Ordinance 90-090 :!.:ORDINANCE'A~'DINGii'oRDINANCE NO. 82-2, THE' '
~"/' COMPREHENSIVE ZONING , REGULATIONS FOR THE
UNINCORPORATED , AREA OF COLLIER COUNT~,
FLORIDA, BY AMENDING SECTION 14.2, "NOTI~
GENERALLY" TO CHANGE THE TITLE OF THE SECTIO~N~
TO "NOTICE WHERE ESTABLISHMENT OR AMENDMENT OF
A REGULATION AFFECTS THE USE OF LAND,"
C~AN~E THE PUU~ING CO~I$S~O. NOTIC~
REQUIREMENTS TO INCLUDE THE ESTABLISHMENT OP"
REGULATIONS AFFECTING THE USE OF LAND AND T(~
ADD BOARD OF COUNTY COMMISSION PUBLIC NOTIC~
~' / AND HEARING REQUIREMENTS PURSUANT TO STATE~
,' STATUTE; BY AMENDING SECTION 14.3 "NOTICE
'"~' WHERE PROPOSED AMENDMENT WOULD CHANGE ZONING
'-'~'.~ .. CLASSIFICATION OF LAND" TO ADD DEFINITION OF
ii~ ~ THE TERM "SITE SPECIFIC REZONE," TO CLARIFY
~,~ NOTICE REQUIREMENTS FOR SITE SPECIFIC REZONES
~:., AND TO ADD SEPARATE PUBLIC NOTICE REQUIREMENTS
'~'i"~ FOR COMPREHENSIVE REZONINGS INVOLVING LESS
THAN FIVE PERCENT (5%) OF THE TOTAL LAND AREA
"ir OF COLLIER COUNTY AND TO MODIFY NOTICE
REQUIREMENTS FOR COMPREHENSIVE REZONINGS
INVOLVING FIVE PERCENT (5%) OR MORE OF THE
~/ TOTAL LAND AREA OF COLLIER COUNTY TO REFLECT
STATE STATUTORY NOTIFICATION REQUIREMENTS; BY
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
BY PROVIDING AN EFFECTIVE DATE.
, Se~t~on 125,66(6),?Florida Statutes, :~.
requirements '.for.tha':~ Board of County
the ,'establ 'or. :,amendment' of. ordinances .' af~
;.'i'"' ' "' : ~" '" ~'
·
; ;iSection 125.}6 (5) (a)'. Florida Statutes,L¢ontains',~
requirements for. the Board of COunty Commissioners
'razonin~s.o£ property inittatsd by theBoard Which
~rcent~;.Of total land araa~of:
.
~oar~ of Count]
of,i .initiated by the
'~e~aent o~i,:m°~s'o£ ~he t°tal'land area ....
.' ' :, ',..
:".
· the Collier County Zoning Ordinance 82-2, as
, does not provide for the public notice requirements
in'se~'~t~ns 125.6~.(5) and' 125.66(6), Florida Statutes~
· . ,]' ~e Collie= ~0~n~.~ontng Ordinance 82-2, as
, d~&'h0t.. ~learl~'~d a~e'~ately provide public notice
~reCo~endati~ns on. ~e...var&d~s t~es of rezonings and the
Ob~ Hmen~ht
affecting, the use of
and ......... ': ........ '
oun s:'.of C er Coun2y,
, f'i~~- i~Jb~nef~iai'~ t~2.~h~['p~Xt~ hnd' ap~0priate to
.y 1t~~'1~ n~'~?~t~e~hts~&h~l~lannth~
~C~ission and Boa~ of County Co~issioners to consider the
· .. o~.~ezoni~gs and ~e establis~ent or amen~ent of
affecting ~e use of land in the uninco~orated areas
~r: :: ~':..' ....
