Agenda 05/26/2009 Item #17H
Agenda Item ~\]o. 17H
May 26, 2009
Page 1 of 8
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopts an Ordinance relocating
the Board of Zoning Appeals Ordinanc.e from the Collier County Land Development Code
to the Collier County Code of Laws and Ordinances while concurrently repealing Section
8.04.00 of the Collier County Land Development Code.
OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached
Ordinance which relocates the Board of Zoning Appeals Ordinance from the Collier County
Lfu,d Development Code to the Collier County Code of La'vvs and Ordinances while concurrently
repealing Section 8.04.00 of the Collier County Land Development Code. There are no revisions
to the Board of Zoning Appeals Ordinance other than minor housekeeping revisions to adapt to
its new location in the Collier County Code of Laws and Ordinances.
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CONSIDERA TIONS: Chapter 8 of the Collier County Land Development Code sets forth the
establishment, powers and duties of the Planning Commission, the Board of Zoning Appeals, the
Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the
Historic! Archaeologic Preservation Board, Article VIII (Boards, Commissions, Committees and
Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances
also contains the establishment, powers and duties of a number of decision-making and
administrative bodies, including the Health Facilities Authority, the Housing Finance Authority,
the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic
Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory
Committee, the Tourist Development Council, the Development Services Advisory Committee,
and the Animal Services Advisory Board, as well as several others, and also contains the overall
standards for the creation and review of County Boards Ordinance.
The Board determined that it would be advantageous to relocate the LDC Boards into the
administrative section of the Code of Laws and Ordinances in that (1) there are a limited number
of annual amendment cycles for the LDC, whereas amending general ordinances has no such
constraint; and (2) having the ordinances conceming all of the County's decision-making and
administrative bodies located within the same administrative section of the Collier County Code
of Laws and Ordinances aids the public in locating these advisory board rules. Creating
separate, stand alone ordinances for each of these boards (rather than a single, consolidated
advisory board ordinance) will make it easier to amend these rules and regulations as the need
arises. At its May 12, 2009 meeting, the Board authorized staff to proceed with advertising the
attached Ordinance and waived the requirement if any, of a special LDC cycle.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
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LEGAL CONSIDER-\. TIONS: The proposed Ordinance was drafted by the County Attomey,
duly advertised and legally sufficient for Board action. This is a regular Board item requiring
supermajority vote, JAK
Aaenda Item No. i 7H
~ ~,1':lY "" ')r'''9
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RECOMMENDATION: That the Board of County Commissioners adopts the attached
Ordinance which relocates the Board of Zoning Appeals Ordinance from the Collier County
Land Development Code to the Collier County Code of Laws and Ordinances while concurrently
repealing Section 8.04.00 of the Collier County Land Development Code,
PREPARED BY:
Jeffrey A. Klatzkow, County Attorney
Item Number:
Item Summary:
Meeting Date:
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Agenda Item ~Jo. 17H
rvlay 26, 2009
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17H
Recommendation that the Board of County Commissioners adopts an Ordinance relocating
the Board of Zoning Appeals Ordinance from the Collier County Land Development Code to
the Collier County Code of Laws and Ordinances while concurrently repealing Section
804.00 of the Collier County Land Development Code.
5/26/2009 90000 AM
Prepared By
Jeff Kiatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/14/20099:28:13 AM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/14/2009 2:48 PM
OMS Coordinator
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
5/15/20099:39 AM
Approved By
Randy Greenwald
County Manager's Office
Management/Budget Analyst
Office of Management & Budget
Date
5/15/20093:18 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/16/200910:34 AM
file://C:\AgendaTest\Fxnort\ 110-Mav%202n.%202009\ 17.%20SI TMMARY%20AGFNDA \H ')000009
Agenda Item ~Jo. 17H
May 26, 2009
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ORDINANCE NO. 2009-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELOCATING THE BOARD OF
ZONING APPEALS ORDINANCE FROM THE LAND DEVELOPMENT
CODE 11\"1'0 THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A
STAND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING
SECTION 8.04.00 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the
establishment, powers and duties of a number of decision-making and administrative bodies,
including the Planning Commission, the Board of Zoning Appeals, the Building Board of
Adjustments and Appeals, the Environmental Advisory Council, and the Historic/ Archaeologic
Preservation Board; and
WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of
Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the
establishment, powers and duties of a number of decision-making and administrative bodies,
including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory
Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory
Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the
Tourist Development Council, the Development Services Advisory Committee, the Animal
Services Advisory Board, as well as others, and also contains Standards for the Creation and
Review of County Boards; and
\VHEREAS, there are a limited number of annual amendment cycles for the Land
Development Code, whereas amending general ordinances has no such constraint; and
WHEREAS, the Board finds that it is in the public interest to relocate this portion of the
Land Development Code into the Collier County Code of Laws and Ordinances and to create
separate ordinances for each of these Boards, thereby making it easier to amend these rules and
regulations as the need arises, as well as to have the ordinances concerning all of the County's
decision-making and administrative bodies located within the same administrative section of the
Collier County Code of Laws and Ordinances.
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Agenda Item ~~o. 17H
May 26, 2009
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Collier County hereby readopts Section 8.04.00 (Board of Zoning Appeals) of the Collier
County Land Development Code in its entirety, as a separate, stand-alone ordinance, as follows:
(1) Establishment; Powers and Duties
There is hereby established a Board of Zoning Appeals "BZA", which shall have the
following powers and duties:
A. To hear, review, and approve, approve with conditions, or deny zoning vanances,
conditional uses, nonconforming use amendments, flood variances, and off-street parking and
shared parking agreements in accordance with the terms of these regulations;
B. To hear, review, and approve, approve with conditions, or deny appeals from
interpretations made by the County Manager or designee pertaining to the Collier County GMP,
the future land use map, the LDC, or the official zoning atlas by the County Manager or
designee;
C. To make its special knowledge and expertise available upon written request and
authorization of the BCC to any official, department, board, or commission of the County.
