Ordinance 2021-29 ORDINANCE NO. 2021 - 2 9
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2019-01,
THE FLOODPLAIN MANAGEMENT ORDINANCE, TO ALLOW THE
INTERIOR PORTION OF ENCLOSED AREAS BELOW ELEVATED
BUILDINGS AND STRUCTURES TO BE TEMPERATURE-CONTROLLED
BY A PERMANENTLY MOUNTED AIR-CONDITIONER OR CONNECTED
TO CENTRAL AIR; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Collier County Board of County Commissioners (Board) seeks to protect
the health, safety and welfare of the citizens of Collier County; and
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health,welfare and safety of existing and future residents by enacting and enforcing
regulations necessary for the protection of the public including Flood damage prevention
ordinances; and
WHEREAS, on January 8, 2019, the Board adopted Ordinance No. 2019-01, the
Floodplain Management Ordinance of Collier County,based on the updated State of Florida Model
Flood Damage Prevention Ordinance and repealed the previously adopted Ordinance No.
2011-07, an Ordinance relating to Flood Damage Prevention, amended by Ordinance Nos. 2012-
06 and 2012-24; and
WHEREAS, the County's Floodplain Management Ordinance does not allow enclosed
areas below elevated buildings and structures to be temperature controlled and the State's Model
Ordinance does not include this limitation; and
WHEREAS,the Board desires to amend Collier County's current Floodplain Management
Ordinance to allow enclosed areas below elevated buildings and structures to be temperature
controlled;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION 12.B OF ORDINANCE NO. 2019-01
Section 12.B of Ordinance No. 2019-01 is hereby amended to read as follows:
SECTION 12: BUILDINGS AND STRUCTURES.
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B. Enclosures below the lowest floor. Enclosed areas below elevated buildings and
structures shall comply with the requirements of the Florida Building Code, shall be
limited to parking of vehicles, storage, and building access, and shall comply with the
following:
(1) Access to the enclosed area shall be the minimum necessary to allow for:
(a.) Parking of vehicles (garage doors);
(b.) Limited storage of maintenance equipment used in connection with the
premises (standard exterior door not to exceed 3.0 ft. by 8.0 ft.);
(c.) Main entrance to the structure (one double door set).
a permanently mounted air conditioner or connected to central air;
W(3) All areas that are partitioned within the enclosed area shall be vented in
accordance with ASCE 24 Flood Resistant Design and Construction;
(3)(4) All construction below the lowest floor shall be built with flood damage-resistant
materials consistent with ASCE 24 Flood Resistant Design and Construction, for
example: pressure treated wood and water-durable and mold resistant cement
backerboard; and
(4)(5) Section 6, D (8) of this ordinance, regarding a Declaration of Land Restriction
(Non-conversion agreement).
*********************************
SECTION TWO: APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in all
unincorporated areas of Collier County. This ordinance shall apply to all applications for
development, including building permit applications and subdivision proposals, submitted on or
after the effective date of this ordinance.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances
of Collier County, Florida. The Sections of the Ordinance may be renumbered or re-lettered to
accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other
appropriate word.
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SECTION FOUR: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this I Vi day of setp1._.e m I! , 2021.
ATTFT: BOARD OF COUNTY COMMISSIONERS
CRYSSTAL;K. KINZEL, CLERK COLLIER 0 Y, FLORIDA
f t
' By:
A est as to Chairman'Deputy Clerk Penny Ta or, Chairman
Signature only:
Approved as to form and legality:
(k,(_,L.t / (L`'?,�
HI eidi Ashton-Cicko Lk'
Managing Assistant County Attorney
Thi$ ard;nanee filed witf, the
for}- of tote's Of�f�ic�e�the
doy
and ocknow'edc:etr;iTA 1.� J`.
filit`1 ri�ceived this S,�t cloy
of ,
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
September 21, 2021
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-29, which was filed in this office on September 21,
2021.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270