Backup Documents 03/08/2022 Item #17A 3-8-22 1 A
AMENDING ORDINANCE 2019-01
COLLIER COUNTY FLORIDA oft r
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ,Y
To: Clerk to the Board: Please place the following as a: rJl x
® Normal legal Advertisement ❑ Other:
(Display Adv., location,etc.)
Originating Dept/Div: Building Review& Inspection/GMD Person: Christopher Mason 252-2932 Date: 1/21/22
Petition No.(If none,give brief description): Floodplain Management Ordinance amendment
Petitioner: (Name&Address): none
Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) none
Hearing before BCC BZA Other Mat
t
C► €
Requested Hearing date: (Based on advertisement appearing at least 10 days before hearing.)) Egbraorrg;2022(ad to run no later
than T sdVrdairtraTQ27
WED Fcb.U.%2OVL
Newspaper(s)to be used: (Complete only if important):
Naples Daily News ❑ Other ❑ Legally Required
Proposed Text: (Include legal description&common location&Size) AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.2019-01,AS AMENDED,THE
FLOODPLAIN MANAGEMENT ORDINANCE,TO PROVIDE CRITERIA FOR ACCESSORY STRUCTURES AND
AGRICULTURAL STRUCTURES IN FLOOD HAZARD AREAS; TO SPECIFY ELEVATION OF MANUFACTURED
HOMES IN FLOOD HAZARD AREAS; PROVIDING FOR APPLICABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Companion petition(s), if any&proposed hearing date: None
Purchase Order Number to be charged for advertising costs:4500212968
at6Ao_____Reviewed by:
1 21 I2oZZ.
Division Administrator or Designee Date
List Attachments: proposed ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to D Requesting Division ❑Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USk ONLY:
Date Received: 21'2.2., Date of Public hearing. Z Date Advertised:
$ 7A
ORDINANCE NO. 2022 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2019-01, AS AMENDED, THE FLOODPLAIN MANAGEMENT
ORDINANCE, TO PROVIDE CRITERIA FOR ACCESSORY
STRUCTURES AND AGRICULTURAL STRUCTURES IN FLOOD
HAZARD AREAS; TO SPECIFY ELEVATION OF
MANUFACTURED HOMES IN FLOOD HAZARD AREAS;
PROVIDING FOR APPLICABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, safety, and general welfare of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public,including flood damage prevention
requirements; and
WHEREAS, on January 8, 2019, the Board adopted Ordinance No. 2019-01, the
Floodplain Management Ordinance, which was amended on September 14, 2021 by Ordinance
No. 2021-29.
WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104-
008-03 Floodplain Management Requirements for Agricultural Structures and Accessory
Structures; and
WHEREAS, the Board has determined it appropriate to adopt regulations that are
consistent with the FEMA Policy to allow issuance of permits for wet floodproofed accessory
structures that are not larger than the sizes specified in the FEMA Policy and to grant variances
for certain agricultural structures to be wet floodproofed; and
WHEREAS, Collier County participates in the National Flood Insurance Program and
participates in the NFIP's Community Rating System, a voluntary incentive program that
recognizes and encourages community floodplain management activities that exceed the minimum
program requirements, achieving a CRS rating of Class 5; and
WHEREAS, in 2020 the NFIP Community Rating System established certain minimum
prerequisites for communities to qualify for or maintain class ratings of Class 8 or better and to
satisfy the prerequisite and for Collier County to maintain the current CRS rating,all manufactured
homes installed or replaced in special flood hazard areas must be elevated such that the lowest
floors are at or above at least the base flood elevation plus 1 foot,which necessitates modification
of the existing requirements; and
[21-IPR-00024/1688282/1]48 Text underlined is added;text Hugh is deleted.
12-17-21 Page 1 of 15
WHEREAS,the Board determined that it is in the public interest to amend the floodplain
management regulations to better protect owners and occupants of manufactured homes and to
continue participating in the Community Rating System at the current class rating.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION 2 OF ORDINANCE NO. 2019-01, AS
AMENDED
Section 2 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
SECTION 2: DEFINITIONS AND ACRONYMS.
Unless otherwise expressly stated,the following words, terms, and acronyms shall, for the
purposes of this ordinance, have the meanings shown in this section. Where terms are not defined
in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings
ascribed to them in that code. Where terms are not defined in this ordinance or the Florida Building
Code, such terms shall have ordinarily accepted meanings such as the context implies.
Accessory structure. A structure on the same parcel of property as a principal structure and the
use of which is incidental to the use of the principal structure. For floodplain management
purposes,the term includes only accessory structures used for parking and storage.
Agricultural structure. For floodplain managementpurposes,a walled and roofed structure used
exclusively for agricultural purposes or uses in connection with the production,harvesting,storages
raising, or drying of agricultural commodities and livestock, including aquatic organisms.
Structures that house tools or equipment used in connection with these purposes or uses are also
considered to have agricultural purposes or uses.
*******************************
final site ,.,..,ding or the p of concrete pads
*******************************
[21-IPR-00024/1688282/1]48 Text underlined is added;text Dough is deleted.
12-17-21 Page 2 of 15
7At
Market value. T e price at which a perty will change hands betwee willin,. buyer
market The value of buildings and structures, excluding the land and other improvements on
the parcel. Market value , is the
Actual Cash Value(in-kind replacement cost depreciated for age, wear and tear,neglect,and
quality of construction) determined by a qualified independent appraiser, or tax assessment
value adjusted to approximate market value by a factor provided by the Property Appraiser.
National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a
reference for establishing varying elevations within the Floodplain. Elevation information
based upon NGVD and used for Floodplain management purposes prior to March 14, 2011,
may continue to be used provided there is also converted elevation information based upon
NAVD.After March 14,2011,all elevation information submitted with a development permit
shall utilize NAVD.
New construction. For the purposes of administration of this ordinance and the flood-
resistant construction requirements of the Florida Building Code, structures for which the
start of construction commenced on or after September 4, 1979,and includes any subsequent
improvements to such structures.
September n 197o
SECTION TWO: AMENDMENT TO SECTION 7 OF ORDINANCE NO.2019-01,AS
AMENDED
Section 7 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
SECTION 7 - SITE PLANS AND CONSTRUCTION DOCUMENTS.
A. Information for Development in Flood Hazard Areas. The Floodplain Administrator is
authorized to waive the submission of site plans, construction documents, and other data that
are required by this ordinance but that are not required to be prepared by a registered design
professional if it is found that the nature of the proposed development is such that the review
of such submissions is not necessary to ascertain compliance with this ordinance. The site
plan or construction documents for any development subject to the requirements of this
ordinance shall be drawn to scale and shall include, as applicable to the proposed
development:
*******************************
[21-IPR-00024/1688282/1[48 Text underlined is added;text struck-threugh is deleted.
12-17-21 Page 3 of 15
hA
(4) Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas and Coastal A Zones,new buildings
shall be located landward of the reach of mean high tide.
*******************************
C. Additional Analyses and Certifications. As applicable to the location and nature of the
proposed development activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a Florida licensed engineer
for submission with the site plan and construction documents:
*******************************
(4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard
areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the
proposed alteration will not increase the potential for flood damage.
*******************************
SECTION THREE: AMENDMENT TO SECTION 9 OF ORDINANCE NO. 2019-01, AS
AMENDED
Section 9 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
SECTION 9 - VARIANCES AND APPEALS.
A. Variances and appeals; In General. Requests for variances and requests for appeals shall be
processed in accordance with this section. Requests for variances and appeals shall be
accompanied with the fee specified in the Growth Management Department, Development
Services Fee Schedule.
(1) The Office of the Hearing Examiner(or the Planning Commission if the Hearing Examiner
is not available whomever ' the B^ rd of C^ C^ o s) shall
hear requests for variances from the strict application of requirements of this ordinance
and which are not requirements of the Florida Building Code, in accordance with Land
Development Code section 10.09.00.
(2) Pursuant to F.S. § 553.73(5), the Board of Building Adjustments and Appeals shall hear
and decide on requests for appeals and requests for variances from the strict application
of the flood-resistant construction requirements of the Florida Building Code. This
section does not apply to Section 3109 of the Florida Building Code, Building.
