Backup Documents 05/26/2009 Item #17I
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
1 7 r t"
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Display Adv., location, etc,)
o Other:
.................................*...*.**..***..**.*********.**.*.*******....**.**.*********.***......****
Originating Deptl Div: County Attorney Person:
Jeffrey A. Klatzkow, County Attorney Date: May 12,2009
Petition No. (If none, give brief description): None
Petitioner: (Name & Address): N/A
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 10 days before hearing.) May 26, 2009 (NOTICE TO RUN NO
LATER THAN FRIDAY, May 15,2009)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
o Other
XXX Legally Required
Proposed Text: (Include legal description & common location & Size:
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 TIIE 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.
Companion petition( s). if any & proposed hearing date: Nt A
Does P tition Fee include advertising cost? 0 Yes XXX No If Yes, what account should be charged for advertising costs:
001-100510-649100 - P.O. 4500099539
Revie
S /,1/,
. ,
Date
Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
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:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
******************************************************************************..***************.***********
FOR CLERK'S OFFICE USE ONLY:
Date Received:
Date of Public hearing:
Date Advertised:
1 7 , I ~,~,
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 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
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.
Page 1 of 5
17 , ."~tt
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 form 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 of5
1 7 , 1 "
B. To accept appeals and render decisions pursuant to interlocal agreements between the
County and independent fire districts which have entered into such agreements;
e. To recommend to the BCC additional or amended rules of procedure not inconsistent
with 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 term 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 varying 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.
Page 3 of5
171
(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.
B. 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 sha11 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.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
Page 4 of 5
171
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
By:
Page 5 of 5
17r
~ @ t~ W fv1>vV1
()PrV
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.
ORDINANCE NO. 2009-
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
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.
Page 10f5
171
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 form 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 of5
171
B. To accept appeals and render decisions pursuant to interlocal agreements between the
County and independent fire districts which have entered into such agreements;
e. To recommend to the BCC additional or amended rules of procedure not inconsistent
","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 term of 1 year; 2 for a term of 2 years; I 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.
Page 3 of5
171
(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.
B. 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.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
Page 4 of 5
171
'~
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~day of \-\~
\
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
,2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
Page 5 of 5
17 , ~.,~
Acct #068784
May 12, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Board of Adjustments and Appeals Ordinance
Dear Legals:
Please advertise the above referenced notice on Friday, May 15,2009, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500099539
171
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 26, 2009, 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:
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.
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 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal
is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding; you are entitled, at no
cost to you, to the provision of certain assistance. Please contact
17' .!
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
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /Teresa Polaski, Deputy Clerk
(SEAL)
Teresa L. Polaski
171
To:
Subject:
legals@naplesnews,com
Board of Adjustments and Appeals Ordinance
Attachments:
Relocating buidling board 5-26-09.doc; Relocating Board of Adjust and Appeals
Ordinance.doc
Legals,
Please advertise the following on Friday, May 15, 2009, thanks
Relocating
uidling board 5-26,
Relocating Board
of Adjust and..,
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa,Po las ki@collierclerk.com)
1
171
Teresa L. Polaski
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, May 12, 2009 4:57 PM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
ATT170949.txt; Board of Adjustments and Appeals Ordinance
!!:.,:...1'
~
r--.~ ~7-.;;1
~
ATTl70949,txt
(231 B)
Board of
lustments and App'
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Board of Adjustments and Appeals Ordinance
Page 1 of 1
171
, ,,1
Teresa L. Polaski
From: Pagan, Emely [EPagan@Naplesnews,com]
Sent: Wednesday, May 13,2009 1 :31 PM
To: Teresa L. Polaski
Subject: RE: Board of Adjustments and Appeals Ordinance
ok
From: Teresa L. Polaski [mailto:Teresa.Polaski@colliercierk,com]
Posted At: Tuesday, May 12, 20094:57 PM
Posted To: Legals - NDN
Conversation: Board of Adjustments and Appeals Ordinance
Subject: Board of Adjustments and Appeals Ordinance
Legals,
Please advertise the following on Friday, May 15, 2009. thanks
<<Relocating buidling board 5-26-09.doc>> <<Relocating Board of Adjust and Appeals Ordinance.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa,Po laski@collierclerk.com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing,
5/13/2009
171
Teresa L. Polaski
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews,com]
Thursday, May 14, 2009 11 :28 AM
Teresa L Polaski
Ad Confirmation
Attachments:
UAS38E.jpg
UAS38E,jpg (85
KB)
OTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May
Administration Building, Collier County Government
Naples, Florida, the Board of County Commissioners
Ordinance. The meeting will commence at 9:00 A.M.
