House Bill hb1859er
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2 An act relating to Collier County; amending ch.
3 67-1246, Laws of Florida; amending the scope of
4 the act to authorize a county hearing examiner
5 program; amending definitions; amending the
6 functions, powers, and duties of the planning
7 commissions; amending provisions relating to
8 supplementing and amending the zoning
9 ordinance; amending the powers and duties of
10 the board of zoning appeals; amending
11 provisions relating to appeal from a decision
12 of an administrative official; providing the
13 procedure for establishing a county hearing
14 examiner program; providing for severability;
15 providing an effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Sections 1, 3, 6, 11, 14, 15, and 16 of
20 chapter 67-1246, Laws of Florida, are amended, and section 31
21 is added to said chapter, to read:
22 Section 1. Scope of act. All municipalities lying
23 within the county of Collier, state of Florida, and the county
24 of Collier, of the state of Florida, may plan, may zone, may
25 regulate subdivisions and may establish and maintain the
26 boards, hearing examiners, and commissions described herein
27 for carrying out the purposes of this act. The powers
28 delegated by this act may be employed by municipalities or the
29 county individually, or, by mutual agreement, in such
30 combinations as common interest dictate.
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1 Section 3. Definitions. As used in this act, the
2 following words or phrases have the meaning indicated below:
3 Area: The complete area qualifying under the
4 provisions of this act, whether this be all of the lands lying
5 within the limits of a municipality, lands in and adjacent to
6 municipalities, all unincorporated lands within Collier
7 county, the portions of such unincorporated areas as may
8 qualify under the provisions of this act, or areas comprising
9 combinations of the lands in municipalities and Collier
10 county.
11 Due public notice: As used in the phrase "public
12 hearing or hearings with due public notice" involves the
13 following requirements: Unless otherwise expressly provided
14 for by section 125.66, Florida Statutes, as amended, or
15 section 166.041, Florida Statutes, as amended, as may be
16 applicable, due public notice requires that at least fifteen
17 (15) days notice of the time and place of such hearings shall
18 be published one (1) time in a newspaper of general
19 circulation in the area. The notice shall state the time and
20 place of the hearing, the nature of the matter to be discussed
21 and that written comments filed with an appropriate designated
22 official will be heard.
23 Governing body: The municipal commission or council,
24 county commission, or any other chief local governing unit,
25 however designated, for the political jurisdiction affected.
26 Nonconformity: A lot, structure, or use of land, or
27 any combination thereof, which is not in compliance with a
28 zoning ordinance, but which was lawfully created or begun
29 prior to adoption of the zoning ordinance provisions with
30 which it does not comply.
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1 Ordinance: When used in relation to Collier county or
2 the board of county commissioners shall mean a resolution of
3 the board of county commissioners, or shall mean such other
4 appropriate official action as is customarily taken by the
5 governing body involved, regardless of how such official
6 action is regularly called.
7 Plat: Includes map, plan or replat, and is a pictorial
8 representation of a subdivision.
9 Subdivision: The division of a parcel of land into two
10 (2) or more lots or parcels of land, for the purpose, whether
11 immediate or future, of transfer of ownership, a map or plat
12 of which is recorded in the public records of the county, and
13 intended for use as residential, multi-family, commercial or
14 industrial properties. The term includes a resubdivision and,
15 when appropriate to the context, shall relate to the process
16 of subdividing or to the land subdivided.
17 Street: The primary means of access, whether public or
18 private, to a lot or parcel of land.
19 Special exception: As used in connection with the
20 provisions of this act dealing with zoning, a special
21 exception is a use that would not be appropriate generally or
22 without restriction throughout the particular zoning district
23 or classification but which, if controlled as to number, area,
24 location or relation to the neighborhood, would promote the
25 public safety, health, comfort, good order, appearance,
26 convenience, prosperity, morals and the general welfare. Such
27 uses may be permitted in such zoning district or
28 classification as special exceptions, if specific provision
29 for such special exceptions is made in the zoning ordinance.