B. Limitations on Authority to Grant Variances. The Office of the Hearing Examiner (or the
Planning Commission if the Hearing Examiner is not available
and the Board of Building Adjustments and Appeals, as
applicable, shall base its decisions on variances on technical justifications submitted by
applicants,the considerations for issuance in Section 9, F of this ordinance,the conditions of
issuance set forth in Section 9, G of this ordinance, and the comments and recommendations
of the Floodplain Administrator and the Building Official. The Office of the Hearing
Examiner(or the Planning Commission if the Hearing Examiner is not available
[21-1PR-00024/1688282/1148 Text underlined is added;text struck through is deleted.
12-17-21 Page 4 of 15
a 7 A
and the Board of Building Adjustments
and Appeals, as applicable, has the right to attach such conditions as it deems necessary to
further the purposes and objectives of this ordinance and the Florida Building Code, as
applicable.
C. Restrictions in Floodways. A variance shall not be issued by the Office of the Hearing
Examiner(or the Planning Commission if the Hearing Examiner is not available)or the Board
of Building Adjustments and Appeals, as applicable, for any proposed development in a
floodway if any increase in base flood elevations would result,as evidenced by the applicable
analyses and certifications required in Section 7, C of this ordinance.
D. Historic Buildings. A variance is authorized to be issued by the Board of Building
Adjustments and Appeals for the repair, improvement, or rehabilitation of a historic building
that is determined eligible for the exception to the flood-resistant construction requirements
of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a
determination that the proposed repair, improvement, or rehabilitation will not preclude the
building's continued designation as a historic building and the variance is the minimum
necessary to preserve the historic character and design of the building. If the proposed work
precludes the building's continued designation as a historic building, a variance shall not be
granted and the building and any repair, improvement, and rehabilitation shall be subject to
the requirements of the Florida Building Code.
E. Functionally Dependent Uses. A variance is authorized to be issued by the Board of Building
Adjustments and Appeals for the construction or substantial improvement necessary for the
conduct of a functionally dependent use, as defined in this ordinance, provided the variance
meets the requirements of Section 9, C of this ordinance, is the minimum necessary
considering the flood hazard, and all due consideration has been given to use of methods and
materials that minimize flood damage during occurrence of the base flood.
F. Considerations for Issuance of Variances. In making a determination under Section 9, G of
this ordinance, the Office of the Hearing Examiner (or the Planning Commission if the
Hearing Examiner is not available
Commissioners) and the Board of Building Adjustments and Appeals, as applicable, shall
consider all technical evaluations, all relevant factors, all other applicable provisions of the
Florida Building Code, this ordinance, and the following:
(1) The danger that materials and debris may be swept onto other lands resulting in further
injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents,to flood damage and
the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the community;
(5) The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated
development;
[21-IPR-00024/1688282/1]48 Text underlined is added;text strusk-thr-eugh is deleted.
12-17-21 Page 5 of 15
A 7 A
(7) The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
(9) The expected heights,velocity,duration,rate of rise and debris and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site; and
(10) The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, streets and bridges.
G. Conditions for Issuance of Variances. Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this ordinance or the required elevation standards;
(2) Determination by the Office of the Hearing Examiner(or the Planning Commission if the
Hearing Examiner is not available by the Boar of County
Commissioners)and the Board of Building Adjustments and Appeals,as applicable,that:
(a) Failure to grant the variance would result in exceptional hardship due to the physical
characteristics of the land that render the lot undevelopable;increased costs to satisfy
the requirements or inconvenience do not constitute hardship;
(b) The granting of a variance will not result in increased flood heights,additional threats
to public safety, extraordinary public expense, nor create nuisances, cause fraud on
or victimization of the public or conflict with existing local laws and ordinances;and
(c) The variance is the minimum necessary,considering the flood hazard,to afford relief.
(3) Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court in such a manner that it appears in the
chain of title of the affected parcel of land; and
(4) If the request is for a variance to allow construction of the lowest floor of a new building,
or substantial improvement of a building, below the required elevation, a copy in the
record of a written notice from the Floodplain Administrator to the applicant for the
variance, specifying the difference between the base flood elevation and the proposed
elevation of the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resulting from the reduced floor elevation (up to
amounts as high as $25 for $100 of insurance coverage), and stating that construction
below the base flood elevation increases risks to life and property.
H. Agricultural structures. A variance is authorized to be issued by the Board of Building
Adjustments and Appeals for the construction or substantial improvement of agricultural structures
provided the requirements of this section are satisfied and:
(1)A determination has been made that the proposed agricultural structure:
(a) Is used exclusively in connection with the production, harvesting, storages
raising, or drying of agricultural commodities and livestock, or storage of tools or
equipment used in connection with these purposes or uses, and will be restricted to
[21-IPR-00024/1688282/I]48 Text underlined is added;text struck through is deleted.
12-17-21 Page 6 of 15
7A
such exclusive uses;
(b) Has low damage potential (amount of physical damage, contents damage, and
loss of function);
(c) Does not increase risks and pose a danger to public health, safety, and welfare
if flooded and contents are released, including but not limited to the effects of
flooding on manure storage, livestock confinement operations, liquified natural gas
terminals, and production and storage of highly volatile, toxic, or water-reactive
materials;
(d)Is not located in a coastal high hazard area(Zone V/VE), except for aquaculture
structures dependent on close proximity to water; and
(e) Complies with the wet floodproofing construction requirements of paragraph
(2), below.
(2) Wet floodproofing construction requirements.
(a) Anchored to resist flotation, collapse, and lateral movement;
(b) When enclosed by walls, walls have flood openings that comply with the flood
opening requirements of ASCE 24LChapter 2;
(c) Flood damage-resistant materials are used below the base flood elevation plus
one (1) foot; and
(d) Mechanical, electrical, and utility equipment, including plumbing fixtures, are
elevated above the base flood elevation plus one (1)foot.
Certain at-grade accessory structures. A request for a variance is authorized to be heard
and decided by the Growth Management Department Head or designee for the construction or
substantial improvement of at-grade accessory structures located in special flood hazard areas
(zone A/AE) other than coastal high hazard areas that are larger than the size limits specified in
Section 12, C, provided the requirements of this section are satisfied, the accessory structures are
used only for parking or storage, and the accessory structures:
(1)Represent minimal investment and has low damage potential;
(2) Are one story and not larger than 1,200 square feet in size, and have flood openings in
accordance with Section R322.2 of the Florida Building Code, Residential;
(3) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads;
and
(4) Have flood damage-resistant materials used below the base flood elevation plus one (1)
foot.
(5) Have mechanical,plumbing and electrical systems, including plumbing fixtures, elevated
to or above the base flood elevation plus one(1) foot.
J. H. Requests for Appeals. The Office of the Hearing Examiner (or the Planning Commission
if the Hearing Examiner is not available whomever ntea by the Board of County
Commissioners) or the Board of Building Adjustments and Appeals, as applicable,shall hear
[21-IPR-00024/1688282/1]48 Text underlined is added;text struck-through is deleted.
12-17-21 Page 7 of 15
1 A
and decide on requests for appeals when it is alleged there is an error in any requirement,
decision, or determination made by the Floodplain Administrator in the administration and
enforcement of this ordinance.
K. 1-Process for Decisions and Appeal of Decisions of the Office of the Hearing Examiner. All
decisions of the Hearing Examiner (or the Planning Commission if the Hearing Examiner is
not available)and the Board of Building Adjustments and Appeals,as applicable,arising from
Section 9 of this ordinance will be delivered or mailed by the Hearing Examiner to all parties
of record, the County Attorney, and the County Manager. Any party, including the County,
may appeal the decision to the Board of Zoning Appeals within the time frame and in the
manner provided by the Rules of Procedure, as described in Ordinance No. 2013-25, Section
4, as amended. Failing a timely appeal, the decision of the Hearing Examiner will be
considered final in all respects. Appeals shall be heard de novo by the Board of Zoning
Appeals in the manner proscribed in the LDC. In reaching its decision, the Board of Zoning
Appeals may adopt or deny, in whole or in part,the decision of the Hearing Examiner.
SECTION FOUR: AMENDMENT TO SECTION 12 OF ORDINANCE NO. 2019-01, AS
AMENDED.
