Agenda 06/22/2010 Item #17G
Agenda Item No. 17G
June 22, 2010
Page 1 of 28
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance repealing and replacing Ordinance No. 08-64, the
"Collier County Parking, Storage and Use of Recreational Vehicle Control Ordinance," in
order to relocate all applicable regulations from the Collier County Land Development
Code, specifically Section 2.01.00, to the Collier County Code of Laws and Ordinances.
OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached Ordinance
which repeals and replaces Ordinance No. 08-64, the "Collier County Parking, Storage and Use
of Recreational Vehicle Control Ordinance," in order to complete the process of relocating all
applicable regulations from the Collier County Land Development Code (LDC), specifically
Section 2.01.00, to the Collier County Code of Laws and Ordinances.
CONSIDERATIONS: As background, the Board, at its October 14, 2008 regular meeting,
directed that the regulations concerning the parking, storage and use of recreational vehicles be
relocated from LDC Section 2.01.00 to the Code of Laws and Ordinances. The Board also
directed certain amendments to these regulations relating to the parking of boats/trailers and
recreational vehicles on residential property. For reference, copies of the October 14, 2008
Executive Summary and Minutes are attached. On December 2, 2008, the Board adopted
Ordinance No. 08-64, the "Collier County Parking, Storage and Use of Recreational Vehicle
Control Ordinance," intended to relocate the provisions ofLDC Section 2.01.00, as amended by
the Board, to the Code of Laws and Ordinances, During the subsequent LDC amendment cycle,
however, staff determined that Ordinance No. 08-64 was deficient in that it did not relocate all
regulations as directed by the Board. The proposed Ordinance repeals and replaces Ordinance
No. 08-64 and addresses these omissions.
FISCAL IMPACT: Estimated cost of advertising the proposed Ordinance is $400.00.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Ordinance was drafted by the Office of the
County Attorney, was duly advertised and is legally sufficient for Board action. HF AC
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Ordinance repealing and replacing Ordinance No. 08-64, the "Collier County Parking, Storage
and Use of Recreational Vehicle Control Ordinance," completing the process of relocating all
applicable regulations from Section 2.01.00 of the Land Development Code to the Collier
County Code of Laws and Ordinances.
PREPARED BY:
Heidi Ashton-Cicko, Assistant County Attorney
Section Chief, Land Use/Transportation
10.0001/2
_.
Agenda Item No. 178
June 22, 2010
Page 2 of 28
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
17G
Recommendation to adopt an Ordinance repealing and replacing Ordinance No. 08-64, the
Collier County Parking, Storage and Use of Recreational Vehicle Control Ordinance, in order
to relocate all applicable regulations from the Collier County Land Development Code,
specifically Section 2.01.00, to the Collier County Code of Laws and Ordinances.
6/22/20109:00:00 AM
Meeting Date:
Prepared By
Heidi F. Ashton
Section Chief/Land Use-Transportation
Date
County Attorney
County Attorney
6/24/20103:06:06 PM
Approved By
Heidi F. Ashton
Section Chief/Land Use-Transportation
Date
County Attorney
County Attorney
51281201011 :32 AM
Approved By
Jeff Klatzkow
County Attorney
Date
6110/2010 11 :37 AM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
6/10/20103:39 PM
Approved By
Leo E OChs, Jr.
County Manager
Date
County Managers Office
County Managers Office
6/10/20105:00 PM
Agenda Item No. 17G
June 22, 2010
Page 3 of 28
ORDINANCE NO. 10-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO
REGULATE THE PARKING, STORAGE OR USE OF
VEHICLES BY PROVIDING FOR PURPOSE AND INTENT;
PROVIDING FOR TITLE; PROVIDING FOR
APPLICABILITY; PROVIDING FOR DEFINITIONS;
PROVIDING FOR LIMITATIONS ON PARKING, STORAGE
AND USE OF VEHICLES WITHOUT CURRENT LICENSE
PLATES; PROVIDING FOR LIMITATION ON PARKING,
STORAGE OR USE OF RECREATIONAL VEHICLES;
PROVIDING FOR PARKING OF COMMERCIAL VEHICLES
OR COMMERCIAL EQUIPMENT IN RESIDENTIAL AREAS;
PROVIDING LIMITATION ON BOATS OR OTHER
FLOATING EQUIPMENT AS DWELLING UNITS;
PROVIDING FOR REPEAL OF ORDINANCE NO. 08-64;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, welfare and safety of existing and future residents of the county by enacting
and enforcing regulations concerning the use of property necessary for the protection of the public;
and
WHEREAS, at its October 14, 2008 meeting the Board of County Commissioners (BCC)
directed that the regulations concerning the parking, storage and use of recreational vehicles be
moved from the Land Development Code (LDC) to the Collier County Code of Laws and
Ordinances; and
WHEREAS, also at the October 14, 2008 meeting the BCC directed that these regulations
be amended to provide additional time for recreational vehicles to be stored or parked on properties
within residentially zoned areas as well as (0 provide for a "streamlined" permitting process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Purpose and Intent
This Ordinance is hereby considered to be remedial and shall be construed and interpreted to
secure the public health and general welfare through the prevention of the long-term open storage of
vehicles about the front and sides of residentially zoned properties.
Page 1 of 5
Agenda Item No. 17G
June 22, 2010
Page 4 of 28
SECTION TWO: Title
This Ordinance shall be known and may be cited as the "Collier County Parking, Storage
and Use of Vehicle Control Ordinance".
SECTION THREE: Applicability
This Ordinance shall apply to, and be enforced Ill, all unincorporated areas of Collier
County, Florida.
SECTION FOUR:
Definitions
When used in this Ordinance, the following words, phrases, or terms shall have the
following meanings, unless the content clearly indicates otherwise:
1. RECREATIONAL VEHICLE: a vehicular type portable structure without permanent
foundation which can be towed, hauled or driven and primarily designed as a temporary
living accommodation when engaged in recreation, camping or travel use. This type of
vehicle includes but is not limited to travel trailers, truck campers, camping trailers, self-
propelled motor homes, boats, jet skis and trailers used for transporting the vehicles.
2. RESIDENTIAL DISTRICT: a residential zoning district as described in the Land
Development Code to include: RSF-I, RSF-2, RSF-3, RSF-4, RSF-S, RSF-6, RMF-6, RMF-
12, RMF.16, RT, VR and MH Zoning Districts as well as the single-family and multi-family
residential components of Planned Unit Development (PUD) Zoning Districts.
3. YARD, FRONT: The required open space extending across the entire width of the lot
between the front building line and street right-of-way line. Where double-frontage lots
exist, the required front yard shall be provided on both streets except as otherwise provided
for herein.
SECTION FIVE:
Limitations on Parking, Storage of Vehicles Without Current License
Plates
A. Vehicles or trailers of any type that are not immediately operable, or used for the purpose for
which they were manufactured without mechanical or electrical repairs or the replacement
of parts; or do not meet the Florida Safety Code; or do not have current valid license plates;
or do not meet the definition of Recreational Vehicle shall not be parked or stored in any
Residential District, including the E estates district, other than in a completely enclosed
building. For the purpose of this section, a license plate shall not be considered valid unless
it is both affixed to a vehicle or trailer in a fashion authorized by Florida law and is
registered to the vehicle or trailer upon which it is displayed.
