Ordinance 2012-15 -qT2MUT (17.
I
By I ORDINANCE NO. 2012 - 15 _
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO. 75-16,AS
AMENDED, IN ORDER TO REVISE PROCEDURES FOR
RECONSIDERATION OF LAND USE MATTERS; PROVIDING :;FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSIOJN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on April 22, 1975, the Board of County Commissioners (Board) adopted
Ordinance No. 75-16 which established the time, place and conduct of its meetings; and
WHEREAS, subsequent amendments to Ordinance No. 75-16 reflect the evolving
practices and procedures relating to the meetings of the Board of County Commissioners; and
WHEREAS, the Board desires to amend Ordinance No. 75-16, as amended, as it relates to
a request for reconsideration by a petitioner.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 75-16, AS
AMENDED.
Section One is hereby amended as follows:
7. Reconsideration of land use matters
a. Applicability. Any matter in which the Board of County Commissioners or Board
of Zoning Appeals, as the case may be, has denied a request to change the land use designation of
a parcel of land, a request for site specific rezone initiated by a petitioner or his or her agent,
variance, conditional use, license, permit or other land use-related request.
b Request for Reconsideration by Petitioner. A request for reconsideration may be
made only by the petitioner. The petitioner may request reconsideration of a petition in writing to
the County Manager no later than 15 days from the date of the Board's action denying the original
petition. Except as provided below, Tthis request shall be jurisdictional, and no motion for
reconsideration may be made by any member of the Board where such a request was untimely. If
State or Federal submission and/or approval schedules pertaining to the petition are extended
within 6 months following the denial of the original petition, upon Public Petition initiated by the
petitioner,the Board may extend petitioner's request for reconsideration by majority vote,and on a
second motion made by any Commissioner,place the issue of reconsideration for a date certain on
which the action or petition will be reconsidered, but in no event shall such reconsideration take
place less than 14 days nor more than 45 days from the date the motion to reconsider is adopted.
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Page 1 of 3
c. Motion for reconsideration by a Board member who voted in the majority. Any
member of the Board who voted with the majority (or in the case of a rezoning or change in land
use designation,voted against)on the original action or petition may move for a reconsideration of
the action or petition at any regular meeting of the Board within 15 days of the date of the request
for reconsideration. If no regular meeting of the Board occurs within 15 days of the request for
reconsideration, the Board member may move for a reconsideration of the action or petition no
later than the first meeting of the Board that follows the County Manager's receipt of the request
for consideration. This motion shall be made during that portion of the Board's agenda entitled
"Board of County Commissioners." If no motion for reconsideration is made during this time
period, the request shall be deemed denied. The motion may specify a date certain on which the
action or petition will be reconsidered, but in no event shall such reconsideration take place less
than 14 days nor more than 45 days from the date the motion to reconsider is adopted.
* * * * *
SECTION TWO: 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.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State, and shall apply
to all land use petitions that were denied after December 1, 2011.
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Page 2 of 3
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 2.-vtAilay of Nka,kr...,\..,, , 2012.
ATTEST: �,� • 17:` -,� BOARD OF COUNTY COMMISSIONERS
DWIG}WE:'DROCKiCLERK COLLIER COUNTY, FLORIDA
By:
lerk FRED W. COYLE, CHAI N
Att y , as tO .Cf1�lY
sign:�.4►'s�4A��':J
Ap. ov 4 =s to form
and a . P. •-ncy:
i
ILI
Jeffr.i . Klatzkow
Coun ttorney
This ordinance filed with the
Secretory of tote's Office the
."3:0`day of vdA, 2.O Q
and acknowledgement of that
filin. rec ived this day
of • ,
Et ('J 4 .i
i o.wny cis*
Underlined text is added;&lough text is deleted
Page 3 of 3
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 2012-15
Which was adopted by the Board of County Commissioners
on the 27th day of March, 2012 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of March, 2012 .
DWIGHT E. BROCK
Clerk of Courts and GIerk,1
Ex-officio to BoarcP' 'cf
County Commission rs
•y,'. � __fix..
,6 4 .,
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:y. Teresa Polaski,
Deputy Clerk