Sec. 250-51. - General provisions.

(a)

Purposes and districts. For the purpose of guiding and accomplishing coordinated, adjusted and harmonious development in accordance with existing and future needs, and in order to protect, promote and improve public health, safety, order, comfort, convenience, appearance and general welfare, the governing body or bodies of an area or areas described under section 250-29, in accordance with the conditions and procedures specified in this act, may enact or amend a zoning ordinance or ordinances. In such ordinance or ordinances the governing body shall create zoning districts in such number, shape and size as may be deemed best suited to carry out the purposes of this act. Ordinances need not be uniform in all geographic areas of the county served by different planning commissions, but the provisions of zoning ordinances may vary from geographic area to geographic area established under subsection 250-33(a).

(1)

Special districts or zones may be established in those areas deemed subject to seasonal or periodic flooding or where necessary for flowage of water during the time of floods, and such regulations may be applied therein as will minimize danger to life and property.

(b)

What may be regulated. Within the establishing zoning districts the governing body or bodies may regulate and determine:

(1)

Height, number of stories, size, location, relocation, erection, construction, reconstruction, alteration, removal and use of buildings, structures, and signs.

(2)

Use of land and water for commerce, industry, residence, agriculture, recreation, forestry, resource, conservation, and other lawful purposes.

(3)

Size of yards, courts and other open spaces.

(4)

Percentage of lot that may be occupied.

(5)

Density and distribution of population.

(6)

Expansion, change or elimination of nonconformities. Notice of elimination of nonconformities shall be recorded in the official records of the county.

(7)

Damage or nuisance producing characteristics such as, but not limited to noise, vibration, glare, and the handling of gaseous, liquid and solid wastes, including junk and wrecked automobiles and appliances, and trash.

(c)

District regulations, boundaries. Regulations and district boundaries shall be designed to help accomplish the objectives and purposes set forth in paragraph (a) of this section, and the comprehensive plan. The regulations shall apply uniformly to each class or kind of use throughout the zoning districts in which that use is permitted, under the particular ordinance involved.

(Laws of Fla. ch. 67-1246, § 9; Laws of Fla. ch. 69-964, §§ 1, 2)

Editor's note—

Laws of Fla. ch. 69-964, § 1 amended Laws of Fla. ch. 67-1246, § 9(a). As the 1969 act made no reference to § 9(a)(1), the same has been retained. The title of the 1969 act does not indicate that there was an intent to delete § 9(a)(1).

Sec. 250-52. - Establishing district boundaries; adoption of regulations.

(a)

Tentative report by planning commission. Tentative recommendations as to the boundaries of districts and the regulations to be enforced therein may be prepared by a planning commission for its planning area on its own initiative, or at the request of the governing body. The commission may hold preliminary hearings and conferences at such times and places and upon such notice as it may determine to be necessary to inform itself in the preparation of the tentative report. The tentative report, which shall include the proposed zoning ordinance with maps and other explanatory material, shall be made to the governing body by the planning commission. A recommendation shall only be made when approved by a vote equal in number to a majority of the full membership of the commission.

(b)

Action on tentative report. The governing body or bodies of the area shall consider the tentative report of the planning commission and shall return it, with any suggestions and recommendations, to the planning commission so that the planning commission may prepare a final report.

(c)

Final report and action. A final report on the zoning regulations shall be made to the governing body after the planning commission has considered the suggestions and recommendations of that body, and after a public hearing with due public notice. After the final report has been submitted by the planning commission, the governing body shall afford all interested persons an opportunity to be heard with reference to it at a public hearing or hearings, with due public notice, and shall act upon the proposed zoning regulations. No ordinance under the authority of this division shall be passed until after the final report of the planning commission has been received by the governing body or bodies.

(Laws of Fla. ch. 67-1246, § 10)

Sec. 250-53. - Amendment.

(a)

The governing body may from time to time amend or supplement the regulations and districts fixed by any zoning ordinance adopted pursuant to this Act. Proposed changes may be suggested by the governing body, by the planning commission, by the hearing examiner, or by petition of the owners of 50 percent or more of the area involved in the proposed change. In the latter case, the petitioner or petitioners may be required to assume the cost of public notice and other costs incidental to the hearings.

(b)

The planning commission, regardless of the source of the proposal for change, shall hold a public hearing or hearings thereon, with due public notice, and submit its recommendation on the proposed change to the governing body, except that the county planning commission may only render recommendations for those proposed changes which pertain to the county and which would change the actual list of permitted, conditional, or prohibited uses within a zoning category, or otherwise would alter or amend provisions of the county's codified land development regulations. The governing body shall hold a public hearing or hearings thereon, and shall act on the recommendation. No change in the zoning ordinance shall become effective except by an affirmative vote of four-fifths of the full membership of the governing body.

(Laws of Fla. ch. 67-1246, § 11; Laws of Fla. ch. 2001-344, § 1)

Sec. 250-54. - Continuity.