SECTION SIX:
Limitation on the Parking, Storage or Use of Recreational Vehicles
A. No Recreational Vehicle shall be used for living, sleeping, or housekeeping purposes when
parked or stored on a lot in a Residential District, or any location not approved for such use.
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Agenda Item No. 17G
June 22, 2010
Page 5 of 28
In districts permitting single family homes or mobile homes, a Recreational Vehicle may be
parked or stored only in a rear yard, or in a completely enclosed building, or in a carport, or
on davits or cradles adjacent to waterways on residentially zoned property; provided,
however, that such Recreational Vehicle may be parked anywhere on residential premises,
other than on county rights-of-way or right-of-way easements for a period not to exceed six
hours within a time period of seven days for loading and unloading, and/or cleaning prior to
or after a trip. For the purpose of this section, the rear y,\rd for a corner lot shall be
considered to be that portion of the lot opposite the street with the least frontage. For
through lots, the rear yard shall be considered to be that portion of the lot lying between the
rear elevation (by design) of the residence and the street.
B. The following exceptions may be granted by the County Manager or his designee:
I. Recreational Vehicles may be parked only on a driveway located within the front yard
and/or on a driveway located within the side yard of a single-family or mobile home
residence other than on County rights-of-way or right-of-way easements for a period not
to exceed 48 hours within any given 7-day time period so long as a permit is obtained
from the Collier County Code Enforcement Department. Said permit must be affixed to
the Recreational Vehicle in such a way that the permit is visible from the street. Such
permits shall be available on-line at the Collier County Code Enforcement Department
website.
2. Recreational Vehicles may be parked upon the premises of the resident for a period not
exceeding seven days for the purpose of repairing and/or cleaning prior to or after a trip.
A temporary use permit must be obtained from the Collier County Code Enforcement
Department to authorize this activity. Said permit must be affixed to the Recreational
Vehicle in such a way that the permit is visible from the street. No more than two
consecutive permits may be issued and the maximum number of permits issued during
one calendar year shall be restricted to four.
3. Nonresident: Such car, trailer, bus or motor home, when used for transportation of
visitors to this county to visit friends or members of the visitor's family residing in this
county may be parked upon the premises of the visited family for a period not exceeding
seven days. A temporary use permit must be obtained from the Collier County Code
Enforcement Department to authorize this activity. Said permit must be affixed to the
Recreational V chicle in such a way that the permit is visible from the street. This does
not allow for living, sleeping, or housekeeping purposes. No more than two consecutive
permits may be issued and the maximum number of permits issued during one calendar
year shall be restricted to four.
SECTION SEVEN: Parking of Commercial Vehicles or Commercial Equipment in
Residential Areas
It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a
Residential District unless one of the following conditions exists:
I. The vehicle and/or equipment is engaged in a construction or service operation on the
site where it is parked. The vehicle or equipment must be removed as soon as the
Page 3 of5
Agenda Item No. 17G
June 22, 2010
Page 6 of 28
construction or service activity has been completed.
2. The vehicle and/or equipment is parked in a garage or fully enclosed structure or carport
which is structurally or vegetatively screened and cannot be seen from adjacent
properties or the street serving the lot.
3. The vehicle is parked in the rear of the main structure and is enclosed within a vegetative
screening which conceals the yehicle from the yiew of neighbors.
4. Automobiles, passenger type yans, and pickup trucks having a rated load capacity of one
ton or less - all of which do not exceed 7.5 feet in height, nor 7.0 feet in width, nor 25
feet in length shall be exempted from this section unless otherwise prohibited by a
special parking overlay district created pursuant to LDC Section 2.03_07 M.
5, Exempted from this section are small commercial equipment such as ladders and pipes
that cannot be contained in the vehicle. Said equipment shall be limited to one ladder or
one unit of pipe which does not exceed 12 inches in diameter per commercial vehicle.
Said equipment shall be secured atop the vehicle and shall not extend beyond the length,
height or width of the vehicle.
SECTION EIGHT: Limitation on Boats or Other Floating Equipment Used as Dwelling
Units
Boats or other floating equipment being used as dwelling units or as commercial
establishments may not anchor or tie up in waters under the jurisdiction of the county for longer
than 48 hours, except at facilities located in zoning districts permitting such use and at facilities
within such districts designated for such use and meeting county and state health standards for
such use.
SECTION NINE: Repeal of Ordinance No. 08-64
This Ordinance repeals and supersedes Ordinance No. 08-64.
SECTION TEN: 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 court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION ELEVEN: 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
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
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Agenda Item No. 178
June 22, 2010
Page 7 of 28
SECTION TWELVE:
Effective Date
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of ,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
~\I'\ G
Heidi Ashton-Cicko
Section Chief, Land Use/Transportation
10.0001/4
Page 5 of 5
Agenda Item No. 17G
June 22, 2010
Agenda Il~ tlJl'i8
October 14, 2008
Page 1 of 5
EXECUTIVE SUMMARY
That the Board of County Commissioners (Board) provide staff guidance as to how to
proceed regarding tbe direction from the Board to amend the Land Development Code
(LDC) in order to address changes to the Land Development Code regarding the parking
of boats on trailers and recreational vehicles in a front yard for more than six (6) hours.
OBJECTIVE:
To request that the Board provide guidance as to how to proceed with Board direction to make
the needed amendments to the code related to the parking of boats and recreational vehicles in
front yards for periods greater than six hours,
CONSIDER<\TIONS:
During the regular meeting of the Board of County Commissioners on September 9, 2008, under
Item 15, Staff and Commission General Communications, Commissioner Halas proposed the
idea of allowing for boats on trailers and recreational vehicles to exceed the mandated six hour
limitation for parking in front of a residential property and in doing so allow the property owner
to temporarily store such items up to 48 hours. In addition, Commissioner Halas proposed the
development of an on-line web-based pennitting system for property owners to apply for any
needed permit and a system that would allow for the printing of the required temporary permit
for posting on the boat or vehicle. The Board concurred with the recornmendalion and directed
that staff review the codes and advise as to what action would be needed to make the required
change.
The existing goveming code in the Collier County Land Development Code (LDC) is a follows
(bold font added to highlight key points):
.--
2.01.00 GENERALLY
A. Parking and storage ()fvehicles l..;thout current license plates. Vehicles (lr trailer of
any type that are not immediate!,' operable, or used.for the purpose.for which they were
mal1l!fac/ured l~itholit mechanical or electrical repairs or the replacement o.fparts; or do
not meet the Florida Sa.fety Code; or do not have current "alid license plates; or do not
meet the definition of recreational equipment as defined >>,thin this Code, shall not be
parked or stored on any residentially zoned or designated property, including the E
estates district, other than in a eompleteZF enclosed building. For the purpose of thLf
section a license plate shall not be considered valid unless it is both affixed to a vehicle
or trailer in a .fashion authorized by Florida 10'\1' and is registered to the vehicle or trailer
upon which it is displayed.
