Ordinance 78-01ORDINANCE NO.78 - 1
AN ORDINANCE AMENDING ORDINANCE NO. 74-15 THE
ZONING REGULATIONS APPLICABLE TO THE IMMOKALEE
AREA PLanNING DISTRICT OF COLLIER COUNTY,FLORIDA,
ADDING SECTION 6.5 UNDER ARTICLE VI INTERIM
AGRICULTURAL USE OF PREMISES AND PROVIDING AN
EFFECTIVE DATE:
~{EREAS,The Ihunokalee Area Planning Commission petitioned the
· Board of County Commissioners of Collier County,Florida,to amend the
Z¢,ning Regulations of the Immokalee Area Planning District as
hereinbelow stated.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CO~%XISSIONERS
OF COLLIER COUNTY,FLORIDA:
SECTION ONE:
1. Ordinance No. 74-15 The Zoning Regulations Applicable to the
Immokalee Area Planning District is amended by adding Section 6.5
under Article VI as hereinbelow stated:
(SEE ATTACHED)
SECTION TWO:
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.
DATE: January 17f 1978
ATTEST: ~
BOARD OF COUNTY COM-MISSIONERS
¢. R. "Russ" Wimer, Chairman
APPROVED AS ~ FORM AND LEGALITY:
COLLIER COUNTY ATT__~EY
STAT~ OF FLORIDA )
coumv
I, WILL~ J. ~&N, Clerk of Co.ts in ~ for ~e ~,'e~eth ~icial
Ci~it, Collier Cowry, Florida, do hereby certify that the foregoing is a t~e
original of ~i~ce No. 78-1 which was adopted by ~he ~ard of Cowry Co~ssioners
d~ng Re.ar ~ssion J~ 17, 1978.
WI~ ~ ~d ~d the official seal of the ~ard of Co~ Co~ssioners
of ~llier Co~t~ Florida, this 19th day of J~rm~ 19, 1978.
WILLIAM J. REAC~N
Clerk of Courts and Clerk
Ex-officio to Board of:
Count~) Commissioners !
This ordinance filed with the Secretary of State's
office the 24th day of January, 1978 and
acknowledgment of the filing received this 26th
day of January, 1978.
Section 6.5 : Interim Agricultural Use of Premises: The Board
County CommisSioners may upon the recommendation of tI~e Planning
Commiss&on authorize the use of lands within any district for
agricultural activities,such as and limited to field crops,
horticulture,fruit and nut production,forestry,bee-keeping,
aguaculture and mariculture. It is the intent of this section
to permit certain interim agricultural uses on a temporary
basis which retains the land in its open,undelveoped character.
The inclusion of buildings and structures,other than wells,
structures for conservation and drainage protection, and
unpaved roads is strictly prohibited.Such interim use shall
be subject to the following conditions:
1.Petitions for interim agricultural use shall be considered
first by the Planning Commission in the manner herein set out.
A. Written Petition: A written petition for an interim
agricultural use shall be submitted through the Director indicating
the basis in this zoning ordinance under which the interim
agricultural use is sought and stating the grounds upon which
it is requested,with particular reference to the types of findings
which the Planning Commission must make under Section 6.5D below.
The petition should include material,necessary to demonstrate that
the grant of the interim agriculture use will be in harmony with
the general intent and purpose of this zoning ordinance,will not
be injurious to the neighborhood or to adjoining properties,or
~therwise detrimental to the public welfare. Such material may
include,but is not limited to the following where applicable:
(1) Site alteration and/or development plan~'~t an appropriate
seale showing site alteration,proposed placement of strubtures on
the property:provisions for ingress and egress off-street parking;
and off-street loading areas,refuse and service areas;and required
yards and other open spaces.
(2) Plans showing proposed locations for utilities hook-up;
(3) Plans for screening and buffering with reference as to
type,dimensions,and character;
(4) Proposed landscaping and provisions for trees protected by
County Regulations;and
(5) Proposed signs and lighting,including type,dimensions,
and character. %~ere this zoning ordinance places additional requirements
on specific uses,the petition should demonstrate that such requirements
are met.
B.Public Hearin~;A Public Hearing shall be held by the Planning
Commission. Any party may appear personally or by agent or attorney.
C. Notice of Public Hearing: Notice of public hearing shall be
given ~t least fifteen (1'5) days in advance of the public hearing.
