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Ordinance 2009-30 ----=---- ~6189101~ /~l).'''' 1/-2 '" 1...:.11 ~~\~~ ~.,\ ORDINANCE NO. 2009-~ IO~ l \\\~~~ :~\ ( ~'J "v\)~ ftJal RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF . ' \~\ :,'0~ cjj LIER COUNTY, FLORIDA, RELOCATING THE BOARD OF \~~ ING APPEALS ORDINANCE FROM THE LAND DEVELOPMENT \Z~9 1,~ ODE INTO THE COLLIER COUNTY CODE OF LAWS AND '''~C'172'f21.1.\' ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A -_::.....-- ST AND-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 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 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 zomng 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 not inoonsistent v/ith the LDe to govern the BZA's 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 BCC shall terminate the appointment of such person as a member of the BZA. Page 2 of5 B. Appointment. The BCC 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. C. Terms. Terms of office of members ofthe 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 shall 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 BCC 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 called 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 shall 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 shall be public records. B. Boards of Zoning Appeals may, subject to the approval of the BCC 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. Page 3 of5 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 BeC 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 were 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 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. Page 4 of5 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisa.Rday of M.~ ,2009. \ ATTEST: DWIGHT :E. BRcJC~, CLEIU( BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA d /.D~p Y e erk -'r . . .) Atted'. te.a..... It~~WI~~'" By: DO By: "". ordfnonce filed with the Ser...tOry of State's Office the SIt day of JUl\oC. , 2~ 'I end acknowfedgement of that fitl"9. received this " day of Page 5 of 5 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 2009-30 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 Courts ~ndCl~~k Ex-officio to Board of : County Commissioners r~~~_ By: Martha Verga~ Deputy Clerk