Florida; '
~~ BE IT. O~AI~D BY ~ BO~ OF CO~
OF CO~ CO~, F~RIDA:
SECTION O~= ~D~S ~ SUrE,ION 14.2, NOTICE G~~y,
.... ~:' u.SE~ION 14,::~D~S, OF ~E CO~IER CO~Y
c,,..:..': : ZONING ORDIN~CE NO. 82-2, ~ ~NDED. ~'~
~on 14.2, Not,ce Generally, of Section 14, ~en~ents,
0~ Ordinance 82-2, ~e Zoning Ordinance of Collier County,
~::Xs her~y. ~ended to read as follows:
'~' Notice 6e~e~a}~y ~ere Establishment or Amendment of ~
Re~lation Affects the Use of
.' ~ Plann~na Comm~88~on ~
No re,est for establishmen~ or amendment ~
re~lation that affects the use of la~4 may be
considered by the Planning Co~ission until such time as
not,ce of a public hearing on the proposed reaulation or
amendment thereto has been given to the citizens of
041. 278
in-.a, new~pape:~ .o~ cjene~al circulation ?,tn:"~h~'
Cbun~' ~'leas~~an' (~51 data ~n advan~o~,:~he '.,.~
, - County Commissigners or its desionee which do not
' ': ..2__.actuallv chan.e the zonino designation applicable to a
?(~:, ' ..... Diece'of DroDer~v but do affgct the use of land.
,. including, but not limited ~o. land development
~d~l'a~i0nd"'as defined'i'n's; 163.3~0~. Florida Statutes.
~ .. ~reoardless o: the Dercentaoe of the total land area of
re~ulre*"~'~he-Coun~v ~c~'~1i¢ affected" shall"be enacted or
. , amended Dursuan~ to the followin~ procedure:
"~:': ' 1
,~.es~abi~snm~ ~e Board gf County Commissioners shall hold two
ord~n~neo O~ ~olu~on, Bo~h h~artn~ ~hall bo
-'"~"~ :':':' held after 5 ~,m. oB a weekday, and the first shall
be held approximately sgven (7) days after the day
;~:.. that the first advertisement is published. The
s., ,second hearinq sha~l b9 held approximately two
i~~' ~EP.~AS ~e~:~fte~ th~"?fir~t' :h~rf~'~a~d shail b~' · ;.
advertised aDDroxt~te%y five (5) ~YS prior t0
· :~, Plorxa~. :In~ ~bi~f~e~r~n~. Th:~ da~;-tt~e:; and'~lace at which
the second public hearino will be held shall be
, . adve~isement shall ~e in ~ t~e no smaller than
~;~.:: -. - . . ...... ..
~ . = ' .... ~ '. ....... . '.l~ii"' " ' '
~,.
TWO~ AMENDMENTS TO SUBSECTION 14.3, NOTICE WHERE
PROPOSED AMENDMENT WOULD CHARGE ZONING
CLASSIFICATION OF LAND, SECTION 14, AMENDMENTS, OF
THE. COLLIER COUNTY ZONING ORDINANCE NO. 82-2w AS
AMENDED.
14:~., ~.Notice; Where Proposed Amendment :..Wo. uld'~Change'
._O.r_di. nanu_e of Collier County, Florida,
.ndment Would Chang. Zoning
Classification of Land:
site-b~'c'~ic-rezo~i~. 6f land, a sign shall be posted
at le~St'-f~te~n.-~.5) -d~"~io'r to the date of the
public.-~_~%v~-%~{e~.~i'a-~ni~g '~6mmission. The sign to
be po~t'e~i's~ll"-~'~'a's'6~-~t least one and one-half (1
1/2) square~.~'~-~ area-an~.-.S~11' contain s~bstantially
TO PERMIT:
' ~6~M 'COLILIER COUNTY GOVERNMENT CENTER
view B'~'~ 0-~' 'ea'ch 'S~reet side of the said land
~to be rezone~ le rezoh£n-g-is
~d.'%-o be re~oned,
then or she 'the
nearest street "--{$~h an ~t~ached notation
indic.~_i~n-g._~ ~c~ ~nd direction to the
.prope-_r~ ~o~'~-H£~h i~ 'S6ug'~t. "Where large
parce.~.s ~'-~6p.'.6r~y"'~"-~nvOlved ~/ith street frontages
exten~l~_'%~ '~0nSider~bl'~--aist~nce,' the Zoning
Dire6t-6r-s~{all-"ere~t"~s'm~ny'signs on a street frontage
as ma'~ be-deemed adequate to inform the public. The
posting' of' signs as provided in this subsection shall
only be required where the zoning amendment proposal is
spe~'f~'~a~ly'directed 'to changing the zoning
classification of a particular parcel of land.