30 The singular usage includes the plural and the plural
31 the singular.
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1 Section 6. Functions, powers and duties of the
2 planning commissions. The functions, powers and duties of
3 planning commission shall be, in general:
4 (a) To acquire and maintain in current form such basic
5 information and materials as are necessary to an understanding
6 of past trends, present conditions, and forces at work to
7 cause changes in these conditions. Such basic information and
8 materials may include maps and photographs of man made or
9 natural physical features of the area concerned, statistics on
10 past trends and present conditions with respect to population,
11 property values, economic base, land use and such other
12 information as is important or likely to be important in
13 determining the amount, direction and kind of development to
14 be expected in the area and its various parts.
15 (b) To prepare, and from time to time recommend
16 amendment and revisions to, a comprehensive and coordinated
17 general plan for meeting present requirements and such future
18 requirements as may be foreseen.
19 (c) To prepare and recommend principles and policies
20 for guiding the development of the area.
21 (d) To prepare and recommend ordinances designed to
22 promote orderly development along the lines indicated by
23 official principles and policies and the comprehensive plan.
24 (e) To consider whether specific proposed developments
25 conform to the principles and requirements of the
26 comprehensive plan, and to make recommendations based thereon.
27 (e)(f) To keep the governing body and the general
28 public informed and advised on matters relating to planning.
29 (f)(g) To conduct such public hearings as may be
30 required to gather information necessary for the drafting,
31 establishment and maintenance of the various components of the
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1 comprehensive plan, and such additional public hearings as are
2 specified under the provisions of this act or may be required
3 by ordinance.
4 (g)(h) In addition, a planning commission may make,
5 cause to be made, or obtain special studies on the location,
6 condition and adequacy of specific facilities of the area.
7 These may include, but are not limited to, studies on housing,
8 commercial and industrial facilities, parks, playgrounds,
9 beaches and other recreational facilities, schools, public
10 buildings, public and private utilities, traffic,
11 transportation and parking.
12 (h)(i) To perform any other duties which may be
13 lawfully assigned to it.
14 Section 11. Supplementing and amending the zoning
15 ordinance. The governing body may from time to time amend or
16 supplement the regulations and districts fixed by any zoning
17 ordinance adopted pursuant to this act. Proposed changes may
18 be suggested by the governing body, by the planning
19 commission, by the hearing examiner, or by petition of the
20 owners of fifty per cent (50%) or more of the area involved in
21 the proposed change. In the latter case, the petitioner or
22 petitioners may be required to assume the cost of public
23 notice and other costs incidental to the hearings.
24 The planning commission, regardless of the source of
25 the proposal for change, shall hold a public hearing or
26 hearings thereon, with due public notice, and submit its
27 recommendation on the proposed change to the governing body,
28 except that the county planning commission may only render
29 recommendations for those proposed changes which pertain to
30 the county and which would change the actual list of
31 permitted, conditional, or prohibited uses within a zoning
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1 category, or otherwise would alter or amend provisions of the
2 county's codified land development regulations. The governing
3 body shall may hold a public hearing or hearings thereon, and
4 shall act on the recommendation. No change in the zoning
5 ordinance shall become effective except by an affirmative vote
6 of four fifths (4/5's) of the full membership of the governing
7 body.
8 Section 14. Board of zoning appeals; powers and
9 duties; boards of zoning appeals or on the governing body
10 acting as a board of zoning appeals in the event it so elects,
11 shall have the following powers and duties.
12 (a) To hear and decide administrative appeals where it
13 is alleged there is error in any order, requirement, decision,
14 interpretation or determination made by an administrative
15 official in the enforcement of any zoning ordinance or
16 regulation adopted pursuant to this act.