B. Parking. storage or llse afmajor recreational equipment. No recreational equipment
shall be used for living, sleeping, or housekeeping purposes when parked or stored on a
residentially zoned lot, residential districts, or any location not approvedfor such use. In
districts permitting single:familv homes or mobile homes, major recreational equipment
may be parked or stored only in a rear yard, or in a completely enclosed building. or in a
1
Agenda Item No 178
June 22, 2010
Agenda I~~o'! ~B8
October 14,2008
Page 2 of 5
carport, or on davits or cradles adjacent to "aterways on residential(v zoned property;
provided, however. that such equipment may be parked anywhere on residential
premises, other thall on county rights-of-way or right-q(-way easements for a period not
to exceed six hours within a time period a/seven days far loading and unloading, and/or
cleaning prior to or after a trip. For the purpose of this section the rear yard fOl' a corner
lot shall be considered to be that portion q(the lot opposite the street with the least
Fontage. For through lots the rear yard shall be considered to be that portion of the lot
lying between the rear elevation (by designl of the residence and the street.
Thefollowing exceptions may be granled by the County Manager or designee:
1. Such recreational equipment may be parked upon the premises of the resident for a
period not exceeding seven days for the purpose of repairing and/or cleaning prior to
or after a trip. A temporary use permit must be obtained to authorize this activity. 171e
pel71Tit for such period shall be affIXed to the vehicle in a conspicuous place on the street
side thereof No more than two consecut;,'f! permits may be i"sued and the maximum
number o.(permits Issued during one calendar year shall be restricted to four.
,-
Note that the cun'ent language does allow for the parking of such vehicles for up to seven days
but only 4 times per year with no two consecutive weekly permit. Staff notes that this element of
the Land Development Code has nothing to do with land use and as sueh these types of
restrictions are better suited as elements within the Collier County Code of Laws and
Ordinances. Ordinances related to the Code of Laws are much simpler to create and amend and
do not require public hearing through the Development Services Advisory Committee (DSAC)
and the Collier County Planning Commission (CCPC) or the approval by the Board of a special
cycle LDC amendment cycle. Staff with the concurrence of a Board approved contractor is in
the process of a long telm project to separate these types of restrictions that deal with community
behavior from the LDC and have them placed in the appropriate ordinances for codification into
the Code of Laws and Ordinances.
Amendments to the Collier County Land Development Code may be made not more than two
times during any calendar year, as scheduled by the County Manager, except amendments to the
LDC may be made more often than twice during the calendar year if the Board, by at least a
super-majority vote, directs that additional amendments be made for specific purposes. In
addition, the Board recently directed that the County Manager reduce the number of amendment
cycles a year to no more than one cycle per year and to limit amendments to those that are
deemed to be required or needed changes to rectify identified faults in the code, to correct
specific items as mandated by the State of Florida, or to eliminate or amend requirements of the
LDC that are deemed to be no longer needed or acceptable by the Board. This amendment
appears to qualify under those restrictions.
The Board has already approved a Special Cycle with the dates noted below to deal with the
required amendments to address an urgent amendment to the Land Development Code in
response to the Opinion and Order of the U.S. District Court (filed February 13, 2008) which
declared sections of the Collier County "Sign Code" unconstitutional.
-
2
Agenda Item No. 17G
June 22, 2010
Agenda ~ii\!ilENlP. ro~8
October 14, 2008
Page 3 of 5
Special Cycle hearing dates:
McetInl!
CCPC Regular Meeting I
CCPC LDC Meeting 2
BCC Regular Meeting
BCC Regular Meeting
Dav
Date
October 1 6
November 6
November 25
December 9
Time
Thursday
Thursday
Tuesday
Tuesday
8:30 a.m.
8:30 a.m.
9:00 a.m.
9:00 a.m.
Options:
,-
1. Include the amendment in the approved Special Cycle. The proposed amendment does
not constitute a change in land use or zoning and, as such, the Board by super-majority
approval can approve that this amendment be added to the previously approved Special
Cycle. This is the most expeditious approach to effect the change; however, it
perpetuates the practice of posting administrative and community behavioral restrictions
in the LDC.
2. Delay to a future "regular" LDC amendment cycle with the understanding that in doing
so the proposed change may not be heard by the Board until September or October of
2009. As with option I above, this option continues the practice of posting
administrative and behavioral restriction in the LDC.
3. Remove the restriction from the LDC as part of an amendment for consideration during
the approved Special Cycle and create a special ordinance to deal with this issue or
amend an existing ordinance dealing with similar issues for codification into the Code of
Laws and Ordinances. Considering that the existing clement in the LDC dealing with the
licensing and parking of such vehicles should not be part of the LDC in that it is not
related to regulating land development, this entire section should be cxtracted from the
LDC and incorporated into the Code of Laws and Ordinances. Removing this element
form the LDC would still require a future amendment to remove the section from the
LDC,
LEGAL CONSIDERATIONS:
If the Board elects to proceed with including this amendment in the Special Amendment Cycle
then pursuant to the authority of Section ] 0.02.09 of the LDC, the Board of County
Commissioners may, by at least a super-majority vote, direct that this proposed amendment be so
considered. Since this proposed amendment would not change zoning classification of land,
Section 10.03.05 of the LDC requires both the Planning Commission and the Board of County
Commissioners to hold at least one advertised public hearing on the proposed ordinance. The
Board may hear this proposed amendment at any regular or special meeting, provided due notice
is given. -HFAC
FISCAL IMPACT:
Staff time and associated advertising costs estimated to be approximately $2,500 for the
__ proposed amendments to the Land Development Code.
3
Agenda Item No. 178
June 22, 2010
Agenda lililRfNb1 \{fig8
October 14,2008
Page40f5
.-
GROWTH MANAGEMENT IMPACT:
Staff, as part of !be LDC review and vetting process will assess the proposed amendment to the
LDC for consistency witb tbe Collier County Grov.'tb Management Plan.
STAFF RECOMMENDATION:
Staff recommends option 3, specifically that the Board direct staff to develop an ordinance to
amend the restrictions related to the parking of boat on trailers and recreation vehicles to allow
for tbe parking of such vehicles for a period of up to 48 hours and incorporate the restrictions
into the Code of Laws and Ordinances and once reviewed and approved by the Board remove the
respective language from the LDC.
Preuared bv: Joseph K. Schmitt, CDES Administrator
-
,..-
4
Agenda Item No. 17G
June 22, 2010
Page 12 of 28
October 14-15,2008
CHAlRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAlRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously. Thank
you, County Manager.
MR. MUDD: Commissioner, lOB?
CHAIRMAN HENNING: Yeah.