Section 12 of Ordinance No. 2019-01,as amended, is hereby amended to read as follows:
SECTION 12—BUILDING AND STRUCTURES
*******************************
C. Detached accessory structures. Detached accessory structures used only for parking or storage
that are not elevated (garages, tool sheds, storage buildings, steel ISO 10'-20'-40' storage
containers, etc.) may be positioned on the ground or a slab-properly ,
below the base flood
elevation provided:
(1) If located in special flood hazard areas (Zone A/AE) other than coastal high hazard
areas and Coastal A Zones, are one-story and not larger than 600 sq. ft. and have flood
openings in accordance with Section R322.2 of the Florida Building Code, Residential;
(2) If located in coastal high hazard areas (Zone V/VE) and Coastal A Zones, are not
located below elevated buildings and are not larger than 100 sq. ft.;
(3) Are anchored to resist flotation, collapse or lateral movement resulting from flood
loads;
(4)Have flood damage-resistant materials used below the base flood elevation plus one(1)
foot.
(5) Have mechanical, plumbing and electrical systems, including plumbing fixtures,
elevated to or above the base flood elevation plus one (1) foot: and
[21-1PR-00024/1688282/1148 Text underlined is added;text struelE-t feugh is deleted.
12-17-21 Page 8 of 15
I 7 A
(6) A property owner must provide a signed Declaration of Land Restriction (Non-
conversion agreement) prior to the issuance of the certificate of completion for detached
accessory structures that are not elevated and are greater than 120 square feet.
D. Design and construction of nonresidential farm buildings on farms. Pursuant to Section 6, C
of this ordinance, nonresidential farm buildings on farms that are exempt from the Florida
Building Code, including substantial improvement or repair of substantial damage of such
buildings, shall be designed and constructed in accordance with the flood load and flood-
resistant construction requirements of ASCE 24. If required to be elevated in accordance with
ASCE 24,nonresidential farm buildings on farms shall be elevated to or above the base flood
elevation unless granted a variance pursuant to Section 9 for wet floodproofing in accordance
with Section 9, H. Structures exempt from the Florida Building Code that are not walled and
roofed buildings shall comply with the requirements of Section 18 of this ordinance.
E. Permanently-mounted air-conditioners, generators, and other exterior mechanical
equipment. When installed with new construction or replaced as part of substantial
improvement or repair of substantial damage, permanently-mounted air-conditioners,
generators, and other exterior mechanical equipment shall be elevated to or above the
elevation required by the Florida Building Code - Residential Sec. R322.1.6 or Florida
Building Code - Building, Sec. 1612 (ASCE 24), as applicable. When not part of substantial
improvement or repair of substantial damage, new or replacement of permanently-mounted
air-conditioners,generators,and exterior mechanical equipment shall be elevated to or above
the BFE or the lowest floor elevation of the building served, whichever is lower. When-net
Residcntial Sec. R322.1.6 or Florida Building Codc Building, Sec. 1612 (ASCE 21), a3
applicable,
F. Pool Equipment. When installed with new construction or new equipment is installed for an
existing pool, pool equipment shall be elevated to or above the elevation required by the
Florida Building Code, Residential R322.1.6 or Florida Building Code, Building, Sec. 1612
(ASCE 24), as applicable. Where-riew-peel-equipment-is-installed-en-an-existing-peeltbe
Where pool equipment is installed to replace existing pool equipment,the new pool equipment
shall be elevated to or above the elevation of the existing pool equipment. In cases where the
elevation of pool equipment will hinder access for repair and maintenance, a letter may be
submitted by the pool contractor to the building official demonstrating that the equipment can
be installed to resist flood forces and is GFI protected per the National Electric Code (NEC)
2014, 680.21(C), as may be amended from time to time.
*******************************
SECTION FIVE: AMENDMENT TO SECTION 14 OF ORDINANCE NO. 2019-01,AS
AMENDED.
Section 14 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
[21-IPR-00024/1688282/1148 Text underlined is added;text struckstfuolE-thfough is deleted.
12-17-21 Page 9 of 15
17A
SECTION 14—SITE IMPROVEMENTS,UTILITIES AND LIMITATIONS
*******************************
F. Limitations on Sites in Coastal High Hazard Areas (Zone T) and Coastal A Zones. In coastal
high hazard areas and Coastal A Zones, alteration of sand dunes and mangrove stands shall
be permitted only if such alteration is approved by the Florida Department of Environmental
Protection and only if the engineering analysis required by Section 7, C(4) (§ 62-75.C(4))of
this ordinance demonstrates that the proposed alteration will not increase the potential for
flood damage. Construction or restoration of dunes under or around elevated buildings and
structures shall comply with Section 18, H(3) of this ordinance.
SECTION SIX: AMENDMENT TO SECTION 15 OF ORDINANCE NO. 2019-01,AS
AMENDED.
Section 15 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
SECTION 15—MANUFACTURED HOMES
A. General. All manufactured homes installed in flood hazard areas shall be installed by an
installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements
of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located seaward of the
coastal construction control line, all manufactured homes shall comply with the more
restrictive of the applicable requirements.
B. Foundations. All new manufactured homes and replacement manufactured homes installed in
flood hazard areas shall be installed on permanent foundations that:
(1) In flood hazard areas(Zone A)other than coastal high hazard areas and Coastal A Zones,
are designed in accordance with the foundation requirements of the Florida Building
Code, Residential Section R322.2 and this ordinance.
.ther f„„d tion elements of at least a alent st engt
(2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation
requirements of the Florida Building Code, Residential Section R322.3 and this
ordinance.
C. Anchoring. All new manufactured homes and replacement manufactured homes shall be
installed using methods and practices which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
movement. Methods of anchoring include,but are not limited to,use of over-the-top or frame
ties to ground anchors. This anchoring requirement is in addition to applicable state and local
anchoring requirements for wind resistance.
D. Elevation. All manufactured homes that are placed, replaced, or substantially improved in
flood hazard areas shall be elevated such that the lowest floor is at or above the elevation
required, as applicable to the flood hazard area, in the Florida Building Code,
Residential Section R322.2(Zone A)or R322.3 (Zone V and Coastal A Zone).-Manufactured
[21-IPR-00024/1688282/1]48 Text underlined is added;text dough is deleted.
12-17-21 Page 10 of 15
11 *
or 15, F(§§ 62 83.E or F)of this ordinance, as applicable.
whieh-a-manufastufed-heme-has-ifieuffed-substafitial-damage-as-the-result-ef-a-fleedr shall-be
flood hazard area, in the Florida Building Cede, Residential Section n322 2 (Zone ) o«
Section R322.3 (Zone V).
subje *: n c is 62 83 E) f.�.:s :.,.,«„o
(1) Lowest Floor „f t e of ct„rea homo at above the elevat:on o rea
R 322 2 (Zone A) or Se tion R 322 (Zone V); or
E. 6- Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code,Residential Section R322 for such enclosed areas,
as applicable to the flood hazard area.
F. 14 Utility Equipment. Utility equipment that serves manufactured homes, including electric,
heating, ventilation, plumbing, and air conditioning equipment, and other service facilities,
shall comply with the requirements of the Florida Building Code, Residential Section R322,
as applicable to the flood hazard area. Replacement of permanently-mounted air-conditioning
equipment,generators,and exterior mechanical equipment shall comply with Section 12,E(§
62-80.E)of this ordinance.
G. L—Permits Required for Additions, Attachments, Improvements and Repair of Manufactured
Homes. Building permits are required for additions, attachments,improvements and repair of
damage by any cause to manufactured homes. Any addition or attachment that is structurally
connected to the manufactured home or is freestanding shall be constructed to meet the Florida
Building Code,as may be amended from time to time.The design of an addition or attachment
shall use the current wind criteria for the zone.
(1) An addition or attachment shall only be allowed where a manufactured home was
constructed with a host beam by the manufacturer in order to provide the necessary
structural support for the connection between the two structures.For manufactured homes
that were not constructed by the manufacturer to support additions or attachments
connected to them, the addition or attachment shall be freestanding, other than flashing
required for weather-tightness.
[21-IPR-00024/1688282/1]48 Text underlined is added;text struck through is deleted.