Notice of the time and place of the public hearing by
th~ ~lanning Commission shall be sent at least fifteen ,~,~
~'fS~--d~S in-advance of the hearing by mail to the owner
of the subject property or his designated agent or
~0 .r~_ ~y ¢_.~.. any. _ ~_.
Notice of the time and place of the public hearing ~y
the Planning Commission shall be sent at least fifteen
~ (15) days in advance of the hearing by mail to all
owners of property within three hundred (300) feet of
:..", the property lines of the land for which rezoning is
!._. sought; provided, however, that where the land for
· "'"' which rezoning is sought is part of, or adjacent to,
land owned by the same person, the three hundred (300)
foot distance shall be measured from the boundaries of
the entire ownership, except that notice need not be
any:prop, , owner~ cated more '. One-half
Li"~(2~640':feet) ~from.'the land for which~rezoning.'i
'r FOr ~e pUrpOSes'of this. requirement,"the names
and addresses of property, owners shall be deemed those
,appearing on the latest tax rolls of Collier County.
...~'"~' For DUrDOSeS of this Subsection. a ~ite-sDecific
rezonina is defined as an individual rezone petition,
~.~'i, whether iBitiated by the property owner or the Board of
{.. County CommissigDers or its desianee, which is not in
· con4unction with a comprehensive rezone action, such as
. that provided for iB the Zonina Reevaluation Ordinance
90-23 or other Land Development Reaulations.
i.'~,;.,,~.,,b.; In_cases in which the DroDose~ comprehensive rezoninG
· " (such as may be required bva land development
':,: re~ulation~ initiated by the Board of County
..~. Commissioners or its designee iDvolves less than five
.,.,~ ~erc.ent'~5%.~"o~ the' $otal land area of Collier County.
~ public notice shall be provided as follows:
.: . .. ~,.- ~-~---~'.f" .~.,.. ..... · .
. ,ll'.~.Notice of' the ti~e a~d DI~C9 9f th~ public hearing
~.: ../by the Plannina Commission shall be advertised in a
· .~' '..' newsDaDer ~f aeneral circulation in the County at
~ ..~..least one time at l~st fifteen (15% days prior to
.. .. .~he date of the public h~rinG. And. notice of
,; . the'time and DI~ce Of the Dublic hearing by the
Plannin~ Commission shall be sent at least fifteen
~'15'~ davs~'.in 'advance Df the. hearin~, by mail. to
the owner of the properties whose land will b~
i'~ - rezoned by enactment of the Ordinance, whgs~
· address is known bv reference to the latest ad
valorem tax records
The Board of County Commissioners shall notify by
mail each real property owner whose land the Board
· ,~ilL rezone by enactment of the Ordinance and whose
~"~ ,.. ~dress'is known bv reference to the latest a~
'~:!.[?:~.. =~--m~ valorem-tax.records. · The notice shall state the
~-..'*~ substance, of'~he-DroDosed Ordinance as it affects
c~D~%hatlT~oDertv_Dwner and 'shall: set a time and place
:.~.=:: ~or one or'more'public hearings on such ordinance.
z~r~.~uck'notice shall .be.~iven at least thirty
,:..:...~avs prior'to the date set for the public hearin~
~':,:.%('~nd a'CODV of such.notice shall be kept available
r~y~=.£or, Duhli='insmection'durin~ the regular business
:;:3.~.' hoBrs"of'the Office of the Board of County
.... ~_ommi~sioners;' The Board of County Commissioners
-shall.,hold a Public hearing on the DroDosed
'h'. ......... ' ..... "?'0rdin~nce and may. upon the conclusion of th~
hearing, immediately adopt the ordinance.