Item #10B
STAFF GUIDANCE AS TO HOW TO PROCEED REGARDING
THE DIRECTION FROM THE BOARD TO AMEND THE LAND
DEVELOPMENT CODE (LDC) IN ORDER TO ADDRESS
CHANGES TO THE LAND DEVELOPMENT CODE
REGARDING THE PARKING OF BOATS ON TRAILERS AND
RECREATIONAL VEHICLES IN A FRONT YARD FOR MORE
THAN SIX (6) HOURS - MOTION TO APPROVE OPTION #3 -
APPROVED
MR. MUDD: Next item is lOB, that the Board of County
Commissioners provide staff guidance on how to proceed regarding
the direction of the board to amend the Land Development Code in
order to address changes to the Land Development Code regarding the
parking of boats on trailers and recreational vehicles in the front yard
for more than six hours, and Mr. Joseph Schmitt, your administrator
for community development's environmental services, will present.
CHAIRMAN HENNING: Commissioner Halas had this item
brought forward. I'm in favor of allowing it all weekend, you don't
have to sign up, take a ticket, or anything. There would be -- provide
less staff, and the boat has to be in storage off property by what, eight
Page 154
Agenda Item No. 178
June 22, 2010
Page 13 of 28
October 14-15,2008
o'clock at night on Sunday?
COMMISSIONER HALAS: Sunday night, yeah. I just wanted
to -- we have some concerns by some of the citizens in different
communities whereby they can have a boat, they have it in a storage
lot, they bring it to their residence, boat or motor home. A lot of times
they bring the boat or motor home home on a Friday night from a
storage area, they wash it.
Right now, the law says that they can only have it there for six
hours, so that means that if they try to abide by the law, then they have
to haul it back, and then in the morning go pick it up again from the
storage area so they can go boating.
I think that -- the recommendation that I'd like to see is whereby
Code Enforcement does not get harassed all the time by citizens who
say, this boat's been here for six or eight hours beyond the time
limited.
I felt that if we could put together the ordinance whereby the
homeowner who has the motor home or the boat can go on line --
because the majority of the people now have computers -- where they
can go online and download a permit that can be posted on the boat or
the motor home starting at the time that they applied for it, for 48
hours. And if someone in the neighborhood happens to see the permit,
then they realize they're in compliance.
The other thing is, if somebody complains, then Code
Enforcement can immediately, instead of dispatching somebody, to
take time and burn gas and everything else, they can look and see that
this individual has applied for the permit for 48 hours, and he's entitled
to a 48-hour permit just on the weekends, and then the next weekend
he can apply again, or she can apply again for the next 48 hours and
then leave the ordinance, the rest of the ordinance as such.
I think there's, what, they can have a motor home for seven days?
How does that read at the present?
MR. SCHMITT: For the record, Joe Schmitt, your Administrator
Page 155
Agenda Item No. 17G
JUl1e 22, 2010
Page 14 of 28
October 14-15, 2008
of Community Development, Environmental Services Division.
The LDC now reads they can park a vehicle, a boat on trailer or
motor home up to seven days, four times a year, with no two
consecutive weeks.
COMMISSIONER HALAS: Okay.
MR. SCHMITT: So basically one week at a time, four times a
year.
COMMISSIONER HALAS: Right. But if they have a boat or
motor home and they go out every weekend, then they're prohibited
because they only got a seven-hour time frame.
MR. SCHMITT: Correction, that's six hours.
COMMISSIONER HALAS: So as Commissioner Henning said
that he would be in favor, as myself, a 48-hour grace period from
Friday evening until Sunday night at eight o'clock where the boat can
no longer be at the premises.
MR. SCHMITT: I'm fine whichever way you want to go. My
recommendation is we remove this from the LDC.
COMMISSIONER HALAS: And basically --
MR. SCHMITT: It does not belong in the LDC and we create a
separate ordinance, I'll find an ordinance either that this will go into or
we'll create a separate ordinance that will govern this because it
governs behavior. It does not govern land development.
COMMISSIONER HALAS: Right. And this would be under
option number three, I believe, that that n
MR. SCHMITT: Option number three, yes, sir.
COMMISSIONER HALAS: -- was put into our summary. So
I'll leave it open for discussion for my fellow commissioners, and then
at the time we can make a motion to move forward on this.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I think Commissioner Halas has
done it rather well, I think. I'll make a motion to support his position
Page 156
Agenda Item No. 17G
June 22, 2010
Page 15 of 28
October 14-15, 2008
COMMISSIONER FIALA: I'll second it.
COMMISSIONER COYLE: -- that we take it out of the Land
Development Code, put it in the Code of Ordinances, and that you
have an automated permit process.
MR. SCHMITT: Can I clarify, forty-eight hours, but you're
saying on weekends only up to 48 hours, or just 48 hours anytime?
COMMISSIONER HALAS: Well, why don't we make it 48
hours anytime, but they -- they can't have two 48 hours consecutive,
because then that would --
MR. SCHMITT: Okay, that's fair.
COMMISSIONER HALAS: Okay.
MR. SCHMITT: And just so the board understands, of course,
this is primarily in those areas that are not covered by deed restrictions
or covenants. So you're talking a fairly limited number of
communities that this will take place, primarily in those platted
subdivisions without governing bodies to govern any type of deed
restrictions or homeowner restrictions.
CHAIRMAN HENNING: Okay. That's consensus.
MR. SCHMITT: We will do it.
CHAIRMAN HENNING: Yep. There's one other thing.
MR. SCHMITT: Sure.
CHAIRMAN HENNING: While you're looking to do something
with the Land Development Code under, I think it's 8.8, I was looking
at it last night, it refers to the Code Enforcement Board, the CEB
board --
MR. SCHMITT: Yes.
CHAIRMAN HENNING: -- and we have a consolidated
ordinance. I believe it does the same thing.
MR. SCHMITT: Yes.
CHAIRMAN HENNING: So if you would take a look at that,
and maybe it would be worthwhile in removing that from the LDC.
MR. SCHMITT: Our consultant -- and I covered that in the
Page 157
Agenda Item No. 178
June 22, 2010
Page 16 of 28
October ]4-]5,2008
executive summary briefly. We're working with a consultant to try
and remove all that, I would call it, administrative criteria out of the
Land Development Code. This is the next step beyond the re-
codification, was to take some of that language, put it in the
appropriate codes of laws and ordinances.
CHAIRMAN HENNING: Right, okay.
MR. SCHMITT: Yes, thank you.
CHAIRMAN HENNING: Thank you.
Next item?
MR. MUDD: Commissioner, that would bring us to --
MS. FILSON: I have a motion and a second.
CHAIRMAN HENNING: Pardon?
MS. FILSON: I have a motion and a second.
CHAIRMAN HENNING: Who do have you a motion from?
COMMISSIONER COYLE: Me.
MS. FILSON: Commissioner Coyle, and the second from
Commissioner Fiala.
CHAIRMAN HENNING: Commissioner Coyle and
Commissioner Coletta (sic), okay. I didn't hear it. I understood that
Commissioner Coyle said he'd support Commissioner Halas' motion.
