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Ordinance 2008-64 ORDINANCE NO. 08- 64 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, APPLICABILTlY; SECTION FOUR, DEFINITIONS; SECTION FIVE, LIMITATIONS ON PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; 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 urthe public; and WHEREAS, at its October 14, 2008 meeting the Board of County Commissioners (Bee) 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 October 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 The code 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 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 Vehicle Control Ordinance". SECTION THREE: Applicahility SECTION FOUR: This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. Definitions When used in this Ordinance, the following words, phrases, or terms shall have the following m~~ings, J~ss the content clearly indicates otherwise: " ,.:, , , 1. REAR YARD, CORNER LOT: that portion of the lot opposite the street with the least frontage; . ,) 2. REAR YARD, THROUGH LOT: that portion of the lot lying between the rear elevation ofther~side~(by. design) and the street. --, . , ~> 3. RECREATIONAL VEHICLE: a vehicular type portable structure without permanent foundaJion which can be towed, hauled or driven and primarily designed as a temporary living accommodation Wfieh' eng~ged 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-I, 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 (PUD) Zoning Districts. Page 1 of 2 SECTION FIVE: Limitations on Parking, Storage or Use of Recreational Vehicles I. 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 on a driveway located within the side yard of 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. 5. The provisions of this Ordinance shall not affect any deed restriction or restrictive covenant that contains stricter requirements than those set forth 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: This Ordinance replaces and supersedes any similar provision that presently exists in the Collier County Land Development Code. SECTION EIGHT: 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 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 Statue. PASSED AND DULY ADOPTED by the Board of County Commissinners of Collier County. Florida, this ,,_' ,/~~,,~aY ofbt.l'INlbL( ,2008, ATTE~t' , ~qIlT BROCK CLERI,-?, BY:, L. ,< ' D, i'2 ~..~ ,,' ~~.....~gal Page 2 of 2 This Onllnanee filed with the ~ of ~e's Of~ ~'dciy ofL' , ond ocknowle~?:::,'fW1 that fili&eived~ day af BM-",~ Oo!PtJty<::.:t U ~;~d~~-~ Assistant County Attorney 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 2008-64 Which was adopted by the Board of County Commissioners on the 2nd day of December, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this lOth day of December, 2008. DWIGHT E. BROCK Clerk of Courts and,:.Cl,Je:J;k Ex-officio to Board..tyf ).- County Commission~rs _4 Ctuu- ~~QL. By: Ann Jennejohn, - Deputy Clerk