12-17-21 Page 11 of 15
(2) Applications for repair of structural components of a manufactured home shall include
letters from a registered design professional or a mobile home inspector that states the
structure is in compliance with the applicable Manufactured Home Construction and
Safety Standards, developed by HUD, in place at the time of assembly.
SECTION SEVEN: AMENDMENT TO SECTION 17 OF ORDINANCE NO. 2019-01, AS
AMENDED.
Section 17 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
SECTION 17-TANKS
A. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to prevent
flotation, collapse or lateral movement resulting from hydro-dynamic and hydrostatic loads
during conditions of the design flood, including the effects of buoyancy assuming the tank is
empty.
B. Above-Ground Tanks, Not Elevated. Above-ground tanks that do not meet the elevation
requirements of Section 17, C of this ordinance shall:
(1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and
Coastal A Zones,provided the tanks are anchored or otherwise designed and constructed
to prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy
assuming the tank is empty and the effects of flood-borne debris.
(2) Not be permitted in coastal high hazard areas(Zone V)and Coastal A Zones.
C. Above-Ground Tanks, Elevated. Above-ground tanks in flood hazard areas shall be elevated
to or above the design flood elevation and attached to a supporting structure that is designed
to prevent flotation,collapse or lateral movement during conditions of the design flood. Tank-
; supporting structures shall meet the foundation requirements of the applicable flood hazard
area.
D. Tank Inlets and Vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design flood;
and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
SECTION EIGHT: AMENDMENT TO SECTION 18 OF ORDINANCE NO. 2019-01, AS
AMENDED.
Section 18 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
[21-IPR-00024/1688282/1]48 Text underlined is added;text struck-through is deleted.
12-17-21 Page 12 of 15
17A
SECTION 18—OTHER DEVELOPMENT
*******************************
E. Concrete Slabs Used as Parking Pads, Enclosure Floors, Landings, Decks, Walkways, Patios
and Similar Nonstructural Uses in Coastal High Hazard Areas(Zone V)and Coastal A Zones.
In coastal high hazard areas and Coastal A Zones, concrete slabs used as parking pads,
enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are
permitted beneath or adjacent to buildings and structures provided the concrete slabs are
designed and constructed to be:
(1) Structurally independent of the foundation system of the building or structure;
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four(4)inches.
F. Decks and Patios in Coastal High Hazard Areas (Zone V) and Coastal A Zones. In addition
to the requirements of the Florida Building Code, in coastal high hazard areas and Coastal A
Zones decks and patios shall be located, designed, and constructed in compliance with the
following:
(1) A deck that is structurally attached to a building or structure shall have the bottom of the
lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed
to accommodate any increased loads resulting from the attached deck.
(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to the building or structure or to adjacent buildings
and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepared by a qualified registered design professional
demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that
would increase damage to the building or structure or to adjacent buildings and structures.
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave runup and wave
reflection.
G. Other Development in Coastal High Hazard Areas (Zone V) and Coastal A Zones. In coastal
high hazard areas and Coastal A Zones, development activities other than buildings and
structures shall be permitted only if also authorized by the appropriate federal, state or local
authority; if located outside the footprint of, and not structurally attached to, buildings and
structures; and if analyses prepared by qualified registered design professionals demonstrate
[21-IPR-00024/1688282/1]48 Text underlined is added;text stFltsk-tl gh is deleted.
12-17-21 Page 13 of 15
I ? A
no harmful diversion of floodwaters or wave runup and wave reflection that would increase
damage to adjacent buildings and structures. Such other development activities include but
are not limited to:
(1) Bulkheads, seawalls,retaining walls,revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and
constructed to fail under flood conditions less than the design flood or otherwise function
to avoid obstruction of floodwaters; and
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
H. Nonstructural Fill in Coastal High Hazard Areas (Zone V) and Coastal A Zones. In coastal
high hazard areas and Coastal A Zones:
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
(3) Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification
of the diversion of floodwater or wave runup and wave reflection if the scale and location
of the dune work is consistent with local beach-dune morphology and the vertical
clearance is maintained between the top of the sand dune and the lowest horizontal
structural member of the building.
SECTION NINE: 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 TEN 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.
[21-1PR-00024/1688282/1]48 Text underlined is added;text dough is deleted.
12-1 7-21 Page 14 of 15
I 7 A
SECTION ELEVEN: 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 TWELVE: 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 day of , 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk William L. McDaniel, Jr., Chairman
Approved as to form and legality:
2`
N .v
Heidi Ashton-Cicko ,v
Managing Assistant County Attorney
121-IPR-00024/1688282/1 J48 Text underlined is added;text stpuele-threugh is deleted.
12-17-21 Page 15 of 15
1 7 A
NDN Acct #323534
January 24, 2022
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: Amending Ordinance 2019-01
Dear Legals:
Please advertise the above referenced Notice (to be placed in the Classified
Section of the paper) on Wednesday, February 16, 2022, and send the Affidavit
of Publication, together with charges involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500212968
17A
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
(BCC)on March 8,2022,in the Board of County Commissioners Meeting Room,Third Floor,Collier Government
Center, 3299 Tamiami Trail East,Naples, FL,to consider the enactment of a County Ordinance. The meeting will
commence at 9:00 A.M.The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AMENDING ORDINANCE NO. 2019-01, AS AMENDED, THE FLOODPLAIN
MANAGEMENT ORDINANCE, TO PROVIDE CRITERIA FOR ACCESSORY STRUCTURES
AND AGRICULTURAL STRUCTURES IN FLOOD HAZARD AREAS; TO SPECIFY
ELEVATION OF MANUFACTURED HOMES IN FLOOD HAZARD AREAS; PROVIDING
FOR APPLICABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES;PROVIDING FOR CONFLICT AND SEVERABILITY;AND PROVIDING FOR
AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to
presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The
selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the
Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material
a minimum of 3 weeks prior to the respective public hearing.In any case,written materials intended to be considered
by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.
All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide
public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate
remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events
on the County website at www.colliercountyfl.gov/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting or any deadline specified within the
public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's
risk. The County is not responsible for technical issues. For additional information about the meeting, please call
Geoffrey Willig at 252-8369 or email to Geoffrey.Willig(&,,colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining
thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes
the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you
are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356,(239)252-8380,at
least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board
of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
WILLIAM L. MCDANIEL JR., CHAIRMAN
I 7 A
CRYSTAL K. KINZEL, CLERK
By: Ann Jennejohn,Deputy Clerk
(SEAL)
17A
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Monday, January 24, 2022 4:26 PM
To: Naples Daily News Legals
Subject: Amending Ordinance 2019-01
Attachments: Amending Ordinance 2019-01 (BCC 3-8-22).docx;Amending Ordinance 2019-01
(3-8-22 BCC Meeeting).docx
Good Afternoon,
Please advertise the attached ova
Wednesday, February 16, 2022.
Please place this in the
classified section of the paper.
Thank you.
Ann JenneJotin
r3MR Senior Deputy Clerk II
` tistt cYk:gr Clerk to the Value Adjustment Board
�. 4`�•, Office: 239-252-s4o6
Fax: 239-252-8408 (if applicable)
Ann.Jennejohn@CollierClerk.cowa
r
a-c Office of the Clerk of the Circuit Court
ttik"K,ri k`` & Comptroller of Collier County
32,3 Tawiawai Trail, Suite *401
Naples, FL. 34112-5324
www.CollierClerk.cowa
17A
Ann P. Jennejohn
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Monday, January 24, 2022 5:03 PM
To: Ann P.Jennejohn
Subject: RE: 5103934 Amending Ordinance 2019-01
Attachments: OrderConf.pdf
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Please find attached your order confirmation and proof of the ad.
Your ad is set to run in:
Naples Daily News on 2/16 $588.00
If you have any changes please email us back with the changes. If you have any questions regarding
this ad please call us at 1-844-254-5287 between the hours of 8:00 A.M. and 5:00 P.M. EST
When contacting us please reference your ad number in the subject field.
