Sec. 106-1. - Local planning agency.

(a)

Authority. This section is enacted pursuant to and in accordance with the provisions of F.S. ch. 163, pt. II (F.S. § 163.3161 et seq.) (Local Government Comprehensive Planning and Land Development Regulation Act).

(b)

Designation and establishment. Pursuant to and in accordance with F.S. § 163.3174, the local planning agency for the unincorporated area of the county is hereby established and defined to consist of the county planning commission.

(c)

Duties and responsibilities. In accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. §§ 163.3161—163.3215, the local planning agency shall:

(1)

Conduct the comprehensive planning program and prepare the comprehensive plan or elements or portions thereof for the unincorporated area of the county;

(2)

Coordinate said comprehensive plan or elements or portions thereof with the comprehensive plans of other appropriate local governments and the state;

(3)

Make recommendations regarding the adoption of said comprehensive plan or elements or portions thereof to the board of county commissioners;

(4)

Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the board of county commissioners such changes in the comprehensive plan as may be required from time to time;

(5)

Review proposed land development regulations, land development codes, or amendments thereto, and make recommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan or element or portion thereof;

(6)

Perform any other functions, duties and responsibilities assigned to it by the board of county commissioners or general or special law; and

(7)

The community development division is designated by the board of county commissioners and the local planning agency as the agency responsible for preliminary recommendations on comprehensive plan amendments, consistency of land use regulations or development orders with the comprehensive plan. However, final recommendation to the board of county commissioners for the adoption of amendments to the comprehensive plan, or determination of the consistency of land use regulations or development orders with such plan, shall be the responsibility of the local planning agency.

(d)

Organization, rules and procedures. Members of the local planning agency shall continue to be appointed and follow such rules of procedure, methods of choosing officers, setting of public meetings, providing of financial support, and accomplishing its duties as provided by the policies and ordinances of the county and general or special law.

(e)

Public meetings and records. All meetings of the local planning agency shall be public meetings and all agency records shall be public records. The local planning agency shall encourage public participation.

(f)

Compensation. The members of the local planning agency shall serve without compensation but may be reimbursed for such travel, mileage and/or per diem expenses as may be authorized by the board of county commissioners. The board of county commissioners shall appropriate funds at its discretion to the local planning agency for expenses necessary in the conduct of its work. The local planning agency may, in order to accomplish the purposes and activities required by the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. § 163.3161 et seq.), expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans, and other sources; provided, acceptance of loans or grants must be approved by the board of county commissioners.

(Ord. No. 86-57, §§ 1—6)

Sec. 106-2. - Citizens advisory committee for the comprehensive plan.

(a)

Creation; jurisdiction. The board of county commissioners has designated the county planning commission (CCPC) as the local planning agency, pursuant to F.S. § 163.3174, to conduct the comprehensive planning program and prepare a comprehensive plan and to make recommendations regarding the adoption of the comprehensive plan. In order to obtain participation by the public and encourage public comment, the board hereby establishes and creates the county planning commission citizens advisory committee (hereinafter referred to as the citizens advisory committee). The citizens advisory committee shall have jurisdiction for the unincorporated area of the county.

(b)

Composition. Members of the citizens advisory committee shall be permanent residents and electors of the county. Consideration shall be given to those persons who have shown an interest in public affairs. In establishing membership on the citizens advisory committee, representation of the full spectrum of the citizenship of the county shall be sought as well as balanced geographic representation. The citizens advisory committee shall consist of 25 members. The composition of the citizens advisory committee shall be representative of various community interests, to include individuals from the following groups: the business/development community, the agricultural community, environmental groups, civic groups, and the community at large.

(c)

Appointments, terms of office, failure to attend meetings. Appointments to the citizens advisory committee shall be made by the board based upon recommendations from the county planning commission and staff. The formation of the citizens advisory committee will be publicized and prospective members sought through newspaper advertisement. The growth management coordinator shall submit to the county planning commission names of those persons who have stated an interest in serving on the committee and others who would fulfill the requirements for composition of the citizens advisory committee. The county planning commission shall present a list of those interested persons and their recommendation of proposed members to serve on the committee to the board for approval. In addition to the members recommended by the county planning commission, the board shall also appoint one representative from each of the five commission districts. The terms of office for members of the citizens advisory committee shall be from the date of formation of the citizens advisory committee and will expire on January 1, 1989, or as may be extended by the county planning commission. If any member of the citizens advisory committee is absent from two or more meetings without a satisfactory excuse, that member's position shall be declared vacant. In such case, or in the event a vacancy occurs for any reason, such vacancy shall be filled by the board in accordance with the procedure set forth above.