17 (b) To authorize, upon appeal from a decision of the
18 administrative official, such variance from the terms of the
19 zoning ordinance as will not be contrary to the public
20 interest where, owing to conditions peculiar to the property,
21 a literal enforcement of the provisions of the ordinance would
22 result in unnecessary and undue hardship. Variances from the
23 ordinance shall be authorized only for height, area and size
24 of structure, or size of yards and open spaces; boards of
25 zoning appeals shall not be authorized or empowered to issue
26 variances to permit the establishment or expansion of a use in
27 a zone or district in which such use is not permitted by the
28 zoning ordinance. No variance shall be granted where the
29 special conditions or circumstances peculiar to the property
30 are the result of the action of the applicant for a variance,
31 which action occurred subsequent to the adoption of the
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1 regulation which makes the variance necessary. No variance
2 shall be granted because of the presence of non-conformities
3 in the zone or district or adjoining zones or districts.
4 Boards of zoning appeals shall not authorize a variance
5 until it shall be found that the authorization of such
6 variance will result in substantial compliance with the intent
7 and purpose of this act and the zoning ordinance, that the
8 property cannot be put to a reasonable use which complies
9 fully with the requirements of the zoning ordinance, that the
10 variance is the minimum which will make possible the
11 reasonable use of the land, building or structure, and that no
12 substantial detriment to the public health, safety, order,
13 comfort, convenience, appearance or general welfare will
14 result from such authorization.
15 Boards of zoning appeals may make the authorization of
16 a variance conditional upon such alternate and additional
17 restrictions, stipulations, and safeguards as it may deem
18 necessary to insure compliance with the intent and purpose of
19 the zoning ordinance. Violation of such conditions when made a
20 part of the terms under which the variance is granted shall be
21 deemed a violation of the zoning ordinance.
22 No administrative appeal variance shall be considered
23 authorized by a board of zoning appeals or the governing body
24 acting as a board of zoning appeals except after public
25 hearing with due public notice.
26 Section 15. Exercise of powers. In exercising its
27 powers, boards of zoning appeals or the governing body may, in
28 conformity with the provisions of this act and the zoning
29 ordinance, reverse or affirm, wholly or partly, or may modify
30 the administrative order, requirement, decision or
31 determination made by an administrative official in the
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1 enforcement of any zoning ordinance or regulation adopted
2 pursuant to this act, and appealed from, and may make such
3 administrative order, requirement, decision or determination
4 as ought to be made, and to that end shall have all the powers
5 of the officer from whom the administrative appeal is taken.
6 Section 16. Appeal from decision of administrative
7 official. Appeals to a board of zoning appeals or the
8 governing body, as the case may be, may be taken by any person
9 aggrieved or by any officer, department, board, or bureau of
10 the governing body or bodies in the area affected by the
11 administrative decision, determination or requirement made by
12 the administrative official. Such appeals shall be taken
13 within thirty (30) days by filing with the administrative
14 official a written notice specifying the grounds thereof. The
15 administrative official shall forthwith transmit to the board
16 all papers, documents, and maps constituting the record of the
17 administrative action from which an appeal is taken.
18 Due public notice of the hearing on the administrative
19 appeal shall be given.
20 Upon the hearing, any party may appear in person or by
21 attorney. A decision shall be reached by the appellate body
22 within thirty (30) days of the hearing; otherwise, the action
23 appealed from shall be deemed affirmed.
24 Section 31. The method and procedures for implementing
25 a county hearing examiner program shall be as set forth by
26 county ordinance.
27 Section 2. If any section, sentence, clause, phrase,
28 or word of this act is for any reason held or declared to be
29 unconstitutional, invalid, or inoperative, such holding or
30 invalidity shall not affect the remaining portions of this
31 act, and it shall be construed to have been the legislative
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1 intent to pass this act without such unconstitutional,
2 invalid, or inoperative part therein; and the remainder of
3 this act, after the exclusion of such part or parts, shall be
4 deemed and held to be valid as if such parts had not been
5 included therein.
6 Section 3. This act shall take effect upon becoming a
7 law.
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