Thank you for your business,
Kathleen Naysmith
Regional Legal Clerk
Gannett I Classified Business Solutions
SNETWORK r LOCALIQ
`'Office: 844-254-5284 ext 5412
Fax: 800.560.7434
knaysmith@gannett.com
From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>
Sent: Monday,January 24, 2022 4:26 PM
To: NDN-Legals<legals@naplesnews.com>
Subject: 5103934 Amending Ordinance 2019-01
Good Afternoon,
Please advertise the attacked on
Wednesday, February 16, 2022.
Please place this in the
1
i 7 A
,, . 14'apties attitu News
PART OF THE USA TODAY NETWORK
OFFICE OF THE COUNTY
3299 TAMIAMI TRL E#800
NAPLES FL 34112--574
Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
1306921 0005103934 $588.00 $0.00 $588.00 Credit Card $0.00 $588.00
Sales Rep: knaysmi Order Taker: knaysmi Order Created 01/24/2022
Product #Ins Column Agate Lines Start Date End Date
NDN-Naples Daily News 1 2.00 168 02/16/2022 02/16/2022
NDN-naplesnews.com 1 2.00 168 02/16/2022 02/16/2022
*ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
hA
Text of Ad: 01/24/2022
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners (BCC) on March
8, 2022, in the Board of County Commissioners Meeting Room,
Third Floor, Collier Government Center, 3299 Tamiami Trail East,
Naples, FL, to consider the enactment of a County Ordinance.
The meeting will commence at 9:00 A.M. The title of the pro-
posed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2019-01, AS AMENDED, THE FLOODPLAIN MANAGEMENT ORDI-
NANCE, TO PROVIDE CRITERIA FOR ACCESSORY STRUCTURES
AND AGRICULTURAL STRUCTURES IN FLOOD HAZARD AREAS;
TO SPECIFY ELEVATION OF MANUFACTURED HOMES IN FLOOD
HAZARD AREAS; PROVIDING FOR APPLICABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PRO-
VIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to
the Board and is available for inspection. All interested parties
are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited
to 3 minutes on any item. The selection of any individual to
speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or or-
ganization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in pre-
sentations before the Board will become a permanent part of
the record.
As part of an ongoing initiative to encourage public involve-
ment, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceed-
ing. Individuals who would like to participate remotely should
register through the link provided within the specific
event/meeting entry on the Calendar of Events on the County
website at www.colliercountyfl.gov/visitors/calendar-of-events
after the agenda is posted on the County website. Registration
should be done in advance of the public meeting or any dead-
line specified within the public meeting notice. Individuals who
register will receive an email in advance of the public hearing
detailing how they can participate remotely in this meeting. Re-
mote participation is provided as a courtesy and is at the user's
risk. The County is not responsible for technical issues. For addi-
tional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.g
ov.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, locat-
ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L.MCDANIEL JR.,CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By: Ann Jennejohn,Deputy Clerk
(SEAL)
Pub:2/16/22 5103934
17A
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Tuesday, January 25, 2022 7:49 AM
To: RodriguezWanda; MasonChristopher; LangAshley
Subject: Amending Ordinance 2019-01 (3-8-22 BCC)
Attachments: OrderConf.pdf
Good Morvt.ivtg,
Please review the attached, scheduled
for publication ovt February 16, 202.2.
Thank you!
Ann JenneJotin
I3MR Sevtior Deputy Clerk II
00I oK„r Clerk to the Value Adjustment Board
Office: 239-252-s40 ,
Fax: 239-252-84os (if applicable)
Ataii-Jevui.ejokvt@CollierClerk.com
re.
x.,,. .4S^ Office of the Clerk of the Circuit Court
k"".“8.:y & Comptroller of Collier County
3299 Tawtiawti Trail, Suite *401
Naples, FL. 34112-5324
www.Coll ierClerk.cowt
Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>
Sent: Monday,January 24, 2022 5:03 PM
To: Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>
Subject: RE: 5103934 Amending Ordinance 2019-01
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Please find attached your order confirmation and proof of the ad.
Your ad is set to run in:
Naples Daily News on 2/16 $588.00
If you have any changes please email us back with the changes. If you have any questions regarding
this ad please call us at 1-844-254-5287 between the hours of 8:00 A.M. and 5:00 P.M. EST
When contacting us please reference your ad number in the subject field.
1 7 A
Ann P. Jennejohn
From: GMDFinancial <GMDFinancial@colliercountyfl.gov>
Sent: Tuesday, January 25, 2022 12:12 PM
To: RodriguezWanda;Ann P.Jennejohn
Cc: MasonChristopher; EdrevaRadoslava
Subject: RE: Amending Ordinance 2019-01 (3-8-22 BCC) - ad billing
Hi Wanda and Ann,
Please have Naples Daily News use Account # 323297 for the ad.
Warmest Regards,
Ashley Lang
Senior Management/Budget Analyst
Cote. County
Operations& Regulatory Management Division
We are committed to your success!
2800 North Horseshoe Drive
Naples, FL 34104
Office: 239.252.4150
gher
4.1
OOW&l COUNTY
„4 SINCE
From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Sent:Tuesday,January 25, 2022 8:03 AM
To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>
Cc: MasonChristopher<Christopher.Mason@colliercountyfl.gov>; LangAshley<Ashley.Lang@colliercountyfl.gov>
Subject: RE:Amending Ordinance 2019-01 (3-8-22 BCC) -ad billing
Ann,
I note on the proof the billing address is the county attorney's office. This ad should be billed to
Building Review & lnspection/GMD, PO# 4500212968. Thanks,
Wanda Rodriguez, MCP, CP.M
Office of the County Attorney
(239) 252-8400
From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>
Sent:Tuesday,January 25, 2022 7:49 AM
1
1 7 A
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Tuesday, January 25, 2022 8:05 AM
To: 'Gannett Legals Public Notices 4'
Subject: RE: 5103934 Amending Ordinance 2019-01
BEFORE proceeding, this notice needs to be billed
to the following:
This ad should be billed to Building Review & lnspection/GMD, PO# 4500212968. Thanks,
Please send avt updated billing street.
Thank you.
Ann Jenne,jotin
13MR Senior Deputy Clerk II
t,•.AT4.01 T Clerk to the Value Adjustment Hoard
Office: 23 9-252-8406
1.4
Fax: 239-252-8408 (if applicable)
Ann.Jennejohn@CollierClerk.cowt
`".,, , � Office of the Clerk of the Circuit Court
k "`�`` Cowtptroller of Collier County
3299 Tawtiavvti Trail, Suite #401
Naples, FL 34112-5324
www.CollierClerk.cowt
From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>
Sent: Monday,January 24, 2022 5:03 PM
To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>
Subject: RE: 5103934 Amending Ordinance 2019-01
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
1
1 7 A r ..
A. . '"apirs Battu News
PART OF THE USA TODAY NETWORK
BCC ENGINEERING ENVI
3299 TAMIAMI TRL E 700
NAPLES FL 34112-
Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
1303805 0005103934 $588.00 $0.00 $588.00 Invoice $0.00 $588.00
Sales Rep: knaysmi Order Taker: knaysmi Order Created 01/24/2022
Product #Ins Column Agate Lines Start Date End Date
NDN-Naples Daily News 1 2.00 168 02/16/2022 02/16/2022
NDN-naplesnews.com 1 2.00 168 02/16/2022 02/16/2022
*ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
17A
Text of Ad: 01/24/2022
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners (BCC) on March
8,2022, in the Board of County Commissioners Meeting Room,
Third Floor, Collier Government Center, 3299 Tamiami Trail East,
Naples, FL, to consider the enactment of a County Ordinance.
The meeting will commence at 9:00_A.M. The title of the pro-
posed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2019-01, AS AMENDED, THE FLOODPLAIN MANAGEMENT ORDI-
NANCE, TO PROVIDE CRITERIA FOR ACCESSORY STRUCTURES
AND AGRICULTURAL STRUCTURES IN FLOOD HAZARD AREAS;
TO SPECIFY ELEVATION OF MANUFACTURED HOMES IN FLOOD
HAZARD AREAS; PROVIDING FOR APPLICABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PRO-
VIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to
the Board and is available for inspection. All interested parties
are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited
to 3 minutes on any item. The selection of any individual to
speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or or-
ganization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in pre-
sentations before the Board will become a permanent part of
the record.