COMMISSIONER COYLE: No. I said I would -- I said I made
a motion to --
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: -- incorporate Commissioner Halas'
proposal.
CHAIRMAN HENNING: So there's a motion and a second.
All in favor of the motion, signifY by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
Page] 58
Agenda Item No. 17G
June 22, 2010
Page 17 of 28
October 14-15, 2008
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MR. MUDD: Okay. Now, I want to make -- I want to make sure
I've got the motion down.
CHAIRMAN HENNING: Number three.
MS. FILSON: The motion was Commissioner Coyle, the second
was Commissioner Fiala.
MR. MUDD: No, I understand that, but when the motion was
given, it was for a Friday evening through a Sunday and 48 hours, and
the final direction, consensus that I got was 48 hours --
COMMISSIONER HALAS: Hours, anytime.
MR. MUDD: -- anytime as long as you don't have two 48-hour
periods that are consecutive. Is that what everybody agreed to during
that motion?
COMMISSIONER HALAS: Yes.
MR. MUDD: Okay. Thank you.
Item #10C
RESOLUTION 2008-307: RECOMMENDATION TO CONSIDER
THE HABITAT CONSERVATION PLAN ADVISORY
COMMITTEES RECOMMENDATION TO REDUCE THE
MEMBERSHIP OF THE HABIT A T CONSERVATION PLAN
ADVISORY COMMITTEE FROM 13 MEMBERS TO 9
MEMBERS AND TO EXTEND THE COMMITTEES TERM 3
YEARS - ADOPTED W/CHANGES
That brings us to 10C. It's a recommendation to consider the
Habitat Conservation Plan Advisory Committee's recommendation to
reduce the membership of the Habitat Conservation Plan Advisory
Committee from 13 members to nine members and to extend the
Page 159
Agenda Item No. 17G
June 22, 2010
Page 18 of 28
ashton h
From:
3ent:
To:
ash ton h
Monday, March 22, 2010 12:01 PM
Strain Mark; MurrayRobert; ReedCaronOonna; HomiakKaren; SchifferBrad; WolfleyOavid;
Vigliotti Robert; 'pmidney@collier.org'; 'norskitor@aol.com'; 'eastmath@collier.k12.fl.us'
KlatzkowJeff; bellows_r; IstenesSusan
FW: 10.0001 Parking, Storage and Use of Recreational Vehicle Control Ordinance: LOC
Section 2.01.00
Cc:
Subject:
Planning Commissioners:
This e-mail relates to the proposed deletion of Section 2.01.00 of the LOC regarding recreational vehicles, which you are
scheduled to hear on Wednesday. As you may recall, a portion of this Section was moved to the Code of Laws by
Ordinance No. 08-64. I have created a new ordinance for your consideration which contains the entire text of Section
2.01.00 and the new language in Ord. 08-64. If approved by the Bce based on your recommendation, the new
ordinance will be codified in the Code of laws.
Attached below is the proposed Ordinance. I have underlined the portions of this ordinance which were not part of
Section 2.01.00 of the lDCfor review purposes. [These were added in Ord. 08-64] I have also noted in bold/italics where
the Estates is not included for ease of reference. Please note that Sections 2.01.00.8.5 and 6 of the LDC pertaining to
condominiums and deed restrictions have not been included because it is a recital of current law.
I will be bringing extra copies for the meeting on Wednesday. If you'd like more time for review, this item can be
continued to your April 1 meeting,
J(."J;, kJJ"",,-euk
Heidi Ashlon-Cicko
Assistant County Attomey
Land Use Section Chief
Phone (239) 252-8400
Fax (239) 252-6300
~
Parking, Storage
and Use of Re...
Under Florida Law, e-mail <:iddresses are public records If you do not want your e-mail address released in response 10 a public records reOt.;est do not send
electronic mail 10 this entIty Instead, contad this office by telephone or in writing.
1
Agenda Item No. 17G
June 22, 2010
Page 19 of 28
ORDINANCE NO. 10-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO
REGULATE THE PARKING, STORAGE OR USE OF
VEHICLES BY PROVIDING FOR PURPOSE AND INTENT;
PROVIDING FOR TITLE; PRgVIDING FOR
APPLICABILITY; PROVIDING F9R DEFINITIONS;
PROVIDING FOR LIMITATIONS OW PARKING, STORAGE
AND USE OF VEHICLES WITHOUTCrj~~ENT LICENSE
PLATES; PROVIDING FOR LIMITATlONi~pN PARKING,
STORAGE OR USE OF RE;CREATIONAt.;YEHICLES;
PROVIDING FOR PARKINq,Oy'COMMERCIAL'VEHICLES
OR COMMERCIAL EQUIPMENT IN RESIDENTIAL AREAS;
PROVIDING LIMITATIONQN BOATS ORO'fHER
FLOATING EQUIPMENT As DWELLING UNITS;
PROVIDING FOR RE,I'EAL OF ORDINANCE NO. 08-64;
PROVIDING FOR ,CONFLICT Al'\D SEVER"'BILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
{l/~!>':""::~~'>~;~';~j~0~:;:. '\t~~ ,.;~;f:.;.:;
WHEREAS, C'f1~.pter 125,F'I~rida Statu~e~festablishes right and power of counties to
provide for the health, welf"re and safety of existing and future residents of the county by enacting
and enforcing regl,!!<;t,!.ions cb'1~eminglhe'y.se. of prbperty necessary for the protection of the public;
and 'c <..:'l,t"';\121ki' ' .' '. 'u, ,<:, 'f:iii)
W-ijEREAS, at itd1fctober 1'4; 2008 meeting the Board of County Commissioners (BCe)
directed th~'f tbe regulations concerning the parking, storage and use of recreational vehicles be
moved from the~and Develop'inent c6de (LDC) to the Collier County Code of Laws and
Ordinances; and ".
-",', '.~..
....';..,
WHEREAS, alkd'at the qd10ber 14,2008 meeting the BCC directed that these regulations
be amended to provide adCiitioqaf'iime for recreational vehicles to be stored or parked on properties
within residentially zoned area.s as INell as to provide for a "streamlined" permitting process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS m- COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Purpose and Intent
This Ordinance is hereby considered to be remedial and shall be construed and interpreted to
secure the public health and general welfare through the prevention of the long-term open storage of
vehicles about the front and sides of residentially zoned properties.
Page 1 of 5
Agenda Item No. 178
June 22, 2010
Page 20 of 28
SECTION TWO: Title
This Ordinance shall be known and may be cited as the "Collier County Parking, Storage
and Use of Vehicle Control Ordinance".
SECTION THREE: Applicability
This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier
County, Florida. .
/~j]~}1r~i;;;
SECTION FOUR: Defjnitions.A~\;itt!t;~.,;
When used in this Ordinance, the followip.g' ;;i\klords,"pffi-ases, or terms shall have the
following meanings, unless the content c1ear!y indicates otherwise: ' ,
'-i:'~%~~:,~..
3.
