Agenda 05/26/2009 Item #17I
Agenda Item No. 171
May 26, 2009
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopts an Ordinance relocating
the Building Board of Adjustments and Appeals Ordinance from the Collier County Land
Development Code to the Collier County Code of Laws and Ordinances while concurrently
repealing Section 8.05.00 of the Collier County Land Development Code.
OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached
Ordinance which relocates the Building Board of Adjustments and Appeals Ordinance from the
Collier County La..'1d Development Code to the Collier County Code of Laws and Ordinances
while concurrently repealing Section 8.05.00 of the Collier County Land Development Code.
There are no revisions to the Building Board of Adjustments and Appeals Ordinance other than
minor housekeeping revisions to adapt to its new location in the Collier County Code of Laws
and Ordinances.
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
Historicl}u'chaeologic 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 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 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.
.-...
LEGAL CONSIDER"- TIONS: The proposed Ordinance was dratled by the County .Attorney,
duly advertised and legally sufficient for Board action. This is a regular Board item requiring
supermajority vote. JAK
,lI,genda It0;nl No. 171
May 26, 2009
F)age 2 of 8
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Ordinance which relocates the Building Board of Adjustments and Appeals Ordinance from the
Collier County Land Development Code to the Collier County Code of Laws and Ordinances
while concurrently repealing Section 8.05,00 of the Collier County Land Development Code.
PREPARED BY:
Jeffrey A. Klatzkow, County Attorney
Page 1 of 1
Agenda Item No. 171
May 26, 2009
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
171
Meeting Date:
Recommendation that the Board of County Commissioners adopts an Ordinance relocating
the Building Board of Adjustments and Appeals Ordinance from the Collier County Land
Development Code to the Collier County Code of Laws and Ordinances while concurrently
repealing Section 8.0500 of the Collier County Land Development Code.
5/26/2009 90000 AM
Prepared By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/14/20099:37:04 AM
Approved By
Jeff Klatzkow
County Attorney
County Attorney Office
Date
County Attorney
5/14/20092:49 PM
Approved By
OMB Coordinator
OMB Coordinator
Office of Management & Budget
Date
County Manager's Office
5/15/20099:41 AM
Approved By
Randy Greenwald
County Manager's Office
Management/Budget Analyst
Office of Management & Budget
Date
5/15/20093:21 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/16/2009 10:36 AM
file://C:\AgendaTest\F.xnort\ 110-Mav%202h.%202009\ 170lo20S1 JMMARV%?OAGFNDA\
')000009
Item ~Jo. 171
['J1ay 26. 2009
Pc,gs ~)i 8
ORDINANCE NO. 2009-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELOCATING THE BUILDING BOARD
OF ADJUSTMENTS AND APPEALS ORDINANCE FROM THE LAND
DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS
A STAND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING
SECTION 8.05.00 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 COlL'1ty 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
WHEREAS, 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 No. 171
May 26, 2009
Page 5 of 8
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Collier County hereby readopts Section 8.05.00 (Building Board of Adjustments and
Appeals) of the Collier County Land Development Code in its entirety, as a separate, stand-alone
ordinance, as follows:
(1) Establishment and Purpose
A. There is hereby established a Building Board of Adjustments and Appeals ("Building
Board").
B. The purpose of the Building Board is to provide a decision-making body through which
an owner of a building or structure, or his duly authorized agency, may appeal the rejections or
refusal of the building official to approve the mode or manner of construction proposed to be
followed, or materials to be used, in the erection or alteration of that building or structure, or
when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention
Code, as listed in Chapter One, do not apply, or that an equally good or more desirable form of
construction can be employed in a specific case, or when it is claimed that the true intent and
meaning of such codes, or any of the regulations thereunder, have been misconstrued or wrongly
interpreted by the building official.
(2) Powers and Duties
The Building Board shall have the following powers and duties:
A. To review and approve, with or without modifications or conditions, or deny an appeal
from a decision of the building official with regard to a variance from the mode or manner of
construction proposed to be followed, or materials to be used, in the erection or alteration of a
building or structure, or when it is claimed that the provisions of the Florida Building Code and
Florida Fire Prevention Code, as listed in Chapter One, do not apply, or that an equally good or
more desirable fom1 of construction can be employed in any specific case, or when it is claimed
that the true intent and meaning of such building codes and technical codes or any of the
regulations thereunder, have been misconstrued or wrongly interpreted by the building official;
Page 2 0[5
B. To accept appeals and render decisions pursuant to interlocal agreements between the
County and independent fire districts which have entered into such agreements;
C. To recommend to the BCC additional or amended rules of procedure not inconsistent
v..ith this LDC to govern the Building Board's proceedings; and
D. To make its special knowledge and expertise available upon reasonable written request
and authorization of the BCC to any official, department, board, commission, or agency of the
County, state, or federal governments,
(3) Membership
A. Qualifications. The Building Board shall be composed of 5 regular members appointed
by the BCe. The Collier County Fire Marshall's Association may recommend for consideration
by the BCC those 2 members, 1 of whom would be an architect or engineer, and 1 of whom must
be a fire protection specialist. The Building Board shall consist of members engaged in the
following occupations who, by reason of education, experience, and knowledge, are deemed to
be competent to sit in judgment on matters concerning the Florida Building Code and Florida
Fire Prevention Code, as listed in Chapter One:
1. One state-licensed architect or one structural engineer;
2. One class A general contractor;
3. One state-certified fire protective equipment contractor or state-certified
firefighter with the rank of lieutenant or higher, or state certified fire safety
inspector with the rank of lieutenant or higher;
4. One licensed electrical contractor; and
5. One licensed plumbing or mechanical contractor.
B. Term. The members shall serve for a term of 4 years, except for initial appointees who
shall serve as follows: 2 for a tenn of 1 year; 2 for a term of 2 years; 1 for a term of 3 years.
(4) Quorum
Three members of the Building Board shall constitute a quorum. In varymg the
application of any provision of the Florida Building Code and Florida Fire Prevention Code, or
in modifying an order of the building official or the public safety administrator, an affirmative
vote of not less than 3 Building Board members shall be required.
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Agenda Item No. 171
May 26, 2009
Page 7 of 8
(5) Rules of Procedure
A. The Building Board shall establish rules and regulations for its own procedure not
inconsistent with the provisions of the Collier County Building Code.
R The building official shall act as secretary of the Building Board and shall make a
detailed record of all its proceedings, which shall include, but shall not be limited to, all appeal
decisions, the reasons for its decisions, the vote of each member participating therein, the
absence of a member, and any failure of a member to vote.
SECTION TWO: Repeal of Ordinance.
Concurrent with the effective date of this ordinance, Section 8.05,00 (Building Board of
Adjustments and Appeals) of the Collier County Land Development Code is hereby repealed in
its entirety.
~-,..
SECTION THREE: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of Article VIII (Boards,
Commissions, 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 to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE: Effective Date.
TIllS Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
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Agenda Item No. 171
May 26, 2009
Page 8 of 8
PASSED AND DULY i\DOPTED by the Board of County Commissioners of Collier
County, Florida, this ~day of t-\.~ , 2009.
\
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
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