary use permit and may stipulate the following conditions: jj 11 Traffic safety measures; f0 £ST��'�SN �M� 2) Parking re ;,zirement;, 3) Limited arti.vity hours; X74. � / �� 4) Addition:.i landscaping for temporary .permit 1 a c j �CF.f1011� areas; {{S1ece.� 1 ) Addit'onal on- premise security and health d Men ADM Sp( measures, which may include but not be limited to watchman, tenc.ing, lighting and sanitary measures. 10,1g76 boox i rACE 251. _..._.._.._ Packet Page - 1305- '1 5/8/2012 Item 16.K.2. 3. If need for the temporary use should extend beyond the time limit of the permit, application must be filed for an extension stating the reason and the time required. An extension shall not exceed d months, SECTION TWO: 'It shall be unlawful to continuo such temporary use After expiration of the permit without linving filed a roquest for extension. SECTION THREE: Severance, If any section, subsection, sentence, clause, phrase or .portion of this Ordinance is, for any roason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed R separate, distinct and independent ,provision and such holding shall not affect the validity of the remaining portion haro'-of. SECTION POUR: Conflict. In the event this Ordinance conflicts with other applicable law, the more restrictive shall apply. If any part of this Ordinance conflicts with any part, it shall be savored And the oromainder shall have the full force in effect And be liberally construed. SECTION FIVE: Emergency. no it declared that an emergency exists and the immediate enactment of this Ordinance is nocossary, therefore, notice requirements axe waived and this Ordinance shall take effect immediate upon its placement in the United States Mail to the Secretary of State. • ATTEST: BOARD OF COUNTY COOMMISBIONERS OF COL N DAD Eta aret T. Sddtt kCaf Circuit Court Clif Y,6ed Wenzel , —Wn ;;:•:� :-•- „�!* , vi Approved as to form aba legality: Davlcl Emerson Bruner Collier County Attorney Original and duplicate mailed to the Secretary of State, Certified Mail No. this 2nd day of October, 1973. " Den D. Driver, C.P.A. Fiscal O °ricer, Deputy Clerk. q3.17 ioox ..1 ndw -2- Packet Page -1306- 0 W� 4 •O�sw+�• RICUAna (DICR) SrONS 1ccmcrwnT or sure October 8, 1973 .Rtrrrfar� of Ata#r 1TATC or FLORIDA TNC CAPITOL TALLAMALICC 32304 1104) 411'3111 I 5/8/2012 Item 16.K.2. J 1 Mr. Ben D. Driver, C.P.A. Fiscal Officer Board of County Commissioners Collier County Naples, Florida 33940 Dear Mr. Driver: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of October 3, an official and a duplicate copy of Collier County Emergency Ordin- ance No. 73 -17, which was received in this office on October 8, 1973. The duplicate copy showing the filing date is being re- turned for your records, Kindest regards. NK /mcp Enclosure Cordially, RICHARD (DICK) STONE Secretary of State By �� (Mrs. ) r..incy Kavanaugh Chief, Btweau of Laws BOOK 1 PAGE 251 -A Packet Page -1307-