1. RECREATIONAL VEHICLE: a vJM&iuar type portable st;:h~i\u'e without permanent
foundation which can be towed, hauled ':Mi~#riven afidprimarily d~~1~ed as a temporary
living accommodation when engaged in recrea,tlon, camping or travel'use, This type of
vehicle includes but is not lilIl.it~i!:;:to travel trail~r.~,;:.fruck campers. caniping trailers, self-
propelled motor homes, boats.hitskis':ilnd trailers us~d.Jor transporting the vehicles.
,..'.<.'... ""'.." "-, :";.'.-
.:::::.;.'~~t~~~;,;:~.. , -:;,:.:,~~:;.,,:,
2. RESIDENTIAL DISTRICT: a':::residential~qning dI~trict as described in the Land
Development Codelo include: RSF-1. RSF-2,.RSF-3, RSF-4, RSF-5. RSF-6, RMF-6. RMF-
12, R1\1F-16_ RT.VR andMH Zoning Distri~ts as well as-the single-familv and multi-family
residential components of Planned Unitr;hi~elopment (HiD) Zoning Districts. [NOTE:
Does not incllldeEstates!,>.': . .'
....: .0 . :'".. ,':"'::-:; '_ :" ,":::~:iili{~)~~:;:::~~~~,S";', _ _'~:~~~;
Y ARiMFRON'r.: The :;~~'ti'~~d"~~~J:lac~::;~Xtending across the entire width of the lot
between the frorii~Hilding line and street right-of-way line. Where double-frontage lots
exist; .the required frdnt yard shall be provided on both streets except as otherwise provided
for herein.
SECTION FIVE:
',',,',','
.,;,,:.;.,
'}iLimitatiolfi'on Parking, Stllrage of Vehicles Without Current License
.. : Plates
.'->>:'-'..
A. Vehicles or trailers:8f~~9type that are not immediately operable, or used for the purpose for
which they were marlllfactured without mechanical or electrical repairs or the replacement
of parts; or do not meet the Florida Safety Code; or do not have current valid license plates;
or do not meet the dcfinition of Recreational Vehicle shall not be parked or stored in any
Residential District, including the E estates district, other than in a completely enclosed
building. For the purpose of this section, a license plate shall not be considered valid unless
it is both affixed to a vehicle or trailer in a fashion authorized by Florida law and is
registered to the vehicle or trailer upon which it is displayed.
SECTION SIX:
Limitation on the Parking, Storage or Use of Recreational Vehicles {does
not include Estates}
Page 2 of 5
Agenda Item No. 17G
June 22. 2010
Page 21 of 28
A. No Recreational Vehicle shall be used for living, sleeping, or housekeeping purposes when
parked or stored on a lot in a Residential District, or any location not approved for such use.
In districts permitting singlc family homes or mobile homes, a Recreational Vehicle may be
parked or stored only in a rear yard, or in a completely enclosed building, or in a carport, or
on davits or cradles adjacent to waterways on residentially zoned property; provided,
however, that such Recrcational Vehicle may be parked anywhere on residential premises,
other than on county rights-of-way or right-of-way easements for a period not to exceed six
hours within a time period of seven days for loading and unloading, and/or cleaning prior to
or atier a trip. For the purpose of this section, the rear yard for a corncr lot shall be
considered to be that portion of the lot opposite the sti'eet with the least frontage. For
through lots, the rear yard shall be considered to be t:J.ii!! portion of the lot lying between the
fear elevation (by design) of the residence and thestteii'1;~,
B.
The following exceptions may be granted.l>.~}he County Manag~r or his designee:
::;';"i';.::>;.
'-.i. .
.X~::::.:'
2. Recreation1l.t'Vehicles niay be park~~rllJd~ the prerri;;es of the resident for a period not
exceeding seven:days for the purpose ofrepairing and/or cleaning prior to or after a trip.
Atempo!~ry use permitITlusib~obtained from the Collier County Code Enforcement
J)ep!iTim~nt to authorize this activity. Said permit must be affixed to the Recreational
.. Vehicle in SUQh~ a way that the permit is visible from the street. No more than two
consecutive permits may be issued and the maximum number of permits issued during
one calendar year shall be restricted to four. .
'-',";'.';:
:: :::.,.;- ~.->;
3. Nonresid~+)t: Such car, trailer, bus or motor home, when used for transportation of
visitors i6.' this county tb' visit iriends or members of the visitor's family residing in this
county maybe parked upon the prcmises of the visited family for a period not exceeding
seven days. Atenlporary llse permit must be obtained from the Collier County Code
Enforcement Department to authorize this activity. Said permit must be affixed to the
Recreational Vehiclc in such a way that the permit is visible from the street. This does
not allow for living, sleeping, or housekeeping purposes. No more than two consecutive
permits may be issued and the maximum number of permits issued during one calendar
year shall be restricted to four.
SECTION SEVEN: Parking of Commercial Vehicles or Commercial Equipment in
Residential Areas
It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a
Residential District [does /lot include Estatesj unless one of the following conditions exists:
Page 3 of5
Agenda item No. 178
June 22, 2010
Page 22 of 28
I. The vehicle and/or equipment is engaged in a construction or service operation on the
site where it is parked. The vehicle or equipment must be removed as soon as the
construction or service activity has been completed.
2. The vehicle and/or equipment is parked in a garage or fully enclosed structure or carport
which is structurally or vegetatively screened and cannot be seen from adjacent
properties or the street serving the lot.
3. The vehicle is parked in the rear of the main structure and is enclosed within a vegetatiye
screcning which conceals the vehicle from the view o(neighbors.
4. Automobiles, passenger type vans, and pickup ~e~~'1'f~~ing a rated load capacity of one
ton or less - all of which do not exceed 7.5feei,''ir(height, nor 7.0 feet in width, nor 25
feet in length shall be exempted from this'section.J.\g,less otherwise prohibited by a
special parking overlay district created p;m:~tlant to LDC:-~~ction 2.03.07 M.
~.- :-)';',
. :~;', ' '~';;:;::;:~"
5. Exempted from this section are smaWcommercial equipmen{~'ilch as ladders and pipes
that cannot be contained in the vehicle.Saip equipment shall be Iimit~d to one ladder or
one unit of pipe which doc.> not exceed 12 inches in diameter per commercial vehicle_
Said equipment shall be sflQured atop the vehicle:aJ:ld shall not extend beyond the length,
height or width of the vehicl~\h';:Mi,. '.:,::,.
"':~:::~":_ ";<i~~:~::... ',_ -'~~:;~,.:
SECTION EIGHT: LimitaJion on Bo~t$ or Othl,lt.Floatin:~',Equipment Used as Dwelling
. ;","~~~':?:. ~:~,:.;~. . -;: '," "
Umts ,.".", . " '
""". ~'-,<" ....:.:.:.;':...:~~:.//,',;);.~;;::;:~'..,
.~:,~:>,.::::;:_::':;. '>\';:":~~;i~~:;t<<. _:'., _ ......>~::.:-:.:: ..~. :x.- ..'~
Boats or oth~hf:)9ating 'i4~ipment b@ih~""~sed as '::d\velling units or as commercial
establishments may nbYipchor or *i.e up in waters under the jurisdiction of the cOlmty for longer
than 48 h9,urs,.eJ<pept at facilitie.,Ibcatedin zoning districts permitting such usc and at facilities
within..such distFict-> designated for suchllseand meeting county and state health standards for
Suchlise. "",,,,..,
-<,::~.