In the event any unincorporated territory within Collier County shall hereafter become incorporated, to insure that there shall be no lapse of zoning, any and all zoning regulations which may be in effect in such territory and administered by the county shall remain in full force and effect and shall continue to be administered and enforced by the county under this zoning law until such time as municipal zoning within such territory shall be adopted and take effect.

(Laws of Fla. ch. 67-1246, § 12)

Sec. 250-55. - Board of zoning appeals—Generally.

(a)

Establishment and composition. The governing body 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 five nor more than ten members. Not more than two members of a board of zoning appeals may be members of a planning commission.

(b)

Tenure, organization. Unless the governing body acts as a board of zoning appeals, then terms of office, removal from office; vacancies, shall be treated as follows:

(1)

Terms of office of members of the board of zoning appeals shall be for not less than two nor more than four years, and not more than a minority of such members' terms shall expire in any one year.

(2)

Any member of a board of zoning appeals may be removed from office for just cause by four-fifths vote of the full membership of the appointing governing body, 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.

(3)

Wherever a vacancy occurs on a board of zoning appeals which reduces the membership of the board of zoning appeals below five, the governing body shall fill such vacancy for the remainder of the term, within 30 days after the vacancy occurs. No meetings of a board of zoning appeals shall be held when the membership is less than five.

(c)

Officers, rules of procedure, employees and expenses. Boards of zoning appeals shall elect a chairman and vice-chairman from among the members, and may create and fill such other officers as are determined to be necessary. Terms of all offices shall be for one year, with eligibility for reelection.

(1)

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.

(2)

Boards of zoning appeals may, subject to the approval of the governing body concerned 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 board of zoning appeals and effectuate its purposes.

(3)

Members of boards of zoning appeals may receive such travel and other expenses while on official business for the board as are made available by the governing body for these purposes.

(d)

Appropriations, fees and other income. The governing body for the area under the jurisdiction of a board of zoning appeals is hereby authorized and empowered to make such appropriations as it may see fit for the conduct of the work of the board of zoning appeals. The governing body is authorized and empowered to establish a schedule of fees, charges and expenses, and a collection procedure therefor.

(Laws of Fla. ch. 67-1246, § 13)

Code reference—Boards, commissions, committees and councils, § 2-816 et seq.

Land development code reference—Board of zoning appeals, § 250-55

Sec. 250-56. - Same—Powers and duties.

(a)

Boards of zoning appeals or the governing body acting as a board of zoning appeals in the event it so elects, shall have the following powers and duties:

(1)

To hear and decide administrative appeals where it is alleged there is error in any order, requirement, decision, interpretation or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this Act.

(b)

No administrative appeal shall be considered by a board of zoning appeals or the governing body acting as a board of zoning appeals except after public hearing with due public notice.

(Laws of Fla. ch. 67-1246, § 14; Laws of Fla. ch. 2001-344, § 1)

Sec. 250-57. - Exercise of powers.

In exercising its powers, boards of zoning appeals or the governing body may, in conformity with the provisions of this Act and the zoning ordinance, reverse or affirm, wholly or partly, or may modify the administrative order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this Act, and appealed from, and may make such administrative order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the administrative appeal is taken.

(Laws of Fla. ch. 67-1246, § 15; Laws of Fla. ch. 2001-344, § 1)

Sec. 250-58. - Appeal from decision of administrative official.

(a)

Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the administrative decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the administrative action from which an appeal is taken.

(b)

Due public notice of the hearing on the administrative appeal shall be given.

(c)

Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed.

(Laws of Fla. ch. 67-1246, § 16; Laws of Fla. ch. 2001-344, § 1)

Sec. 250-59. - Staying of work on premises.

When an appeal from the decision of any administrative official has been filed with the administrative official, all proceedings and work on the premises concerning which the decision was made shall be stayed unless the official from whom the appeal was taken shall certify to the board of zoning appeals that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings, or work shall not be stayed except by a restraining order which may be granted by the board of zoning appeals, or by a court of record.

(Laws of Fla. ch. 67-1246, § 17)

Sec. 250-60. - Review of decisions; precedence; costs of action.

(a)

Review of decisions of boards of zoning appeals is exclusively by the circuit court of Collier County. Any person or persons, jointly or severally, aggrieved by any decision of a board of zoning appeals, or any taxpayer, or any officer; department, board or bureau of the governing body, may present to the Circuit Court of Collier County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the decision of the board of zoning appeals.

(b)

Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of zoning appeals to review such decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board, and on due cause shown, grant a restraining order.

(c)

The board of zoning appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(d)

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(e)

All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.

(f)

Costs shall be allowed to the petitioner only if it shall appear to the court that the board acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

(Laws of Fla. ch. 67-1246, § 18)

Secs. 250-61—250-70. - Reserved.