as follows:
26, 2009, in the Boardroom, 3rd Floor,
Center, 3301 East Tamiami Trail,
will consider the enactment of a County
The title of the proposed Ordinance is
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.
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 5 minutes on any item. The selection of an individual to
speak on behalf of an organization or group is encouraged. If recognized by the Chairman,
a spokesperson for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective public
hearing. In any case, written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will become a permanent part
of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation in order to participate
in this proceeding; you are entitled, at no cost to you, to the provision of certain
assistance. Please contact the Collier County Facilities Management Department, located at
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
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /Teresa Polaski, Deputy Clerk
(SEAL)
May 15 No1798963
1
Thank you for
Date
publication
Account Number
Ad Number
Total Ad Cost
placing your ad.
05/14/09
NDN
744107
1798963
$426.50
171
;,
2
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesda~. May 26.
2009. in the Boardroom. 3rd Floor. Adrrunistration
6uHdlng. CoWer County Governtn~nt Center. 3301
East Tamiarm Trail, Naples. Florida. the Board of
County Commissioners will consider the enactment
of a County Ordinance, The meeting will com-
mence at 9:00 A.M. The title of the proposed Ordi-
nance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COM-
MISSIONERS OF COLLIER .cOUNTY. fLORIDA.RELO-
CATING THE BUILDING BOARD OF ADJUSTMENTS
AND APPEALS ORDINANCE FROM THE LAND DEVEL-
OPMENT CODE INTO THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES BY READOPTING SAID
CODE IN ITS ENTIRETY AS A STAND-ALONE ORDI-
NANCE WHILE CONCURRENTLY REPEALING SECtiON
8.05.00 OF THE COLLlERCQLJNTY LAND DEVELOP.
MENT CODE; PROVIDING FOR CONFLICT AND SEVE-
RABILITY: PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES: AND PROVIDING FOR
AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with
the Clel'kto the Board and are available-fol' inspec'
tion. 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
prlo r to presehtatlon of the agencia item to be ad-
dr,essed. Indivi~ual speakers\N,i11 be Ii~ited.to 5
minutes on any Item. The sele<..ilon of an Indlvl(iUal
to s.,peak on,beha.lf Of. an orga,nization Or grOup is.
encouraged. If recognized by the Chairman, a
spokesperson for a grOl.tp or organization may be
allotted 10 minutes to speak on an item.
Persons wishin~ to have written or graphic ma-
terials included In the Board agenda packets must
submit said material aminimum of 3 weeks prior to
the respective public hearing. In any case. written
materials intended to be considered by the Boal'd
shall be submitted to the appropriate County staff
a m'lnimum of seven days prior to the public hear"
ing. . All material. used in presentations before the
Board will become a pemlanent part of the record.
Any person who decides. to appeal a decision of
the Board w ill m~eci a record of the prtlceedlngs
pertaining thereto and therefQre, may need to en-
sure that a verbatim record of the proceedings is
made, which record includes the testimony and
evidence upon which the appeal is based.