~.".'.'.','.
":;~$;~:~.
......~.'i. ,
SECTION ~E:
'<8~
'.' '..' ',-,-
.,-.'..... ..
.... ..',
-,..,.,.... . .
Repeal of:Ofdinan~'e;~o. 08-64
This Ordin3h'~ repeals and:~upersedes Ordinance No. 08-64.
,-' ......
":.::.;
SECTION TEN: Conflicta-n<l 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 court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shaJl not affect the validity of the
remaining portion.
SECTION ELEVEN: 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
relettered to accomplish such, and thc word "ordinance" may be changed to "section", "article", or
Page 4 of5
, . , ,
Agenda Item No. 178
June 22, 2010
Page 23 of 28
any other appropriate word.
SECTION TWEL VE:
Effective Date
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of ,2010.
,4~~S1~}
ATTEST:
DWIGHT E, BROCK, CLERK
By:
, Deputy Clerk
BOARD OF GQQFTY COMMISSIONERS
COLLIER GPf:JN'J:X, FLORIDA
. ,"".,' " \~,",'
,.,~-:;. ,'>'- ":;~>: -',
.., ...... "~:~-'.;..>,
..::: .;-".,. "~~~,'~.~::::,.
By{(?tip" -":'::
.fRED W. COYLE, Chaimi:m.
"::tf~}i:::,. '-::;(j~.~<:.~",:~.....,...,.". ".'
,.;~:~~:~~;: . '-
Heidi Ashton-Cicko'::iN",< "',' .
Section Chief, Land Us.6!'J'ranspori#.?~lll
',:: ":;:;<:,
~;.~~, .',N'.
..~;.~~t. )'{,
'<S"~k~;.~.~'..~f.~~tW(~;';f;::,> ..'
, '.,-'..-.
. :.: '~':';-~',~.
Approved as to form
and legal sufficiency;
10.000111
.,',
"::1:;:\~:
.~,,\,:~
~=:':::':;'
Page 5 of 5
.....
}
,
Agenda Item No. 178
June 22. 2010
Page 24 of 28
From:
Sent:
To:
Subject:
IstenesSusan
Wednesday, September 09,20091:22 PM
PerezCristina
RE: Section 2.01.00 -recreational vehicles in the Estates
Correct. The code reads any district that permits single family homes so that would include
the Estates and Agrtcultural as well as the residential districts.
Give me a call If you want to discuss further. The code describes things In a variety of ways-
either by district (such as Estates. Agricultural, Multi-famlly- RMF. Commercial C, etc.) OR by
classification (Estates. RSF, RMF, C 1-5. etc) OR by use (single family residential. industrial.
commercial. resldent.ial. etc) so depending on how t.hlngs are stated in the Code there can be
some crossover between distJicts which gets confusing. In this case tt describes the affected
districts by use (single family residential or mobile homes) so any district allowing those uses
would have to have the "stuff' stored in the rear yard. bulding, carport, etc.
Susan eM. Istrnes, .:AIet', Virectvr
Veyart-ment of Zcrnil1B ana Lana veveCoyrrumt :Review
From: PerezCristina
Sent: Wednesday, September 09, 2009 10:59 AM
To: IstenesSusan
Subject: RE: Section 2.01.00 -recreational vehicles In the Estates
)
Just so I am 110% clear, Estates zoned properties that have major recreational equipment must park
or store such equipment only in a rear yard, or in a completely enclosed building, or in a carport,
ect.
From: IstenesSusa n
Sent: Tuesday, September 08, 2009 8:38 AM
To: PerezCristina
Subject: RE: Section 2.01.00 -recreational vehicles in the Estates
Christina, I agree with you. The sentences are worded differently but they have the same
meaning A. Includes the Estates and so does B. The only thtng that is a little odd is the
sentence regarding davit.s and cradles adjacent to residentially zoned districts (which would
exclude the estates) but I don't. think you would find that waterway slt.uation in the Est.ates too
much.
Susan :M. Istenes. MCP. 'Director
Veyartment ofZcrnmg ana Lana'DeveWpm.ent :Review
...J From: PerezCristina
'.'-
.
.
.
Agenda Item No. 17G
June 22, 2010
Page 25 of 28
Sent: Friday, September 04,20095:11 PM
To: IstenesSusan
Subject: Section 2.01.00 -recreational vehicles in the Estates
Susan,
I have been working in Code Enforcement for 6 years and since then we have not limited the Estates zoning properties
from parking the recreational vehicles in a speciHc location as we have for residential zoned districts. The quesrion has
come up as to why the Estates zoned properties can have recreational vehicles parked anywhere. ~en reviewing the
section of [he code below in blue, with fellow supervisors, we noticed the balded underlines semence below. Single-
family homes are permitred in me Estates so would this mean the Estates district would have to comply with section B.
In section A the Estates Districr is referenced by name but it does not in section B.
Any help would be appreciared, thank you.
Cristina Perez
Environmental and Estates District Supervisor
Code Enforcement Deparnuent
Office (239)252-6865
Cell, (239)877-8127
Fax, (239)252.3904
Mission Statement "To pro~ct the h<alth, safet), and welfare of Collier Count) residents and ,",itOTS through education,
cooperation, and compliance"
2.01.00 GENERALLY
A. Parking and storage of vehicles without CUlTent license plates. Vehic!es or trailets of any 1ype 1hat are not
immediately operable. or used fot the porpose for which they were manufactured without mechanical or electrical
repairs or the replacement of parts; or do not meet lhe Florida Safety Code; or do not have current valid license
plates; or do not meet the defini1ioo of tecteational equipment as defined within this Code. shall not be parked Ot
stoted on any residentially zoned or designatcd propetty. including the E estates district, other than in a completely
enclosed buildIng. For the porpose of this section a license pla1e shall not be coosideted valid unless it is both
affixed to a vehicle or [Tailer in a fashion authorized by Florida law and is registere.d 10 the vehicle or trailer upon
which it is displayed.
B. PLlrking, storage or use of major recreational equipment. No recreational equipment shall be used for living,
sleeping, Of housekeeping purposes when parked or stored on a residentially zoned lot, residential districts, or any
location not approved rl1l' such use. /11 districts oermillinJ! sinr!le..familv homes or mobile home.... m.ajor
recrean,()nal eouivment mav be parked or stored onlv in a rear vard. or in a cOnlDletelv enclm.ed buildinl!. or in a
carport. or on dal'its or cradles adJacent to waterWD)'''' 011 re~'ide1ttiallv zoned OTooertv: provided, hm.vcver, that
such equipment may be pnrkcd anywhere on residential premises. other than on county rights-of-way or right-of-
\vay casements for a pcrit1d not to exceed six hours within a time period or seven days for loading and unloading,
and/or cleaning prinr to or after a trip. J::or the purp<\<.;e of this section the rcar yard for a corner lot shall be
considered to be that portion of the lot opposite the street with the least frontnge. For thmugh lots the rear yard
shall bc considered to be that portion of the lot lying betwecn the rear elevation (by design) of the residence and the
street.
