Senate Bill sb2376

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    Florida Senate - 2001        (NP)                      SB 2376

    By Senator Saunders





    25-1735-01                                         See HB 1859

  1                      A bill to be entitled

  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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    Florida Senate - 2001        (NP)                      SB 2376
    25-1735-01                                         See HB 1859




  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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    Florida Senate - 2001        (NP)                      SB 2376
    25-1735-01                                         See HB 1859




  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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    Florida Senate - 2001        (NP)                      SB 2376
    25-1735-01                                         See HB 1859




  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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    Florida Senate - 2001        (NP)                      SB 2376
    25-1735-01                                         See HB 1859




  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 that pertain to the

30  county and that would change the actual list of permitted,

31  conditional, or prohibited uses within a zoning category, or

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    Florida Senate - 2001        (NP)                      SB 2376
    25-1735-01                                         See HB 1859




  1  otherwise would alter or amend provisions of the county's

  2  codified land development regulations. The governing body

  3  shall may hold a public hearing or hearings thereon, and shall

  4  act on the recommendation. No change in the zoning ordinance

  5  shall become effective except by an affirmative vote of four

  6  fifths (4/5's) of the full membership of the governing body.

  7         Section 14.  Board of zoning appeals; powers and

  8  duties; boards of zoning appeals or on the governing body

  9  acting as a board of zoning appeals in the event it so elects,

10  shall have the following powers and duties.

11         (a)  To hear and decide administrative appeals where it

12  is alleged there is error in any order, requirement, decision,

13  interpretation or determination made by an administrative

14  official in the enforcement of any zoning ordinance or

15  regulation adopted pursuant to this act.

16         (b)  To authorize, upon appeal from a decision of the

17  administrative official, such variance from the terms of the

18  zoning ordinance as will not be contrary to the public

19  interest where, owing to conditions peculiar to the property,

20  a literal enforcement of the provisions of the ordinance would

21  result in unnecessary and undue hardship. Variances from the

22  ordinance shall be authorized only for height, area and size

23  of structure, or size of yards and open spaces; boards of

24  zoning appeals shall not be authorized or empowered to issue

25  variances to permit the establishment or expansion of a use in

26  a zone or district in which such use is not permitted by the

27  zoning ordinance. No variance shall be granted where the

28  special conditions or circumstances peculiar to the property

29  are the result of the action of the applicant for a variance,

30  which action occurred subsequent to the adoption of the

31  regulation which makes the variance necessary. No variance

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    Florida Senate - 2001        (NP)                      SB 2376
    25-1735-01                                         See HB 1859




  1  shall be granted because of the presence of non-conformities

  2  in the zone or district or adjoining zones or districts.

  3         Boards of zoning appeals shall not authorize a variance

  4  until it shall be found that the authorization of such

  5  variance will result in substantial compliance with the intent

  6  and purpose of this act and the zoning ordinance, that the

  7  property cannot be put to a reasonable use which complies

  8  fully with the requirements of the zoning ordinance, that the

  9  variance is the minimum which will make possible the

10  reasonable use of the land, building or structure, and that no

11  substantial detriment to the public health, safety, order,

12  comfort, convenience, appearance or general welfare will

13  result from such authorization.

14         Boards of zoning appeals may make the authorization of

15  a variance conditional upon such alternate and additional

16  restrictions, stipulations, and safeguards as it may deem

17  necessary to insure compliance with the intent and purpose of

18  the zoning ordinance. Violation of such conditions when made a

19  part of the terms under which the variance is granted shall be

20  deemed a violation of the zoning ordinance.

21         No administrative appeal variance shall be considered

22  authorized by a board of zoning appeals or the governing body

23  acting as a board of zoning appeals except after public

24  hearing with due public notice.

25         Section 15.  Exercise of powers. In exercising its

26  powers, boards of zoning appeals or the governing body may, in

27  conformity with the provisions of this act and the zoning

28  ordinance, reverse or affirm, wholly or partly, or may modify

29  the administrative order, requirement, decision or

30  determination made by an administrative official in the

31  enforcement of any zoning ordinance or regulation adopted

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    Florida Senate - 2001        (NP)                      SB 2376
    25-1735-01                                         See HB 1859




  1  pursuant to this act, and appealed from, and may make such

  2  administrative order, requirement, decision or determination

  3  as ought to be made, and to that end shall have all the powers

  4  of the officer from whom the administrative appeal is taken.

  5         Section 16.  Appeal from decision of administrative

  6  official. Appeals to a board of zoning appeals or the

  7  governing body, as the case may be, may be taken by any person

  8  aggrieved or by any officer, department, board, or bureau of

  9  the governing body or bodies in the area affected by the

10  administrative decision, determination or requirement made by

11  the administrative official. Such appeals shall be taken

12  within thirty (30) days by filing with the administrative

13  official a written notice specifying the grounds thereof. The

14  administrative official shall forthwith transmit to the board

15  all papers, documents, and maps constituting the record of the

16  administrative action from which an appeal is taken.

17         Due public notice of the hearing on the administrative

18  appeal shall be given.

19         Upon the hearing, any party may appear in person or by

20  attorney. A decision shall be reached by the appellate body

21  within thirty (30) days of the hearing; otherwise, the action

22  appealed from shall be deemed affirmed.

23         Section 31.  The method and procedures for implementing

24  a county hearing examiner program shall be as set forth by

25  county ordinance.

26         Section 2.  If any section, sentence, clause, phrase,

27  or word of this act is for any reason held or declared to be

28  unconstitutional, invalid, or inoperative, such holding or

29  invalidity shall not affect the remaining portions of this

30  act, and it shall be construed to have been the legislative

31  intent to pass this act without such unconstitutional,

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    Florida Senate - 2001        (NP)                      SB 2376
    25-1735-01                                         See HB 1859




  1  invalid, or inoperative part therein; and the remainder of

  2  this act, after the exclusion of such part or parts, shall be

  3  deemed and held to be valid as if such parts had not been

  4  included therein.

  5         Section 3.  This act shall take effect upon becoming a

  6  law.

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