D. To recommend to the BCC additional or amended rules of procedure Bot inconsistent
'.vith the LDC to govern the BZNs proceedings; and
E. To perform those functions, powers and duties of the BZA as set forth in chapter 67-
1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter
has been or may be amended.
(2) Membership
A. Qualifications. Members of the BZA shall be qualified electors in Collier County and
residents of the County for 2 years prior to appointment. In the event that any member is no
longer a qualified elector or is convicted of a felony or an offense involving moral turpitude
while in office, the Bee shall terminate the appointment of such person as a member of the
BZA.
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I.gerida Item No. 17H
fviay 26, 2009
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B. Appointment. The Bee may appoint a Board or Boards of Zoning Appeals for its
planning area or areas, or may act as such Board or Boards of Zoning Appeals itself. Boards of
Zoning Appeals shall have not less than 5 nor more than ten (10) members, Not more than 2
members of a BZA may be members of the Planning Commission,
e. Terms. Terms of office of members of the BZA shall be for not less than 2 nor more than
4 years, and not more than a minority of such members' terms shall expire in any 1 year.
D. Removal. Any member of a BZA may be removed from office for just cause by four-
fifths vote of the full membership of the BCC, but such member shan be entitled to a public
hearing ifhe so requests in writing within 30 days of the date upon which the vote is taken.
E. Vacancy, Wherever a vacancy occurs on a BZA which reduces the membership of the
BZA below 5 members, the Bee shall fill such vacancy for the remainder of the term, within 30
days after the vacancy occurs. No meetings of a BZA shall be held when the membership is less
than 5 members.
F. Officers. Boards of Zoning Appeals shall elect a chairman and vice-chairman from
among the members, and may create and fill such other offices as are determined to be
necessary. Terms of all offices shall be for 1 year, with eligibility for reelection.
(3) Quorum and Voting
No meeting of the BZA shall be cailed to order, nor may any business be transacted by
the BZA, without a quorum consisting of at least 3 members of the BZA being present. All
actions shail require a simple majority of the members of the BZA then present and voting,
except for conditional uses, which require 4 affirmative votes.
(4) Rules of Procedure
A. Boards of Zoning Appeals shall adopt rules for the transaction of business, and shall keep
a record of resolutions, transactions, findings, and determinations. Boards of Zoning Appeals
may provide for transcription of such hearings and proceedings, or portion of hearings and
proceedings, as may be deemed necessary. All such records shail be public records.
B. Boards of Zoning Appeals may, subject to the approval of the BeC and within the
financial limitations set by appropriations made or other funds available, employ such experts,
technicians, and staff as may be deemed proper, pay their salaries, and make such other
expenditures as are necessary to conduct the work of the BZA and effectuate its purposes.
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Mi' 26. 2009
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C. The BCC is hereby authorized and empowered to make such appropriations as it may see
fit for the conduct of the work of the BZA. The BCC is authorized and empowered to establish a
schedule of fees, charges, and expenses, and a collection procedure therefor.
D. The BZA may, from time to time, adopt and amend bylaws and rules of procedure not
inconsistent with the provisions of these regulations. Such proposed rules of procedure shall be
considered as if they '.v ere amendments to this LDC.
(5) Compensation
Members of the BZA may receive such travel and other expenses while on official
business for the BZA as are made available by the BCC for these purposes.
(6) Meetings
A. Meetings of the BZA shall be held as needed to dispose of matters properly before the
BZA and may be called by the chairman or in writing by 3 members of the BZA.
B. The location of meetings shall be in County offices in Naples, Florida. If a matter is
postponed due to lack of a quorum, the chairman shall continue the meeting as a special meeting
to be held within 7 days thereafter. In case of delays caused by other reasons, the hearing shall be
rescheduled to the next BZA meeting. The secretary shall notify all members of the date of the
continued hearing and also shall notify all parties.
C. All meetings and hearings of the BZA shall be open to the public.
SECTION TWO: Repeal of Ordinance.
Concurrent with the effective date of this ordinance. Section 8.04.00 (Board of Zoning
Appeals) of the Collier County Land Development Code is h.:reby repealed in its entirety.
SECTION THREE: Conflict and Severability.
In the event this Ordinance conflicts with any other (;niinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invaiid or unconstitutional by any court of competent jurisdictiun, such po!tion shall be deewed a
separate, distinct and independent provision and such holding shall not a:'"ect the validity of the
remaining portion.
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A;Jenca Item r-Jo. 17H
May 26. 2009
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SEt fldN FOUR: Inclusion in the Code of Laws and Ordinances.
The lrovisions of this Ordinance shall become and be made a part of Article VIII (Boards,
,'""ommissi ns, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws
and Ordinances of Collier County, Florida. The sections of this ordinance may be renumbered or
relettered h accomplish such, and the word "ordinance" may be changed to "section," "article,"
Jr any other <l'propriate word.
c ECTiON Fi' '. Effective Date.
This Ordir :~:' shall become effective upon receipt of notice from the Secretary of State
ttat this Ordina;e c; been filed with the Secretary of State.
PASSED AND
TL Y ADOPTED by the Board of County Commissioners of Collier
1ay of ~0-4 ,2009.
\
COUL ty., Florida, this Z:.
ATTEST:
DWIGHT E. BROCK, CIFPX
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
By:
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