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Agenda 06/12/2012 Item #17C6/12/2012 Item 17.C. EXECUTIVE SUMMARY Recommendation to adopt an Ordinance to repeal Ordinance Number 73 -17 relating to temporary permits. OBJECTIVE: That the Board of County Commissioners adopt an Ordinance to repeal Ordinance No. 73 -17 relating to temporary permits. CONSIDERATIONS: On May 8, 2012, Item 16K2, the Board directed the County Attorney to advertise and bring back an Ordinance to repeal Ordinance No. 73 -17. 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 Since temporary uses and signs are provided for in the Collier County Land Development Code, this Ordinance is obsolete. The repeal of this Ordinance is part of the review of the Code of Laws and Ordinances included in the County Attorney's Action Plan. FISCAL IMPACT: The cost of the advertisement for the Ordinance was 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 adopt an Ordinance to repeal Ordinance No. 73 -17 in its entirety. PREPARED BY: Heidi Ashton - Cicko, Managing Assistant County Attorney Attachments: 1) Ordinance 2) Ordinance No. 73 -17 CP \12 -COA- 01425 \11 Packet Page -2510- 6/12/2012 Item 17.C. COLLIER COUNTY Board of County Commissioners Item Number: 17.C. Item Summary: Recommendation to adopt an Ordinance to repeal Ordinance Number 73 -17 relating to temporary permits. Meeting Date: 6/12/2012 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 5/9/2012 10:47:38 AM Approved By Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 5/9/2012 5:39:23 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 5/11/2012 10:05:18 AM Name: AuclairClaudine Title: Planner, Principal,Transportation Planning Date: 5/15/2012 2:53:46 PM Name: CasalanguidaNick Title: Deputy Administrator - GMD,Business Management & Budget Office Date: 5/15/2012 3:11:51 PM Name: AshtonHeidi Title: Section Chief /Land Use- Transportation,County Attor Date: 5/18/2012 1:07:23 PM Name: Finn—Ed Title: Senior Budget Analyst, OMB Date: 5/22/2012 12:34:41 PM Packet Page -2511- Name: KlatzkowJeff Title: County Attorney Date: 6/1/2012 1:29:40 PM Name: OchsLeo Title: County Manager Date: 6/4/2012 9:34:15 PM Packet Page -2512- 6/12/2012 Item 17.C. 6/12/2012 Item 17.C. r13 -/7 AN MIEnGEN(Y ORDINANCE TO PERMIT TI;MPOmnY RECREATIONAL, CONSTRUC- TION, AND nrAL ESTATE OR OTAER COMMM(CIAL OFFICES AND SIGNS, PROVIDING STANDARDS FOR nEVILIV, A PENALTY AND AN EFFECTIVE DATE. Bi IT ORDAINED BY TIM WARD OF COUNTY COMMISSIOIiEnS OF COLLIER COUNTY, FLOn1DA; SECTION ONE: 1. Tem ornry Rocroation Permits. The Board of Zoning Appeals may, after Investigation, notice and a hearing grant A temporary permit for an exhibition, fair, horse show, rodeo, regatta, race or similar activity provided that; A. There is no available building within the area for the use, and b. Sufficient parking and loading and unloading space is assured, and tnab, �0 -+ c. Sufficient setback lines are prescribed, andr,• I d. Proposed sanitary facilities are approved bf< ° y the Health Department, and M w e. A bond satisfactory to the Board is posted guarantee that the area is returned to a condition n w acceptable to the Board. 2. Temporary 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 permit: A. On-premise real estate sales offices; b. Equipment and construction materials, stolage, processing and fabrication facilities; C. Temporary office space for persons engaged in the development; d. Temporary :.dmise 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 `` 1I permit and may stipulate the following conditions: 10 £S?dV�dt4 fy1C� 1) Traffic safety measures; ' 2) Parking re;,41rement;, b[:�yd74. ao 3) Limited act ?.vity hours; Q q PC, 4) Addition:.i landscaping for temporary permit areas; {R cce.� ) Addit.'onal on- premise security and health d t'rlen IWM S'e Measures, which may include but not be limited to watchmen, fencing, lighting and sanitary measures. 10, I a 7b B009 i.fACE25 . a Mf Packet Page -2513- • 6/12/2012 Item 17.C. 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 6 months, SECTION TWO: 'It shall be unlawful to continue such temporary use after expiration of the permit without linvina filed a request for extension. SECTION-TIMEE: Severance. If any section, subsection, sontencoI clause, phrase or portion of this Ordinance is, for any reason hold 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 harr -of. SECTION FOUR: 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 severed and the ,romainder shall have the full force in effect and be liberally construed. SECTION FIVE: Emergency. Ile it declared that an emergency exists and the immediate enactment of this Ordinance is nocossary, therefore, notice requirements are waived and this Ordinance shall take effect immediate upon its placement in the United States ),~tail to the Secretary of State. • ATTEST: BOARD OF COUNTY COMMISSIONERS 1 _ l OF COLLI N MIZAaret T. ott d Wenzel, rm.&n .�, Sd hoof Circuit Court , Approved as to form a'nd legality: '; r Bruner �(l% �•"_' David merson r'•;+�F� Collier County Attorney ,,'��r Original and duplicate mailed to the Secretary of State, Certified Mail No. this 2nd day of October, 1973. i Dan D. Driver, . . Fiscal Officer, Deputy Clerk. 13.17 WX , .1 tact EM —2— Packet Page -2514- 6/12/2012 Item 17.C. J 1 /x 0 �§rrrtfar� of x5katt 1;1" • _ LTATC OF FLORIDA JV TMC CAPITOL TAIAAMALLCC iL70A ALL -0f1L RImAnn (DICK) STONN LCCRETART or 57AIC October 8, 1973 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 "'VBy (Mrs. } r ..:ncy Kavanaugh Chief, Biireau of Laws BOOK 1 PAGE 251 -A Packet Page -2515- _ — - - -_ — 6/12/2012 Item 17.C. 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: 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 I oft Packet Page -2516- 0 6/12/2012 Item 17.C. 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 May, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY. FLORIDA , Deputy Clerk Approved as to forni and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney CPI12- COA -01 42511 By: FRED W. COYLE, Chairman 2of2 Packet Page -2517- 6/12/2012 Item 17.C. 260 )) Wednesday, May 30, 2012 )) N A P L E S D A l LY N E W S ITIer 0 far NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on Tuesday, June 12,.2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board' of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinances are as follows: AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE. NO. 86=78, AS AMENDED, WHICH CREATED THE CITIZENS ADVISORY COMMITTEE FOR THE COMPREHENSIVE PLAN; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 SEVERABIUTY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and.2re available for inspection. All interested parties are invited to attend and be heard. NOTE: 'Ail persons wishing to speak on any agenda item must register with the' County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to '3 minutes on any item. The selection of an individual to speak on. behalf of an organization or group is encouraged. -if recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the resppeective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days Prior to the public hearing. All material used in presentations before the Board will become -a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is. made, which record includes the 'testimony and evidence upon which the appeal is based. if you are a person with. a disability who -needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335.. Tarniami Trail East, Suite 0101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners'.Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) May 30. 012 No. 1949424 Packet Page -2518-