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Ordinance 90-003 ORDINANCE NO. 90- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 82-2, THE COMPREHENSIVE ;j~ ZONING REGULATIONS OF COLLIER COUNTY; AMENDING SECTION 11, BOARD OF ZONING:.~c ~; "~ APPEALS: POWERS, DUTIES AND PROCEDURES, ~ : SUBSECTION 11 l(e), PROVISIONAL USES; c. AMENDING SECTION 13, PROVISIONAL USES, ~ ~'/~-~ SUBSECTION 13.3, BOARD OF ZONING APPEALS; ·.~!·. AFFIRMATIVE VOTES BY THE BOARD OF ZONING '~ ~'U APPEALS FOR THE APPROVAL OF A PROVISIONAL ~ ~ USE PETITION; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the rezoning of property within the unincor;o~'ated area of Collier County requires four affirmative votes Board of County Commissioners; and WHEREAS, the approval of a provisional use petition the Board of Zoning Appeals for property within the unincorPOrated area of Collier County currently requires only three affi~ tire votes of the Board of Zoning Appeals; and WHEREAS, the Board of County Commissioners, as the gove~ning board of Co llier County and in its capacity as the Board Appeals, deems it necessary and appropriate to requi~' four,.~. affirmative votes for approval of a provisional use ~etitton as well as a rezone petition; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ~ UNTY CO~IMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County ordinance No. 82-2, the CDmprehensive. ning Regulations of Collier County, Section ll, "Board of ~ning Appeals: Powers, Duties and Procedures", Subsection 1~ (e) , "Provisional Uses", is hereby amended to read as follows: e. Provisional Uses: To hear and decide provision~uses as authorized under the terms of this Ordinance; to decide such questions as are involved in the dot Ina- tion of when provisional uses should be granted; ~"~a%d to grant provisional uses with appropriate conditi6ns and safeguards or to deny provisional uses when  ot in harmony with the purpose and intent of this Ordin~ce. Words u~de~lined are added;!j~ords s~u~k-~h~eu~h are del . 7:,',: 3'93' , The arant of a provisional use bv the Do of Zonina Appeals shall reouire four affirmative v°~s of the Board of Zonin~ Appeak~_~ In granting any provisional use the Board .hall find that such grant will not adversely affe.: the public interest. In granting any provisional use the Boar may prescribe appropriate conditions and safeguards in with this Ordinance. Violation or,such conformity conditions and safeguards when made a part of the{~erms under which the provisional use is granted sha~l be deemed a violation of the Ordinance. The Board may prescribe a reasonable time~imit within which the action for which the provisional Uss is required shall be begun or completed or both. The Planning Commission shall hear all requests for provisional uses prior to hearing by the Board of ~oning Appeals. The report and recommendations of the'Pi?~ning Commission shall be advisory only to the Board °f!~oning Appeals. ~TION TWO: Collier County Ordinance No. 82-2, the Comprehensive ning Regulations, Section 13, "Provisional Uses", Subsectto 3.3, "Board of Zoning Appeals: Action on Planning Commission R~port", is hereby amended to read as follows: 13.3 Board of Zoning Appeals: Action on Planning Comz~sion Report: Upon receipt of the Planning Commi~ion's report and recommendations, the Board of Zoning A~peals shall approve, by resolution, oz' deny a petition~for a provisional use. The approval of a provisiQn~' use petition shall reGuire four affirmative votes or'said Do~rd, Words ~ are added;~words s%~u=k-%h=~ugh are del~ SECTION THREE: Conflict and Severability. In the event this ordinance conflicts with any er ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of is Ordinance is held invalid or unconstitutional by any of competent jurisdiction, such portion shall be deemed a se' distinct, and independent provision and such holding et affect the validity of the remaining portion. SECTION ~IVE: Effective Date. This Ordinance shall become effective upon receipt of ce from the Secretary of State that this ordinance has been f~led with the Secretary of State. PASSED A%TD DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 9th day of January , 1990. ATTEST: BOARD OF COUNTY COMMISSIONEP~ JA/{ES C. GILES, Clerk COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: '~i$ ordinance filed with the Kenneth B. Cuyle~/ end ockno~l~d~em.en~t of County Attorney ~/ fl;la~ r~celved ~ll~ day 3 Words underlined are additions; Words s~a=k-~h~oHgh are delet 037 3'95 STATE OF FLORIDA COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 90-3 which was adopted by the Board of County Commissioners on the 9th day of January, 1990, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this llth day of January, 1990. '~ JAMES C. GILES .,;~ Clerk of Courts and Ex-officio to Board of .'-i" '"',! County Commissioners t Deputy Clerk '