(d)

Officers; quorum; compensation. The officers of the citizens advisory committee shall be elected by the membership of the citizens advisory committee and shall include a chairman, vice-chairman and a second vice-chairman. The presence of 12 or more members shall constitute a quorum. The citizens advisory committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, findings and determinations. The members of the citizens advisory committee shall serve without compensation, but may be reimbursed for such travel, mileage and/or per diem expenses as may be authorized by the board.

(e)

Location of meetings. All meetings of the citizens advisory committee shall be public meetings. Meetings shall be held regularly at the Collier County Government Center, Naples, Florida, unless another location is deemed appropriate by the chairman of the citizens advisory committee or his designee, and public notice is provided as to the location and time of the meeting.

(f)

Functions, powers and duties. The functions, powers and duties of the citizens advisory committee shall be to provide public participation and community input in the development and preparation of the comprehensive plan, or ele

ments or portions thereof. The committee shall assist staff in the identification of issues and problems and provide assistance in policy formulation on elements or portions of the comprehensive plan. The growth management coordinator or his designee shall act as staff liaison to the committee. The citizens advisory committee shall act as an advisory board to the county planning commission and shall review draft work elements and make recommendations during the preparation of the comprehensive plan as necessary. The citizens advisory committee may organize and create subcommittees for elements or portions of the comprehensive plan as deemed necessary. The county planning commission shall be notified of the purpose and membership of each subcommittee.

(Ord. No. 86-78, §§ 1—6; Ord. No. 87-7, §§ 1—6; Ord. No. 88-33, § 1)

Sec. 106-3. - Temporary permits.

(a)

Temporary recreation permits. The board of zoning appeals may, after investigation, notice and a hearing grant a temporary permit for an exhibition, fair, horse show, rodeo, regatta, race or similar activity, provided that:

(1)

There is no available building within the area for the use;

(2)

Sufficient parking and loading and unloading space are assured;

(3)

Sufficient setback lines are prescribed;

(4)

Proposed sanitary facilities are approved by the health department; and

(5)

A bond satisfactory to the board is posted to guarantee that the area is returned to a condition acceptable to the board.

(b)

Temporary construction and development permits. In the case of real estate or other commercial or development projects or construction of public roads in any zoning district, the developer may request a temporary use permit for a period not to exceed 12 months, to allow promotional, storage and fabrication activities which are needed during construction and sale of the project. The following uses may be permitted under the terms of such a temporary permit:

(1)

On-premises real estate sales offices;

(2)

Equipment and construction materials, storage, processing and fabrication facilities;

(3)

Temporary office space for persons engaged in the development;

(4)

Temporary on-premises signs;

(5)

Radio equipment and antennae.

(c)

Granting or denial. An applicant shall submit plans, in accordance with the Land Development Code, to the planning department indicating the area, the use, activities requested and the time period requested. The planning department shall grant or deny a temporary use permit and may stipulate the following conditions:

(1)

Traffic safety measures;

(2)

Parking requirement;

(3)

Limited activity hours;

(4)

Additional landscaping for temporary permit areas;

(5)

Additional on-premises security and health measures, which may include but not be limited to watchmen, fencing, lighting and sanitary measures.

(d)

Extensions. If need for the temporary use should extend beyond the time limit of the permit, application must be filed for an extension stating the reason and the time required. An extension shall not exceed six months.

(e)

Continuance. It shall be unlawful to continue such temporary use after expiration of the permit without having filed a request for extension.

(Ord. No. 73-17, §§ 1, 2)

Sec. 106-4. - Reserved.

Editor's note—

Ord. No. 97-9, § 21, adopted Jan. 28, 1997, repealed § 106-4, which pertained to similar name of buildings, etc., prohibited. See the Code Comparative Table—Ordinance Disposition.

Sec. 106-5. - Reserved.

Editor's note—

Ord. No. 99-86, §§ 1—5, adopted 12-14-99 provided a dissolution date of 12-31-02. Formerly, said section pertained to rural fringe area assessment oversight committee.

Sec. 106-6. - Reserved.

Editor's note—

Ord. No. 99-87, §§ 1—5, adopted 12-14-99 provided a dissolution date of 12-31-02. Formerly, said section pertained to rural lands assessment area oversight committee.

Secs. 106-7—106-30. - Reserved.