As part of an ongoing initiative to encourage public involve-
ment, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceed-
ing. Individuals who would like to participate remotely should
register through the link provided within the specific
event/meeting entry on the Calendar of Events on the County
website at www.colliercountyfl.gov/visitors/calendar-of-events
after the agenda is posted on the County website. Registration
should be done in advance of the public meeting or any dead-
line specified within the public meeting notice. Individuals who
register will receive an email in advance of the public hearing
detailing how they can participate remotely in this meeting. Re-
mote participation is provided as a courtesy and is at the user's
risk. The County is not responsible for technical issues. For addi-
tional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.g
ov.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, locat-
ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L.MCDANIEL JR.,CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By: Ann Jennejohn,Deputy Clerk
(SEAL)
Pub:2/16/22 5103934
i7A
Ann P. Jennejohn
From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Sent: Thursday, January 27, 2022 9:07 AM
To: Minutes and Records
Cc: MasonChristopher
Subject: approval of proof: Amending Ordinance 2019-01 (3-8-22 BCC)
Attachments: OrderConf.pdf; RE:Amending Ordinance 2019-01 (3-8-22 BCC)
Attorney approval is below, staff approval is attached, no outside approvers for this item. Thank you,
Wanda Rodriguez, MCP, CPM
Office of the County .Attorney
(239) 252-8400
From:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov>
Sent:Thursday,January 27, 2022 9:00 AM
To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>
Subject: FW: proof for approval: Amending Ordinance 2019-01 (3-8-22 BCC)
Approved. Thank you!
H-eidL Ashtok.-Ccleo
MaviagZ. g AssLstakt Coi.0 tlu. Attorvtie�
office of the Couvttu/tttorvLeu
2800 North htorseskoe Drive, suite 301
Naples, FL 34104
(235) 252-2773
From: RodriguezWanda <Wanda.Rodriguez@colliercountvfl.gov>
Sent:Thursday,January 27, 2022 8:58 AM
To:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov>
Cc:CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov>
Subject: re: proof for approval: Amending Ordinance 2019-01 (3-8-22 BCC)
Heidi,
I don't think I've heard back from you on this one yet.
'Wanda Rodriguez, MCP, CPM
Office of the County Attorney
(239) 252-8400
i
17A
Ann P. Jennejohn
From: MasonChristopher <Christopher.Mason@colliercountyfl.gov>
Sent: Tuesday,January 25, 2022 9:17 AM
To: RodriguezWanda
Cc: LangAshley
Subject: RE:Amending Ordinance 2019-01 (3-8-22 BCC)
Good Morning Wanda,
I have reviewed the revised add proof. All looks accurate. I approve.
Thank you!
Respectfully,
Christopher Mason, CFM
FEMA Floodplain Coordinator
ONG
CWr
per County
ER COUNTY
SINCE
Co
Growth Management Department
Building Review& Inspection Division
2800 North Horseshoe Drive, Naples, Florida 34104
Main: 239-252-2400; Direct: 239-252-2932
How are we doing?
The Building Plan Review and Inspection Division wants to hear from you!
Please take our online SURVEY.
We appreciate your feedback!
From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Sent:Tuesday,January 25, 2022 7:57 AM
To: MasonChristopher<Christopher.Mason@colliercountyfl.gov>
Cc: LangAshley<Ashley.Lang@colliercountyfl.gov>
Subject: re:Amending Ordinance 2019-01 (3-8-22 BCC)
Chris,
Please review the attached revised ad proof and advise if approved for publication. Thanks,
Wanda Rodriguez, MCP, CP�►�i
i
1 7 A
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday,January 27, 2022 9:21 AM
To: 'GWM-Erin GWM-Oettinger'
Subject: Ad 5103934 (Publication Feb 16. 2022)
Approved for publication.
Thank you For making that change
to the Billing Account Erin.
Have a great day!
Ann Jennejohn
13MR Senior Deputy Clerk II
Clerk to the value Adjustwevtt 13oard
Office: 239-252-8406
Fax: 239-252-8408 (if applicable)
Anin..JetAnejohin.@CollierClerk.com
Office of the Clerk of the Circuit Court & Comptroller of Collier County
3299 Tawtiawti Trail, Suite #401
Naples, FL 34112-5324
www.CollierClerk.cowt
Original Message
From: GWM-Erin GWM-Oettivtger <eoettivtger@gannett.covvt>
Sent: Tuesday, January 25, 2022 12:42 PM
To: Ann P. Jevtvtejohvt <Ann.Jennejohn@collierclerk.cowt>
Subject: Your AdOrder
External Message: Please use caution when opening attachments, clicking links, or replyivtg to this
message.
5103934 UPDATED
1
aii-76 17 A
Public Notices i Public Notices
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners (BCC) on March
8,2022, in the Board of County Commissioners Meeting Room,
Third Floor, Collier Government Center, 3299 Tamiami Trail East,
Naples, FL, to consider the enactment of a County Ordinance.
The meeting will commence at 9:00 A.M. The title of the pro-
posed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA AMENDING ORDINANCE NO.
2019-01, AS AMENDED, THE FLOODPLAIN MANAGEMENT ORDI-
NANCE, TO PROVIDE CRITERIA FOR ACCESSORY STRUCTURES
AND AGRICULTURAL STRUCTURES IN FLOOD HAZARD AREAS;
TO SPECIFY ELEVATION OF MANUFACTURED HOMES IN FLOOD D
HAZARD AREAS; PROVIDING FOR APPLICABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PRO- t-
VIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to m
the Board and is available for inspection. All interested parties
are invited to attend and be heard. e1
NOTE: All persons wishing to speak on any agenda item must 0
register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to
speak on behalf of an organization or group is encouraged. If m
recognized by the Chairman, a spokesperson for a group or or-
ganization may be allotted 10 minutes to speak on an item. Z
m
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum 0
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall -n
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in pre- co
sentations before the Board will become a permanent part of
the record.
As part of an ongoing initiative to encourage public involve-
ment, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceed- cn
ing. Individuals who would like to participate remotely should
register through the link provided within the specific 0
event/meeting entry on the Calendar of Events on the County r,
website at www.colliercountyfl.gov/visitors/calendar-of-events
after the agenda is posted on the County website. Registration •—
should be done in advance of the public meeting or any dead-
line specified within the public meeting notice. Individuals who
register will receive an email in advance of the public hearing
detailing how they can participate remotely in this meeting. Re-
mote participation is provided as a courtesy and is at the user's
risk.The County is not responsible for technical issues. For addi-
• tional information about the meeting, please call Geoffrey
Vvillig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.g
ov.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
• If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, locat-
ed at 3335 Tamiami Trail East,Suite 101, Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L.MCDANIEL JR.,CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By: Ann Jennejohn,Deputy Clerk
(SEAL)
Pub:2/16/22 5103934
a
. 4r 1 7 A
Iat1j Aritt,4.1
PART OF THE USA TODAY NETWORK
Published Daily
Naples, FL 34110
BCC ENGINEERING ENVI
3299 TAMIAMI TRL E 700
NAPLES, FL 34112
ATTN
Affidavit of Publication
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned they serve as the authority,
personally appeared who on oath says that they serve
as legal clerk of the Naples Daily News, a daily
newspaper published at Naples,in Collier County,Florida;
distributed in Collier and Lee counties of Florida;that the
attached copy of the advertising was published in said
newspaper on dates listed. Affiant further says that the
said Naples Daily News is a newspaper published at
Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published
in said Collier County, Florida; distributed in Collier and
Lee counties of Florida,each day and has been entered
as second class mail matter at the post office in Naples,
in said Collier County, Florida , for a period of one year
next preceding the first publication of the attached copy
of advertisement and affiant further says that he has
neither paid nor promised any person, or corporation
any discount, rebate, commission or refund for the
purpose of securing this advertisement for publication in
the said newspaper.
2/16/2022
Subscribed and sworn to before on February 16th,2022
Notary tale of WI uounty rown
My commissi n pires 5LLLLLL///,,
NANCY HEYRMAN
Notary Public
PUBLICATION COST: $588.00 State of Wisconsin
AD NO: 0005103934
CUSTOMER NO: 1303805
PO#: PUBLIC HEARING
AD SIZE: 2COL X 84LINES
I 7 A
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners(BCC)on March
8, 2022, in the Board of County Commissioners Meeting Room.
