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Backup Documents 06/22/2010 Item # 8ACOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: xxx»»+» x+ xxxxxxx+ x»»»»+ xx+ xxxxxxx»» x»++ xx++ xxx++ xx»»»»» x» xx+++++ xx+ x+++ x»» x + » +xx + +xxxxxxxx + + + »x + + + + + + + + »xx Originating Dept/ Div: County Attorney Petition No. (If none, give brief description): Petitioner: (Name & Address): Person: Heidi Ashton -Cicko Date: May 24, 2010 ordinance repealing/replacing Ordinance No. 08-64 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 15 days before hearing.) June 22, 2010 (ad to run on Tune 6, 2010) Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size) See draft Ordinance title, attached. Companion petition(s), if any & proposed hearing date: None Purchase Order Number to be charged for advertising costs: 001 - 100510- 649100 - P.O. 4500110664 d ov Division Wdmlh4tor or Designee Date List Attaclrnerlts: proposed ordinance A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. +x +xxxxxxxx + +xxx + » » » » » » » »x »xxxx »xx »xx »xxxxxxxxx » » »x xxxx »xxxx +x» xxxxxx» xxxx» x » » »xxxxxxxxxxxxx » »xx »x » » » » »» » »» FOR CLERK'S OFFICE USE ONLY: Date Received: _ Date of Public hearing: Date Advertised: 8A '0'4 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 to provide for a "streamlined" permitting process. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY IISSIONERS 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 l of 5 8A 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. 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 -1, RSF -2, RSF -3, RSF -4, RSF -5, 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. Page 2 of 5 8 A i 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 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. B. The following exceptions maybe granted by the County Manager or his designee: 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 cleating 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 Vehicle 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: 1. 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 of 5 construction or service activity has been completed. 6r 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 vehicle from the view of neighbors. 4. Automobiles, passenger type vans, 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. Page 4of5 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 0 , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Section Chief, Land Use/Transportation M000114 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Page 5 of 5 8A , Acct. #050389 May 24, 2010 Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: Ord. Repealing Ord. 2008 -64 Dear Legals: Please advertise the above referenced notice on Sunday, June 6, 2010 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500110664 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on June 22, Floor, Administration Building, Collier East Tamiami Trail, Naples, Florida, th will consider the enactment of a County commence at 9:00 A.M. The title of the follows: 00 M 2010 in the Boardroom, 3rd County Government Center, 3301 Board of County Commissioners Ordinance. The meeting will proposed Ordinance is as 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. 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 any item. 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. 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 3301 Tamiami Trail East, 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 COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Martha S. Vergara A From: Naples Daily News [naplesnews @clicknbuy.com] Sent: Sunday, June 06, 2010 12:19 AM To: Martha S. Vergara Subject: Thank you for placing your classified advertisement. Ad # 1855186 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on June 22, 2010 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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 Ordinance is as follows: 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. 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 any item. 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. 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 3301 Tamiami Trail East, 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 COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) June 6, 2010 No 1855186 [] You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video /audio of your item. To log in to the New Ad Wizard use your email address and existing password. Go to: NAPLES DAILY NEWS Published Daily Naples, FL 34101 _ Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Tracy Reeve. who on oath says that she serves as the Senior Accountant of the Naples Daily News, a daily newspaper published at Naples. in Collier County.. Florida:. distributed in Collier and Lee counties of Florida: that the attached copy of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper l time in the issue on June 6, 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples. in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida: distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples. in said Collier Count. Florida, for a period of I year next preceding the first publication of the attached copy of advertisement, and atiiam further says that he has neither paid not promised any person, firm or corporation anv discount, rebate, commission