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Ordinance 88-002 ORDINANCE 88-2 'J"~:": AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPRE- ...~-__ HENSIVE ZONING REGL~_ATIONS FOR THE UNINCORPORATED ..- . - ~ .;~ AREA OF COLL I ER COUNTY ~ FLOR l DA BY AMEND l NG ~ -."~ SECTION 11. BOARD OF ZONING APPEALS: POWERS~'.. ~ ...~,. DUTIES AND PROCEDURES; AME~,;D I NG SUBSECT I~.' ~ 2'.-~ ll.l.b., VARIANCES, TD PEQUIRE A PUBLIC HEARING ,,~ -'o FOR VARIANCES B~FORE THE COLLIER COUNTY PLANNING.' ~ ~ COMMISSION AS WELL AS BEFORE THE BOARD OF ZONING', APPEALS, AND TO PROVIDE A PROCEDURE FOR A RECOMMENDATION OF APPROVAL OR DENIAL OF VARIANCES BY THE COLLIER COUNTY PLANNING COMMISSION TO THE BOARD OF ZONING APPEALS; AND TO PROVIDE' AN EFFECTIVE DATE. WHEREAS, on December l&, l~8&, the Board of County Commissioners of Collier County Directed the Community Development Division Staff to amend Ordinance 82-B, the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, to require a public hearing for variances before the Collier County Planning Commission, which, after consideration of the facts, could recommend if the variance should be granted based upon the appropriate criteria and guidelines. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: Ordinance 82-2, the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, Florida, Section 11., Board of Zoning Appeals: Powers, Duties and Procedures, Subsection ll.l.b., Powers; Conditions Governing Petitions; Procedores; Limitations:, amended to read as follows: Variances: shall be 11.1 .b. Variances: Powers; Conditions Governing Petitions; Procedures; Limitations: To authorize upon appeal from the decision of the Zoning Director in specific cases such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest where, owning to special conditions peculiar to the property, a literal enforcement of this Zoning Ordinance would result in unnecessary and unMue hardship. A variance from the terms of this Zoning Ordinance shall not be granted unless and until: 1) Written Petition: A written petition for a variance is submitted by the applicant to the Adm~n~a~ Zoninq Cirector. Notice of Public Hearing: Notice of public hearing before the Collier County Planninq Commlssion is given at least fifteen (15) days in advance of the oublic hearing. The owner of the property for which variance is sought, or his agent or attorney designated by him on his petition, shall be notified by mail. Notice of the public hearing shall be prominently posted on the property for which ~he Words underlined_are additions; Words ~'~ck.-.~hret:gh are deletions. 1 i I I 3) 5) variance is sought. Notice of the public hearing shall be advertised in a newspaper of general circulation in the County at least one time Fifteen (15) days prior to the hearing. Notice of the time and place of the public hearing before the Collier County Planninq Commission shall be sent at least fifteen (15l 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 a variance is sought. Public Hearing: The public hearing shall be held by the Bee?d-o~-2oe~n~-Appee~ Collier County Pl~nninq Commis- sion. Any party may appear in person, by agent or attor- ney, or may submit written comments to the Deve~opmen~-Adm~s~n~e~ Zonin~ Director. eens½de.-e~d-be-gu~ded-by-%~e-~o½½ew~§-s~a~da~ds-½n ma~-~-e-de~e~m~e~on-en-en~-pet~on. Findinqs: ~efore any variance shal! be recommended for approval to the Board of Zoninq Appeals~ the Collier County Plannin~ Commission shall consider and be quided by the fo)lowinq standards in makinq a determination: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved and which are not applicable to the same degree or extent to the lands, structures, or build- ings in the same zoning district? (b) Are there special conditions and circumstances which de not result from the action of the applicant7 (c) Will a literal interpretation of the provisions of this Zoning Ordinance deprive the applicant of rights commonly enjoyed by other prooerties in the same zoniqg district under the terms of this Zoning Ordinance and work unnecessary and undue hardship on the applicant? Will the variance, if granted, be the minimum vari- ance that will make possible the reasonable use of the land~ building or structure? (e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning Oistrict? (f) Will granting the variance be in harmony with the general intent and purpose of this Zoning Ordinance, and not be injurious to the neighborhood, or other- wise detrimental to the public welfare? Conditions and safeguards: In recommendincL_approval of g?mn~n~ any variance~ the Bomrd o~-Z~n~nq-Appem~s Collier County Planninq Commission may prescribe recommend appro- priate conoitions and safeguards in conformity ~ith this Zoning Ordinance, Including, but not limited to, reason- able time limits within which action for which variance is required shall be begun or complpted, or both. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ~oning. Ordlnance. Words ynderlined_ are additions; Words s%r~:ck..-~h?oogh are deletions. 6~ Denial: If th~ Collt~r County Planning CommiSsion recpm- mends dental pfa variance, it shal1 state fully in its ~ecord its reason for doing so. Such reasons shall tape into account the factors stated in Subsection 4) above~ or 7) such of them as may be applicable to the action of denial and the particular requlations relating to the specific variance requested if any. Status of Planning Commission Report and Recommendations: T~ report Qnd recommendation of the Collier County Planninq Commission required above shal! be advisory only and shall not be binding upon the Board of Zoning Pppeals. Notice of Public Hearing: U~on co.ppletion.of the Public He~rinq before the Collier County Planning Commissicn, notice of Public H~aring shall be given at least fifteen (~5) days in advance of the Public Hearinq for the Board l,!,) 12) of Zoninq Appeals. Th~ o~ner of the property for which the variance is souqnt, or his agent or attorney desiqna~ed by him on his petition, shall be notified by mail. Notice of P~blic Hearing shall be advertised in a newspaper of qeneral circulation in the County at least one time fifteen ¢15) days prior to the hearinq. Public Hearing: The public hearinq ~hall be held by the Board of Zoninq Appeals... Any party may appear ~ ~y.aqent or attorney~ ~r may submit written comments to the Zoning Director. Board of Zoning Appeals: ~ction on Collier County Plan- ninq Commission Report and Recommendation: Upon consideration of the Collier County Planninq Commission's r.~port ~ ftndinqs and recommendations, and upon consideration of the standards and guidelines set forth in Subsection ll.l.b.~.(a)-(f), the Board of Zoninq Appeals shall a~prove., by .reso!ution, or deny a petition for a variance. Conditions and safequards: In granting any variance, the Board of Zoninq Appeals may prescribe appropriate cgnditigns and safequ~r~s in confprmity with this Zoninq 0rdinan~e, i~lud;nq, but not limlted to~ reasonable time limits within ~hi~h a~tion for ~hich variance is required sh~ll .~.~ bequn or completed, or ~oth. Violation of such conditions and safeguards, when made a earl of the terms under ~hich the cariance iS qranted~ shall be deemed a v~olation of this Zoninq OrOinance~ Limitations on Power to Grant Variances: Under no circum- stances shall the Board of Zoning Appeals grant a variance to permit a use no~ permitted under the terms of this Zoning Ordinance in the zoning district involved, or any use e~pressly or by implication prohibited by the terms of these regulations in the said zoning district. No non-conforming use of neighboring lands, structures or building in the same district, and no permitted use of lands, structures or building in any other district shall be considered grounds for the granting of a variance. Words underline~ are additions~ Words s~uek-~hro~gh are deletions. 3 I SECTION TWO: This Ordinance shall become effective upon receipt of notice that it been filed with the Secretary of State. ATTEST :,, .. ~, ,Q ~AF)PROVED AS TO EOPJ'I · '~D LEGAL SUFFICIENCY KENNETH B .m CUYLER~ COUNTY ATTORNEY Z08711C BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ......... '~ ..... -----F:~i~;~-F- .o~ (]29 -~. 224 Words underline~ are additionsl Words s~PucE~-)hPo,,Jgh are deletions. 4 has 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. 88-2 which was adopted by the Board of County Commissioners on the 5th day of January, 1988, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Flor/da, this 6th day of January, 1988, JAMES C. GILES Clerk of Courts.and~Cl~r.k Ex-officio to ~o~rd of .. .-~ County Commts.~stOners By: v aCri . .-",'5:' Deputy Cl~k. '..