Third Floor, Collier Government Center. 3299 Tamiami Trail East.
Naples. FL, to consider the enactment of a County Ordinance.
The meeting will commence at 9:00 A.M.The title of the pro-
posed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2019-01,AS AMENDED,THE FLOODPLAIN MANAGEMENT ORDI-
NANCE, TO PROVIDE CRITERIA FOR ACCESSORY STRUCTURES
AND AGRICULTURAL STRUCTURES IN FLOOD HAZARD AREAS;
TO SPECIFY ELEVATION OF MANUFACTURED HOMES IN FLOOD
HAZARD AREAS; PROVIDING FOR APPLICABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;PRO-
VIDING FOR CONFLICT AND SEVERABILITY;AND PROVIDING FOR
AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to
the Board and is available for inspection. All interested parties
are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County Manager prior to presentation of the
agenda item to be addressed.Individual speakers will be limited
to 3 minutes on any item. The selection of any individual to
speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or or-
ganization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing.All materials used in pre-
sentations before the Board will become a permanent part of
the record.
As part of an ongoing initiative to encourage public involve-
ment, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceed-
ing. Individuals who would like to participate remotely should
register through the link provided within the specific
event/meeting entry on the Calendar of Events on the County
website at www.colliercountyfl.gov/visitors/calendar-of-events
after the agenda is posted on the County website. Registration
should be done in advance of the public meeting or any dead-
line specified within the public meeting notice. Individuals who
register will receive an email in advance of the public hearing
detailing how they can participate remotely in this meeting.Re-
mote participation is provided as a courtesy and is at the user's
risk.The County is not responsible for technical issues For addi-
tional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.g
ov.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based
If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance Please
contact the Collier County Facilities Management Division.locat-
ed at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112.5356,
(239)252.8380, at least two days prior to the meeting Assisted
listening devices for the hearing impaired are available in the
Board of County Commissioners Office
17A
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L.MCDANIEL JR.,CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By: Ann Jennejohn,Deputy Clerk
(SEAL)
Pub:2/16/22 5103934
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP II 7 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP McS 3 (1
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alreadye complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office _1
4. BCC Office Board of County
Commissioners W/h by IQ/4 3//4/2 .
5. Minutes and Records Clerk of Court's Office if\
Ykokl 311t\aoaa-it Xactillt
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Christopher Mason/Building Review and Phone Number 252-2932
Contact/Department Inspection
Agenda Date Item was March 8,2022 Agenda Item Number 17A
Approved by the BCC
Type of Document Ordinance Number of Original 1
Attached c,W)�� Documents Attached
PO number or account 4500212968
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? Sh•np NA
2. Does the document need to be sent to another agency for additional signatures? If yea, NA
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be CM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the CM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip CM
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on_3-8-22_and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County A �� an option for
Attorney's Office has reviewed the changes, if applicable. \ this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 7 A
ORDINANCE NO. 2022 - 07
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2019-01, AS AMENDED, THE FLOODPLAIN MANAGEMENT
ORDINANCE, TO PROVIDE CRITERIA FOR ACCESSORY
STRUCTURES AND AGRICULTURAL STRUCTURES IN FLOOD
HAZARD AREAS; TO SPECIFY ELEVATION OF
MANUFACTURED HOMES IN FLOOD HAZARD AREAS;
PROVIDING FOR APPLICABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, safety, and general welfare of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public,including flood damage prevention
requirements; and
WHEREAS, on January 8, 2019, the Board adopted Ordinance No. 2019-01, the
Floodplain Management Ordinance, which was amended on September 14, 2021 by Ordinance
No. 2021-29.
'WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104-
008-03 Floodplain Management Requirements for Agricultural Structures and Accessory
Structures; and
WHEREAS, the Board has determined it appropriate to adopt regulations that are
consistent with the FEMA Policy to allow issuance of permits for wet floodproofed accessory
structures that are not larger than the sizes specified in the FEMA Policy and to grant variances
for certain agricultural structures to be wet floodproofed; and
WHEREAS, Collier County participates in the National Flood Insurance Program and
participates in the NFIP's Community Rating System, a voluntary incentive program that
recognizes and encourages community floodplain management activities that exceed the minimum
program requirements, achieving a CRS rating of Class 5; and
WHEREAS, in 2020 the NFIP Community Rating System established certain minimum
prerequisites for communities to qualify for or maintain class ratings of Class 8 or better and to
satisfy the prerequisite and for Collier County to maintain the current CRS rating,all manufactured
homes installed or replaced in special flood hazard areas must be elevated such that the lowest
floors are at or above at least the base flood elevation plus 1 foot, which necessitates modification
of the existing requirements; and
[21-IPR-00024/1688282/1]48 Text underlined is added;text struck gh is deleted.
12-17-21 Page 1 of 15
1 ? A
WHEREAS, the Board determined that it is in the public interest to amend the floodplain
management regulations to better protect owners and occupants of manufactured homes and to
continue participating in the Community Rating System at the current class rating.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION 2 OF ORDINANCE NO. 2019-01, AS
AMENDED
Section 2 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
SECTION 2: DEFINITIONS AND ACRONYMS.
Unless otherwise expressly stated,the following words, terms, and acronyms shall, for the
purposes of this ordinance, have the meanings shown in this section. Where terms are not defined
in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings
ascribed to them in that code. Where terms are not defined in this ordinance or the Florida Building
Code, such terms shall have ordinarily accepted meanings such as the context implies.
Accessory structure. A structure on the sameparcel of property as a principal structure and the
use of which is incidental to the use of the principal structure. For floodplain management
purposes, the term includes only accessory structures used for parking and storage.
Agricultural structure. For floodplain management purposes,a walled and roofed structure used
exclusively for agricultural purposes or uses in connection with the production,harvesting,storage,
raising, or drying of agricultural commodities and livestock, including aquatic organisms.
Structures that house tools or equipment used in connection with these purposes or uses are also
considered to have agricultural purposes or uses.
*******************************
for which the construction of faci4itie b >^t ' t "hich them of a h
final it d' the p of concrete pads\
*******************************
[21-IPR-00024/1688282/1148 Text underlined is added;text struck through is deleted. Page 2 of 15
12-17-21
7A
Market value. T1, Y 1, l Y Y rty will ah change ands twee„ willing buyer
and a willing seller, neither party bcin_ . crtry - -A and both having
market The value of buildings and structures, excluding the land and other improvements on
the parcel. Market value may be established by a qualified independent appraiser, is the
Actual Cash Value (in-kind replacement cost depreciated for age, wear and tear, neglect, and
quality of construction) determined by a qualified independent appraiser, or tax assessment
value adjusted to approximate market value by a factor provided by the Property Appraiser.
National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a
reference for establishing varying elevations within the Floodplain. Elevation information
based upon NGVD and used for Floodplain management purposes prior to March 14, 2011,
may continue to be used provided there is also converted elevation information based upon
NAVD.After March 14,2011,all elevation information submitted with a development permit
shall utilize NAVD.
New construction. For the purposes of administration of this ordinance and the flood-
resistant construction requirements of the Florida Building Code, structures for which the
start of construction commenced on or after September 4, 1979, and includes any subsequent
improvements to such structures.
New manufactured home par k or-sCrbdiyisio A f ct„ erl ho ^rk yr subdi< ision
September 1, 1979.
SECTION TWO: AMENDMENT TO SECTION 7 OF ORDINANCE NO. 2019-01, AS
AMENDED
Section 7 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
SECTION 7 - SITE PLANS AND CONSTRUCTION DOCUMENTS.
A. Information for Development in Flood Hazard Areas. The Floodplain Administrator is
authorized to waive the submission of site plans, construction documents, and other data that
are required by this ordinance but that are not required to be prepared by a registered design
professional if it is found that the nature of the proposed development is such that the review
of such submissions is not necessary to ascertain compliance with this ordinance. The site
plan or construction documents for any development subject to the requirements of this
ordinance shall be drawn to scale and shall include, as applicable to the proposed
development:
*******************************
[21-IPR-00024/1688282/1]48 Text underlined is added;text struck through is deleted. Page 3 of 15
12-17-21
! 7A
(4) Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas and Coastal A Zones,new buildings
shall be located landward of the reach of mean high tide.