or refund for the purpose of securing this advertisement for publication in die said newspaper. Signature of affi t) Sworn to and subscribed before me This 9th day of June. 2010 (Signature of notary public) KAROL E KAN:01Hwida J 3 fJotary Public - stale My DOmm. Expires Ju013 Commission W DO 7 NOTICE OF INTENT TO CONLOER .ORDINANCE '... Notice is hereby LIM on 1 IA 201tl in dN eoardraom, 3b Floor, Admisds trat� Nugding, er � rrarrnt Comer, 3ID1 Ear Fl m A Tail Naol� Fyrlda, Yro Board W County CammissiantRs i —aide, '*, �l . & a Caumy OMnanp' 'i1gE *"*V WOI Mmmehta b(`gdlb A M. The till, me pro- Posed 0nBei nafFU falluga; ORDINANCE NO. 10. awilabhfq f n PrOPosed'Ordidarga are W file vAth'tha Clark W the So", aetd. are nspaction. ANIMaresudpar tfmaminvheEtoatuMmdbdb,sid:" NOTE: All gqfrJsOonn{t VASWng to speak m a panda Item must CWMmyy adnNnIelfeb pd01 t0 Pretardadarlmdr gle }gandi Item rto , awdBrl6etl. IndiWfuN peaked w be timlefd to 3 mirages an Item. In oast, vertan m rgle ,010als Inta l W be cdrgl head bbyy the Dowd sMg be plbmNyg. W Ww OPPW Priah CauMybNa gdmmumofawwsdga prior W the IwMkhearhfg. DWIGNT't. FROCK. CLERK BY NMrtlr Wigaia, Deputy Clark. (SEAL) lace, E. 1010: t LL BaN ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP. BA TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the excention of the Chairman's signature. draw a line through routing lines #t through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) ,-List i tin order Office Initials Date 1. appropriate. (Initial) Applic able) 2. June 22, 2010 Agenda Item Number 17G (moved to 8A) 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Ordinance Number of Original l 5. 14 rJ ,/1, 1-TCA� e LJ_ Board of County Commissioners Documents Attached 4/7-31(o 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Nomtally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.l Name of Primary Staff Heidi Ashton -Cicko Phone Number 252 -8773 Contact appropriate. (Initial) Applic able) Agenda Date Item was June 22, 2010 Agenda Item Number 17G (moved to 8A) Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance Number of Original l Attached D _:Nep Documents Attached INSTRUCTIONS & CHECKLIST I: Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 05 -COA- 01253/681 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, (� resolutions, etc. signed by the County Attorney's Office and signature pages from �\ contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike- through and revisions have been initialed by the County Attorney's t (� Office and all other parties except the BCC Chairman and the Clerk to the Board 1 v t 3. The Chairman's signature line date has been entered as the date of BCC approval of the ` �' V document or the final negotiated contract date whichever is applicable. �` 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 6/22/10 (enter date) and all changes made during the meeting have been incorporated in the attached document. A The County Attorney's Office has reviewed the changes, if applicable. I: Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 05 -COA- 01253/681 •8A MEMORANDUM Date: July 7, 2010 To: Heidi Ashton - Cicko, Asst. County Attorney County Attorney's Office From: Teresa Polaski, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2010 -26 Attached for your records, is a copy of the document referenced above, (Item #8A) adopted by the Board of County Commissioners June 22, 2010. If you have any questions, please contact the Minutes and Records Department at 252 -8411. Thank you. Attachment (1) 8� MEMORANDUM Date: July 7, 2010 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinances: 2010 -25 & 2010 -26 Attached, for your records you will find one (1) copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, June 22, 2010. If you should have any questions, please call me at 252 -8411. Thank you. Attachments ORDINANCE NO. 10- 26 f 8A 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 to 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 • 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. 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 -1, RSF -2, RSF -3, RSF -4, RSF -5, 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. Page 2 of 5 • e In Residential 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 yard 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: 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 Vehicle 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: 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 of 5 LOB 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 vehicle from the view of neighbors. 4. Automobiles, passenger type vans, 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. Page 4 of 5 f SECTION TWELVE: Effective Date J� 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 22nd day of June, 2010. ATTEST: DWIGHT •E- -ROCK, CLERK t r k4 ' 'Deputy Clerk AtUlK I.$. to b td t if�Ilt�lY'M OA1!1 AppYoy.W as to form and legal sufficiency: GG A Lbw Heidi Ashton -Cicko Section Chief, Land Use /Transportation 10.0001/10 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. � W FRED W. COYLE, Chairman Page 5 of 5 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 2010 -26 ' SA Which was adopted by the Board of County Commissioners on the 22nd day of June, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of June, 2010. DWIGHT E. 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