Sec. 2-1171. - Establishment; Powers and Duties.
Sec. 2-1173. - Quorum and Voting.
Sec. 2-1174. - Rules of Procedure.
Sec. 2-1177. - Repeal of Ordinance.
Secs. 2-1178—2-1180. - Reserved.
Sec. 2-1171. - Establishment; Powers and Duties.
There is hereby established a Board of Zoning Appeals "BZA", which shall have the following powers and duties:
(a)
To hear, review, and approve, approve with conditions, or deny zoning variances, conditional uses, nonconforming use amendments, flood variances, and off-street parking and shared parking agreements in accordance with the terms of these regulations;
(b)
To hear, review, and approve, approve with conditions, or deny appeals from interpretations made by the County Manager or designee pertaining to the Collier County GMP, the future land use map, the LDC, or the official zoning atlas by the County Manager or designee;
(c)
To make its special knowledge and expertise available upon written request and authorization of the BCC to any official, department, board, or commission of the County.
(d)
To recommend to the BCC additional or amended rules of procedure to govern the BZA's proceedings; and
(e)
To perform those functions, powers and duties of the BZA as set forth in chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended.
(Ord. No. 2009-30, § 1)
(a)
Qualifications. Members of the BZA shall be qualified electors in Collier County and residents of the County for 2 years prior to appointment. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the BCC shall terminate the appointment of such person as a member of the BZA.
(b)
Appointment. The BCC may appoint a Board or Boards of Zoning Appeals for its planning area or areas, or may act as such Board or Boards of Zoning Appeals itself. Boards of Zoning Appeals shall have not less than 5, nor more than ten (10) members. Not more than 2 members of a BZA may be members of the Planning Commission.
(c)
Terms. Terms of office of members of the BZA shall be for not less than 2, nor more than 4 years, and not more than a minority of such members' terms shall expire in any 1 year.
(d)
Removal. Any member of a BZA may be removed from office for just cause by four-fifths vote of the full membership of the BCC, but such member shall be entitled to a public hearing if he so requests in writing within 30 days of the date upon which the vote is taken.
(e)
Vacancy. Wherever a vacancy occurs on a BZA which reduces the membership of the BZA below 5 members, the BCC shall fill such vacancy for the remainder of the term, within 30 days after the vacancy occurs. No meetings of a BZA shall be held when the membership is less than 5 members.
(f)
Officers. Boards of Zoning Appeals shall elect a Chairman and Vice-Chairman from among the members, and may create and fill such other offices as are determined to be necessary. Terms of all offices shall be for 1 year, with eligibility for reelection.
(Ord. No. 2009-30, § 1)
Sec. 2-1173. - Quorum and Voting.
No meeting of the BZA shall be called to order, nor may any business be transacted by the BZA, without a quorum consisting of at least 3 members of the BZA being present. All actions shall require a simple majority of the members of the BZA then present and voting, except for conditional uses, which require 4 affirmative votes.
(Ord. No. 2009-30, § 1)
Sec. 2-1174. - Rules of Procedure.
(a)
Boards of Zoning Appeals shall adopt rules for the transaction of business, and shall keep a record of resolutions, transactions, findings, and determinations. Boards of Zoning Appeals may provide for transcription of such hearings and proceedings, or portion of hearings and proceedings, as may be deemed necessary. All such records shall be public records.
(b)
Boards of Zoning Appeals may, subject to the approval of the BCC and within the financial limitations set by appropriations made or other funds available, employ such experts, technicians, and staff as may be deemed proper, pay their salaries, and make such other expenditures as are necessary to conduct the work of the BZA and effectuate its purposes.
(c)
The BCC is hereby authorized and empowered to make such appropriations as it may see fit for the conduct of the work of the BZA. The BCC is authorized and empowered to establish a schedule of fees, charges, and expenses, and a collection procedure therefor.
(d)
The BZA may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations.
(Ord. No. 2009-30, § 1)
Members of the BZA may receive such travel and other expenses while on official business for the BZA as are made available by the BCC for these purposes.
(Ord. No. 2009-30, § 1)
(a)
Meetings of the BZA shall be held as needed to dispose of matters properly before the BZA and may be called by the Chairman or in writing by 3 members of the BZA.
(b)
The location of meetings shall be in County offices in Naples, Florida. If a matter is postponed due to lack of a quorum, the Chairman shall continue the meeting as a special meeting to be held within 7 days thereafter. In case of delays caused by other reasons, the hearing shall be rescheduled to the next BZA meeting. The Secretary shall notify all members of the date of the continued hearing and also shall notify all parties.
(c)
All meetings and hearings of the BZA shall be open to the public.
(Ord. No. 2009-30, § 1)
Sec. 2-1177. - Repeal of Ordinance.
Collier County hereby readopts Section 8.04.00 (Board of Zoning Appeals) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as set out herein.
Concurrent with the effective date of this ordinance, Section 8.04.00 (Board of Zoning Appeals) of the Collier County Land Development Code is hereby repealed in its entirety.
(Ord. No. 2009-30, § 1, 2)