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Agenda 12/02/2008 Item #17A Agenda Item No. 17 A December 2, 2008 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to the Board of County Commissioners to adopt the attached Ordinance pertaining to the Storage, Parking and Use of Recreational Vehicles to be included in the Collier County Code of Laws and Ordinances pursuant to Board Direction. OBJECTIVE: That the Board of County Commissioners adopt the attached Ordinance pertaining to the Storage, Parking and Use of Recreational Vehicles into the Collier County Code of Laws and Ordinances pursuant to Board Direction, CONSIDERATIONS: At its October 14,2008 meeting, the BCC upon staffs request voted to adopt the attached Ordinance pertaining to the storage, parking and use of recreational vehicles into the Collier County Code of Laws and Ordinances and removing it from the Land Development Code. Additionally, this provision has been amended to allow the parking of recreational vehicles in front and/or side yards of certain residentially zoned properties for one 48 hour period within a given 7 -day time period. A provision for expedited permitting and requirements for tbe display of the permit has also been added, The LDC amendment will need to be accomplished through the separate LDC amendment process, Therefore, a provision has been added making it clear that the Ordinance controls over the LDC provision, - FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: This Executive Summary will have no impact on the County's Growth Management Plan, LEGAL CONSIDERATION: The proposed Ordinance has been reviewed by the County Attorney's Office and is legally sufficient for Board action, This item is legislative and not quasi-judicial. This item requires a simple majority vote, (MMSS) RECOMMENDATION: That the Board of County Commissioners adopt the proposed Ordinance pertaining to storage, parking and use of recreational vehicles to be included in the Collier County Code of Laws and Ordinances. PREPARED BY: Marlene Serrano, Code Enforcement Department Operations Manager, -- Rev 12/06 Agenda Item No. 17 A December 2. 2008 Page 2 of 4 ORDINANCE NO, 08-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO REGULATE THE PARKING, STORAGE OR USE OF RECREATIONAL VEHICLES BY PROVIDING FOR: SECTION ONE, PURPOSE AND INTENT; SECTION TWO, TITLE; SECTION THREE, APPLICABILTIY; SECTION FOUR, DEFINITIONS; SECTION FIVE, LIMITATIONS ON PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; AND SECTION SIX, PERMITS; SECTION SEVEN, EFFECT ON LAND DEVELOPMENT CODE PROVISION REGULATING PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; SECTION EIGHT, CONFLICT AND SEVERABILITY; SECTION NINE, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND SECTION TEN, 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 of the Land Development Code (LDC) to the Collier County Code of Laws and Ordinances; and WHEREAS, also at the Octoher 14, 2008 meeting the Bee 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 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 recreational vehicles about the front, and sides of residentially zoned properties. SECTION TWO: Title This Ordinance shall be known and may be cited as the "Collier County Parking, Storage and Use of Recreational V chicle Control Ordinance". SECTION THREE: Applicahility 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, REAR YARD, CORNER LOT: that portion of the lot opposite the street with the ieast frontage. 2, REAR YARD, THROUGH LOT: that portion of the lot lying between the rear elevation of the residence (by design) and the street. 3. 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 these vehicles. 4, RESIDENTIAL DISTRICTS: a residential zoning district as described in the Land Development Code to include; RSF-l, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF6, 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 Agenda Item No. 17 A December 2, 2008 Page 3 of 4 SECTION FIVE: Limitations on Parking, Storage or Use of Recreational Vehicles 1. It shall be unlawful for a recreational vehicle to be used for living, sleeping, or housekeeping purposes when parked or stored in any residential district, or any other location not approved for such use. 2. Recreational vehicles may be stored or parked only in a rear yard, or in a carport, or in a completely enclosed building on a lot where the principal, existing use is a single-family residence, or a mobile home except as provided in Paragraph 4 below. 3. Boats and jet skis may also be stored on davits or cradles adjacent to waterways on lots where the principal. existing use is a single-family residence, multi-family residence or mobile home. 4. Recreational vehicles may be parked only on a driveway located within the front yard and/or 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 the required permit is obtained from the Collier County Code Enforcement Department. S. The provisions of this Ordinance shall not affect any deed restriction or restrictive covenant that contains stricter requirements than those set fonh herein. SECTION SIX: Permits I. An individual who parks or stores a recreational vehicle on a driveway within the front yard or on a driveway within the side yard of a single family or mobile home residence for a maximum period of 48 hours within any given 7.day time period must obtain a permit from the Collier County Code Enforcement Department. Such permits shall be available on.line at the Collier County Code Enforcement Department web-site. 2. Said permit must be affixed to the recreational vehicle. Said vehicle must be parked in such a way that the permit is visible from the street. SECTION SEVEN: Effect on Land Development Code This Ordinance replaces and supersedes any similar provision that presently exists in the Collier County Land Development Code. SECTION EIGHT: Conflict and Severability ln 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 me remaindering portion. SECTION NINE: 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 re-Iettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TEN: 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 ,2008, ATTEST DWIGHT BROCK CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk TOM HENNING, CHAIRMAN Approved as to fonn and legal sufficiency; ~arjOrie Studem,Stirling Assistant County Attorney Page 2 of 2 Item Number: Item Summary: Meeting Date: Page ] of I Agenda Item No. 17 A December 2, 2008 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A Recommendation to the Board of County Commissioners to adopt the attached Ordinance pertaining to the Storage, Parking and Use of Recreational Vehicles to the Collier County Code of Laws and Ordinances pursuant to Board Direction, 12/2/2008900:00 AM Prepared By Marlene Serrano CDES Investigative Supervisor Date Code Enforcement 11/18/20084:41:31 PM Approved By Marjorie M. Student~Stirling County Attorney Assistant County Attorney Date County Attorney Office 11/18/20084:50 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 11/18/20084:55 PM Approved By Diane 8. Flagg Community Development & Environmental Services Code Enforcement Director Date Code Enforcement 11/18/20089:58 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 11/19/20082:48 PM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 11/20/2008 3:07 PM A pproved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 11/20/20084:45 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 11/20/20085:14 PM fi le:/IC :\A genda T est\Exnort\ 11 7 -Decem her%202. %20200R\ 1 7 %?OS I IMM A R Y%?O A (; F. 11 I? 'i/?OOR