The owner of the property for which an interim agricultural use is
sought or his agentor attorney designated by him or his petition
shall be notified by mail. Notice of the Public Hearing shall be
prominently posted on the property for which the Interim Agricultural
use is sought.Notice of the Public hearing shall be advertised in a
newspaper of general circulation in the County lat least one time
at least fifteen (15) days prior to the public hearing. Notice shall
be given by mail to all owners of property within three hundred (300)
feet of the boundary lines of the property for which the interim
agricultural use is requested;provided,however,that where the petitioner
is the owner of land not included in the petitioner's petition and
such land that is not included in the petition is a part of or
adjoins the parcel for which the request is made,the three hundred
(300) foot requirement shall be measured from the boundaries of the
applicant's ownership,including the land not covered by petitioner's
Petition. For purposes of this provision,owners of adjacent or
nearby properties within the distance set out shall be deemed
those whose names appear on the latest available tax 'rolls of the
County.
D.Findings: Before any interim agricultural use shall be
recommended for approval to the Board,the Planning Commission
shall make a written finding that the granting of the interim
agricultural use will not adversely affect the public interest
and certifying that the specific requirements governing the
individual interim agricultural use,if any,have been met by
the petitioner and that,further satisfactory provision and
arrangement has been made concerning the following matters;
where applicable:
(1) Compliance with all elements of the Comprehensive
Plan;
(2) Ingress and egress to property and proposed structures
thereon with particular reference to automotive and pedestrian
safety and convenience,traffic flow and control,and access in
case of fire or catastrophe;
(3) Offstreet parking and loading areas,where r.equired,
with particular attention to the items in (2) above and economic,
noise ,glare,or odor effects of the interim agricultural use on
adjoining properties and properties generally ~.n the district;
(4) Refuse and service areas,with particular reference
to the items in (2) and (3) above;
(5) Utilites,with reference to locations,availability,
and compatibility;.
(6) Screening and buffering with reference to type,dimensions
and character;
(7) Signs,if any,and proposed exterior lighting with reference
to glare,traffic safety,economic effects,and compatibility and harmony
with propertie~ Jn the district;
(8) Required yards and other open space;
(9) General compatibility with adjacent properties and other
properties in the district;
(10) Any special requirements set out in the Schedule of
District Regulations for the particular use involved.
E.Conditions and Safeguards: In recommending approval of any
Interim Agricul'tural Use,the Planning Commission may also recommend
appropriate conditions and safeguards in conformity with this zoning
ordinance. Violation of such conditions and safeguards which made
a part of the terms under which the interim agricultural use is
granted,shall be deemed a violation of this zoning ordinance.
Any interim agricultural use shall expire six (6) months
from the date of grant,unless extended by action of the Board,
if by that date the use for which the interim agricultural use
was granted has not been commenced;and an interim agricultural
use shall automatically expire two years after the date of grant
and must be reviewed by the Board of County Commissioners in order
to be continued. Each subsequent renewal period shall be limited
to two (2) years and must be reviewed by the Board of County Commissioners
at the end of each two year period in order to be continued.
F.Pubiic Access and/or Related Commercial Uses: The Interim
Agricultural Use of the premis'e~-in any way which attracts or invites
access and use of the general public or the use of such permitted within
the zoning district is strictly prohibited.
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G.Denial: If the Planning Commission shall recommend denial
of an interim agricultural use,it shall state fully in its record
its reasons for doing so. Such reasoning shall take into account
the factors stated in Section 24.iD,above,or such of them as may
be applicable to the action of denial,and the particular regulations
realting to the specific interim agricultural use requested if any.
2. Status of Planning Commission Report and Recommendations: The
report and recommendati6'ns of the Planning Commission required above
shall be advisory only and shall not be binding upon the Board of
County Commissioners.
3. Board:Action of Plannin~ Commissioner Report: Upon receipt of the
planning Commission's report a~'d ~Commendations,the Board shall
approve or deny the petition for an interim agriculture use. An
approval shall be by resolution of the Board.
4. Taxes:The granting of an interim agricultural use of the premises
by the Board as provided herein shall not constitute grounds for
establishing a new assessment of Special Classes of Property as
provided in Chapter 193.461F.S,which assessment of Special Classes
~f-Property did not exist for the subject premises prior to the
approval of the interim agricultural use of the premises as provided
herein.
$. Minor Chan~es and Amendments: The Director may approve any change
heL determines to be of a'minor nature such as changes in location,
siting or height of permitted buildings and structures,and improvements
authorized by the approved interim agricultural use.
6. Minor Chan~es and Amendments: Any change or amendment which th~
Director determines to b~ of a major nature shall require a full
rsview as for a new petition.
7. Filin$ Fee: There shall be a $100.00 filing fee for the processing
of ~ Petition for an interim agricultural use,which fee shall be used
to defray the cost of public hearing notice and administrative cost
of processing said petition.
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