The following exceptions may be granted by the County Manager Ot designee:
1. Such recreational equipment may be parked upon the premises of the resident for a period not exceeding seven
days for the purpose of re.pairing and/or cleaning prior to or after a trip. A temporary use permit must be obtained to
authorize this activity. The permit for such period shall he affixed to the vehicle in a conspicuous place on the street
side thereof. No morc than two consecutive permits may be issued and the maximum number of permits issued
during one calendar year shall be restricted to four.
2. Nonresidenl: Such car, trailer, bus or motor horne, when used for transportation of visitors to this county to visit
friends or memhcr of the visitor's family residing in this county may be parked upon the premises of the visited
~
~
".
r
.
Agenda Item No. 17G
June 22, 2010
Page 26 of 28
family for a period not exceeding seven days. A temporary use permit must be obtained to authorize this activity.
The permit for such period shall be affixed to the vehicle in a conspicuous place or on the street side thereof. This
does not allow for living, sleeping, or housekeeping purposes. No more than two consecutive permits may be issued
and the maximum number of permi1s issued during one calendar year shall be restricted to four.
3_ Parking of commercial vehicles or commercial equipment in residential areas, It shall be unlawful to park a
commercial vehicle or commercial cquipment on any lot in a residential zoning district unless one of the following
conditions exists:
a. The vehicle and/or equipment is engaged in a construction or service operation on the site where it is parked.
The vehicle or equipment must be removed as soon as the construction or service activity has been completed.
b. The vehicle andlor equipment is parked in a garage or fully enclosed structure or carport which is structurally or
vegetatively screened and cannot be seen from adjacent properties or the street serving the lot.
c. The vehicle is parked in the rear of the main structure and is enclosed within a vegetative screening which
conceals the vehicle from the view of neighbors.
d, Automobiles; passenger type vans; and pickup trucks having a rated load capacity of one ton or less _ all of
which do nol exceed 7.5 feet in height, oar 7.0 feet io width, nor 25 feet in length shall be exempted from this
section unless otherwise prohibited by a special parking overlay district created pursuant to Section 2.03.07 M.
e. Exempted from this section are small commercial equipment such as ladders and pipes that cannot be contained
in the vehiclc. Said equipmen1 shall be limited to one ladder or one unit of pipe which does not exceed 12 inches in
diameter per commercial vehicle. Said equipment shall be secured atop the vehicle and shall not extend beyond the
length, height or wid1h of 1he vehicle.
4. Boats or other fIoatiog equipment used as dwelling units. Boats or other floa1ing equipment being used as
dwelling units or as commercial establishments may not anchor or tie up in waters under the Jurisdiction of
the county for longer than 48 hours, except at facilities located in zoning districts permitting such use and at
facilities within such districts designated for such use and meeting county and state health standards for such
use.
5. Condominiums. This Code shan be construed and applied with reference 10 the nature of the use of such
property without regard to the form of ownership. Condominium forms of ownership shan be subject to this Code as
is any other form of ownership. Condomiuiums of any kind, type or use shan comply with the provisions of
F's. Ch, 718, as amended, known as the "Condominium Act."
6. Deed restrictions. This Code shan not be affected by any deed restrictions or restrictive covenants recorded wiih
any deed, plat or other legal documeots. No person or agency, in the capacity of enforcing and administering this
Code, shan be responsible for enforciog any deed restriclions.
(Ord. No. 06-07. ~ 3.C)
Agenda Item No. 17G
June 22, 2010
Page 27 of 28
CHANGE TO ORDINANCE REQUESTED BY CODE ENFORCEMENT:
Section Six: Limitation on Parking, Storage or Use of Recreational Vehicles
A. No Recreational Vehicle shall be used for living, sleeping, or housekeeping
purposes when parked or stored on a lot in a Residential District, or any location
not approved for such use. In Residential DEl-istricts permitting single family
homes or mobile homes, a Recreational Vehicle may be parked or stored only in
a rear yard, or in a completely enclosed building, or in a carport, or on davits or
cradles adjacent to waterways on residentially zoned property; provided,
however, that such Recreational Vehicle may be parked anywhere on residential
premises, other than on county rights-of-way or right-of-way easements for a
period not to exceed six hours within a time period of seven days for loading and
unloading, and/or cleaning prior to or after a trip. For the purpose of this section,
the rear yard for a comer lot shall be considered to be that portion of the lot
opposite the street with the least frontage. For through lots, the rear yard shall be
considered to be that portion of the lot lying between the rear elevation (by
design) of the residence and the street.
..*.*.*.***..*******..*....**....*.***********...*.*.*...**......
Agenda Item No. 178
June 22, 2010
Page 28 of 28
(.~.
20D · Sunday, June 6, 2010 · Naples Daily'News
.
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on June 22. 2010 in the Boardroom, 3rd Floor, Adminis-
tration Building, Collier County Government Center, 3301 East Tamiaml 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 pro-
posedOrdinanc.e Is as follows:
ORDINANCE NO. 10-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN-
TY. FLORIDA TO REGULATE THE PARKING. STORAGE OR USE OF VEHICLES BY PRO-
VIDING FOR PURPOSE AND INTENT; PROVIDING FOR TITLE; PROVIDING FOR APPLI-
CABIUTY; PROVIOING FOR OEFINITIONS; PROVIDING FOR LIMITATIONS ON PARK-
ING, STORAGE AND USE OF VEHICLES WITHOUT CURRENT U1;ENSE PLATES; PRO-
VIDIN~ FOR LIMITATION ON PARKING, STORAGE OR USE OF RECREATIONAL VEHI-
CLES; PROVIDING FOR PARKING OF COMMERCIAL VEHICLES OR COMMERCIAL
EQUIPMENT IN RESIDENTIAL AREAS; PROVIDING LIMITATION ON BOATS OR OTHER
FLOATING EQUIPMENT AS DWELUNG UNITS; PROVIDING FOR REPEAL: O~ ORDI.
NANCE NO. OB-64; PROVIOING FOR CONFUCT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COOE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFEC-
TIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All 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 anr item. In any case, written
materials intended to be considered by the Board sh<il be submitted to the appro~
priate County staff a minimum of seven days prior to the public hearing.
[f you are a person with a disability who needs any accommodation in order to par-
tiCIpate in this proceeding, you are entitled, at no cost to. you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, located at 3301 Tamiami Trail East, Building W, Naples. Florida 34112, (239)
252-8380. Assisted listening devices for the hearmg impaIred are available in the
County Commissioners' Office. .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk.
(SEAL)
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