. . F'~'''. ~.. "~l.:...~.... ....
c. In cases· in which the pro osed comprehensive rezoning
',: '~ ' [such as may be reauired by a Land Development
.]5 Regulation} initiated by the Board of County
, commissioners or its desianee involves five percent (5%)
~'" or more of the total land area of Collier County, the
Planning Commission and Board of County Commiss~0pers
~": shall provide for public notice and hearings as follows:
,-" a~-l~The Planning Commission and Board of Cg~nty ':
.-~,..,-. gommissioners shall each hold two (2)..advertised
.... ~ .:....:.- public hearings on the proposed Ordinance.; All
~:;·..,-: Beth- hearings'shall'be held after 5 p.m.)ion a
[? weekday, and the first shall be held approximately
~:.~:, seven (7) days a~ter the day that the first
~ advertisement is published. The second hearing
,~.-- . shall be held.approximately two (2) weeks after the
279
· ~ f~rst hearing 'and shall be advertised approximately
· ' '"" five (5) days prior to the public hearing. The
.:~..' . -'" :' 'day, time and place' at which ~1~ second public
hearing will be held shall be announced at the
first public hearing.
f- one-quarter p.a. ge in a-standard size or tabloid size
~' . .... newspaper,Land .t. he headline in the advertisement
shall be in a tyre no smaller than 18 point. The
..... advertise~ent shall not be placed in that portion
., .. .of the newspaper w---h~re legal notices and classified
' advertisements appear. The advertisement shall not
..... . .b.9 published in a newspaper of general paid
~'' .L:'_.--..6]'.~.~.'Ul~t'~'i[~'~he' County and of general interest
· -. .and. lre~9'~,'sh'ip-in the community pursuant to Chapter
[:,i: ~L ~ 50~-F.S., not one 'of limited subject matter. Is is
: ~'.-~.'~h6' le~.k%-~%-e' 'in~ent that, whenever possible, the
"., ~ ~~i~~1~ ~Ppear in a newspaper that is
~'~a' ~--~*~' ~ve (5) days per week unless
~ ~~Ks~er in the co--unity is published
less. ~an--fiwe ("~. d~S p&~"~eek. The
t: . oF.
The:_~am~,..of !oc~ ~o~r~nt unit) propos,s to
,v' rgzon~hej~Dd-~'~';~r~a, sho~ in the map in
~his adve~isemeh~ ', ....... ' .....
..:'~2..."..2.'. _.'.~ .
,.- ..... ~ adv~~nt shall also contain a g~ographt~
- location ma~ which ~.~gar~y indicates the ar,a
.i:~.. ... co~ed- b~e.~o~gse~ 'ordinance or resolution.
'~:':' ' : ~9. map- shall -~5~u~e'~Jo~ s~reet n~es- as a means
of C ty:and.~' p~3.abla law, the more
is h~nva~ or-Hn6~ns~'~utton~l by any court of
~atent Juris~r8%-[6~.~F~g~ pg~ion.shall be deemea a separate,
"~'~:"~:and 'indePendent provision and such holding shall not
.... P0~on- .
'.,.;..~L
~come :.:effective upon
. .:'."; ,.,. [ :'
m m
PAS{~ED AND DULY ADOPTED by the Board of County Commissioners
County, Florida this 27t:h day of November ,
BOARD OF COUNTY COMMISSIONERS
Les Clark COLLIER COUNTY, FLORIDA
· By~
~- , JR.,
'~ "- S~cretary of S~te's Offic.e..t~
COUNTY4 XTTORNE¥ and acknow'edgeme,nt~.~,.t~.at
i0-19 ZONING.ORDINANCE AMENDMENTS
n and for the
'Ctrcutt~ 'C011/er' County, Flor/da, do
'that the foregoing ts a true copy off:
Ordinance' No, '90-90
.... >. . ~ ...... ;-7< "
bY the ofT, county Commissioners on
0£ November.,' 1990, during Special Session.
?,';? / ."~'"..
h~d ~d. the-off/c/al seal of the Board of
.oner~ ~o: .~Cg~tY,.iFlortda,. this 30th -. '
,- . ~ . :. '..,
.... '*% Cler~ of Courts ~d cler~''~$~iii
* Ex-offftcto to Board of x%~x
.... .. ,. ,. ':. .... Deput~ Clerk ), ~.. ~,,~..~; ;.- ,-
'* .-~ ' :._ ;;' ' ~'~..
',...,y, .... ~' ~ . '5, ' " ....
,..... ~. ',.,L:,/k. ~,:,~ . ,. :
* ~:., ~.~..';:; .-: :..,~,...-