If YOll are a person with a disability who needs any
accommodation in order to partiCipate in this pro-
ceed ing; you are entitled. at nO cost to you. to the
provision of certain ass'lstance. Please contact the
Collier County Facilities Mana~mel1t DeP.a:l1ment.
located at 3301 Tamiam'l Trail East. BUilding W,
NaJ:lles, Florida 34112, (239) 252-B~O. Assisted lis-
tening. devices for the hearing impaired are avail-
able 'I"the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DON NA FIALA, CHAIRMAN
DWIGHT E. BROCK. CLERK
By: fferesa Polaski, Deputy Clerk
(SEAL)
May 15
N01798963
__~...._,_,.,., . . i _Wii'_ Ii ._. _ -q",
171
Naples Daily News
Naples, FL 34102
171
Affidavit of Publication
Naples Daily News
- - - - - - - - - - - -- - -- - - . - - - -- - - - - - - - + - -- - - - - -- - - --
BCC/CDES BUDGET OFFICE
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068784
59576796
P.O. #4500099539
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance of the
Naples Daily News} a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
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, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 05/15 05/15
AD SPACE:
FILED ON:
150 LINE
05/15/09
- -- - - -- - - 7;./-.--71 -- - -- - - - -- - + - -- . - - -- - - - - - - - - - - -. - - - - - -
t1 aty\ r , ( f [0 Ci{j( ---
-~---~-~i-._~~-
Signature of Affiant
.~ CIfInnfMrTO COHSIPElI OII,lIN_CE
',"'C'.. ":' .. .. ':,"" .~:' .''''',:' .. ,:1 ',t :~"'i.. : :.-" , :':. :' .... .. '. ',' ", ,::":.." :>" :',,", .. -:'" .... .. '.. ..:. ,', ,
Sworn to and Subscribed before me this~L day of ~O\O_LI 20C'1
Personally known by me C \ Y-'- LU C'L.\\ ') L;jc '\...CLQ.c ( .'
--::,,~;;. CHANEL A, MUJuNALU
/.' r\~",:~\ Commission DO 650475
',:: :~_,::~ Expires June 29, 2011
<~(~t~~~: Bf)[1rl~d Tt;:u Troy Fa!!1 lnsuran,:;e 800-385-7019
1'/11111\-
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI:tl7 ,
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper, Attach to original document. Original docum.:nts should be 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
,,~ tf'/,f
. ,'.
exception of the Chairman's siJn1ature, draw a line through routinl! lines #1 through #4, cOlT1Dlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 5-26-09
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the evenl 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.
Name of Primary Staff Jeffrey A. Klatzkow, County Attorney
Contact
Agenda Date Item was 5-26-09
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Ordinance (8.05.00)
Number of Original
Documents Attached
252-8400
17-1
One
Yes
(Ini tial)
JAK
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
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 ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
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 ofBCC 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!
The document was approved by the BCC on 5-26-09 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a Iicable.
JAK
JAK
JAK
JAK
JAK
2.
3.
4.
5.
6.
I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9,03.04. Revised] .26,05. Revised 2,24,05
04-COA-Ol 190/1 185
171ir~
ORDINANCE NO. 2009-..3.L
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 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
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.
Page 1 of5
17'
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 form 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 of 5
17 I . ("1
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 Hot iHeoHsist0Rt
witH 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 BCC. The Collier County Fire Marshall's Association may recommend for consideration
by the BCC those 2 members, I of whom would be an architect or engineer, and I 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:
I. 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 term of I year; 2 for a term of 2 years; I 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.
Page 3 of 5
(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.
B. 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.
171
1
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.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
Page 4 of5
171
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~day of '\-\~ ,2009.
\
By: . . . .
-- ,pe
. ~. .
~ . (.,"
.1L".....j~ ~
.t"~";.i~"\\" '
BOARD OF COUNTY COMMISSIONERS
COLLIER UNTY, FLORIDA
!
I ,..; /;
~. c.,I'LdY~
By:
DONNA FIALA, CHAIRMAN
ATTEST:
DWIGHT E;\BRO>>~, CLERK
Page 5 of 5
171
;:iI!
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 2009-31
Which was adopted by the Board of County Commissioners
on the 26th day of May, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of May, 2009.
DWIGHT E. BROCK
Clerk of Court~ and Cletk
Ex-officio to. Board of
County Commissioners
By: Martha
Deputy