*******************************
C. Additional Analyses and Certifications. As applicable to the location and nature of the
proposed development activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a Florida licensed engineer
for submission with the site plan and construction documents:
*******************************
(4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard
areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the
proposed alteration will not increase the potential for flood damage.
*******************************
SECTION THREE: AMENDMENT TO SECTION 9 OF ORDINANCE NO. 2019-01, AS
AMENDED
Section 9 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
SECTION 9 - VARIANCES AND APPEALS.
A. Variances and appeals; In General. Requests for variances and requests for appeals shall be
processed in accordance with this section. Requests for variances and appeals shall be
accompanied with the fee specified in the Growth Management Department, Development
Services Fee Schedule.
(1) The Office of the Hearing Examiner(or the Planning Commission if the Hearing Examiner
is not available ) shall
hear requests for variances from the strict application of requirements of this ordinance
and which are not requirements of the Florida Building Code, in accordance with Land
Development Code section 10.09.00.
(2) Pursuant to F.S. § 553.73(5), the Board of Building Adjustments and Appeals shall hear
and decide on requests for appeals and requests for variances from the strict application
of the flood-resistant construction requirements of the Florida Building Code. This
section does not apply to Section 3109 of the Florida Building Code, Building.
B. Limitations on Authority to Grant Variances. The Office of the Hearing Examiner (or the
Planning Commission if the Hearing Examiner is not available whomever is appointed by the
and the Board of Building Adjustments and Appeals, as
applicable, shall base its decisions on variances on technical justifications submitted by
applicants,the considerations for issuance in Section 9, F of this ordinance, the conditions of
issuance set forth in Section 9, G of this ordinance, and the comments and recommendations
of the Floodplain Administrator and the Building Official. The Office of the Hearing
Examiner(or the Planning Commission if the Hearing Examiner is not available whomever is
[21-IPR-00024/1688282/1148 Text underlined is added;text struck through is deleted. Page 4 of 15
12-17-21
I 7 A
appointed by the Board of County Commissioners) and the Board of Building Adjustments
and Appeals, as applicable, has the right to attach such conditions as it deems necessary to
further the purposes and objectives of this ordinance and the Florida Building Code, as
applicable.
C. Restrictions in Floodways. A variance shall not be issued by the Office of the Hearing
Examiner(or the Planning Commission if the Hearing Examiner is not available)or the Board
of Building Adjustments and Appeals, as applicable, for any proposed development in a
floodway if any increase in base flood elevations would result, as evidenced by the applicable
analyses and certifications required in Section 7, C of this ordinance.
D. Historic Buildings. A variance is authorized to be issued by the Board of Building
Adjustments and Appeals for the repair, improvement, or rehabilitation of a historic building
that is determined eligible for the exception to the flood-resistant construction requirements
of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a
determination that the proposed repair, improvement, or rehabilitation will not preclude the
building's continued designation as a historic building and the variance is the minimum
necessary to preserve the historic character and design of the building. If the proposed work
precludes the building's continued designation as a historic building, a variance shall not be
granted and the building and any repair, improvement, and rehabilitation shall be subject to
the requirements of the Florida Building Code.
E. Functionally Dependent Uses. A variance is authorized to be issued by the Board of Building
Adjustments and Appeals for the construction or substantial improvement necessary for the
conduct of a functionally dependent use, as defined in this ordinance, provided the variance
meets the requirements of Section 9, C of this ordinance, is the minimum necessary
considering the flood hazard, and all due consideration has been given to use of methods and
materials that minimize flood damage during occurrence of the base flood.
F. Considerations for Issuance of Variances. In making a determination under Section 9, G of
this ordinance, the Office of the Hearing Examiner (or the Planning Commission if the
Hearing Examiner is not available whomever is appointed by the Board of County
Commissioners) and the Board of Building Adjustments and Appeals, as applicable, shall
consider all technical evaluations, all relevant factors, all other applicable provisions of the
Florida Building Code, this ordinance, and the following:
(1) The danger that materials and debris may be swept onto other lands resulting in further
injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents,to flood damage and
the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the community;
(5) The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated
development;
[21-IPR-00024/1688282/1148 Text underlined is added;text *^u^' ugli is deleted.
12-17-21 Page 5 of 15
IPA
(7) The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
(9) The expected heights,velocity, duration, rate of rise and debris and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site; and
(10) The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, streets and bridges.
G. Conditions for Issuance of Variances. Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this ordinance or the required elevation standards;
(2) Determination by the Office of the Hearing Examiner(or the Planning Commission if the
Hearing Examiner is not available tented—by th Roard of County
Commissioners)and the Board of Building Adjustments and Appeals, as applicable,that:
(a) Failure to grant the variance would result in exceptional hardship due to the physical
characteristics of the land that render the lot undevelopable; increased costs to satisfy
the requirements or inconvenience do not constitute hardship;
(b) The granting of a variance will not result in increased flood heights,additional threats
to public safety, extraordinary public expense, nor create nuisances, cause fraud on
or victimization of the public or conflict with existing local laws and ordinances; and
(c) The variance is the minimum necessary,considering the flood hazard,to afford relief.
(3) Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court in such a manner that it appears in the
chain of title of the affected parcel of land; and
(4) If the request is for a variance to allow construction of the lowest floor of a new building,
or substantial improvement of a building, below the required elevation, a copy in the
record of a written notice from the Floodplain Administrator to the applicant for the
variance, specifying the difference between the base flood elevation and the proposed
elevation of the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resulting from the reduced floor elevation (up to
amounts as high as $25 for $100 of insurance coverage), and stating that construction
below the base flood elevation increases risks to life and property.
H. Agricultural structures. A variance is authorized to be issued by the Board of Building
Adjustments and Appeals for the construction or substantial improvement of agricultural structures
provided the requirements of this section are satisfied and:
(1) A determination has been made that the proposed agricultural structure:
(a) Is used exclusively in connection with the production, harvesting, storage,
raising, or drying of agricultural commodities and livestock, or storage of tools or
equipment used in connection with these purposes or uses, and will be restricted to
[21-IPR-00024/1688282/1]48 Text underlined is added;text struck through is deleted. Page 6 of 15
12-17-21
$ 7 A
such exclusive uses;
(b) Has low damage potential (amount of physical damage, contents damage, and
loss of function);
(c) Does not increase risks and pose a danger to public health, safety, and welfare
if flooded and contents are released, including but not limited to the effects of
flooding on manure storage, livestock confinement operations, liquified natural gas
terminals, and production and storage of highly volatile, toxic, or water-reactive
materials;
(d) Is not located in a coastal high hazard area(Zone V/VE), except for aquaculture
structures dependent on close proximity to water; and
(e) Complies with the wet floodproofing construction requirements of paragraph
(2), below.
(2) Wet floodproofing construction requirements.
(a) Anchored to resist flotation, collapse, and lateral movement;
(b) When enclosed by walls, walls have flood openings that comply with the flood
opening requirements of ASCE 24, Chapter 2;
(c) Flood damage-resistant materials are used below the base flood elevation plus
one (1) foot; and
(d) Mechanical, electrical, and utility equipment, including plumbing fixtures, are
elevated above the base flood elevation plus one (1) foot.
Certain at-grade accessory structures. A request for a variance is authorized to be heard
and decided by the Growth Management Department Head or designee for the construction or
substantial improvement of at-grade accessory structures located in special flood hazard areas
(zone A/AE) other than coastal high hazard areas that are larger than the size limits specified in
Section 12, C, provided the requirements of this section are satisfied, the accessory structures are
used only for parking or storage, and the accessory structures:
(1) Represent minimal investment and has low damage potential;
(2) Are one story and not larger than 1,200 square feet in size, and have flood openings in
accordance with Section R322.2 of the Florida Building Code, Residential;
(3) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads;
and
(4) Have flood damage-resistant materials used below the base flood elevation plus one (1)
foot.
(5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated
to or above the base flood elevation plus one (1) foot.
J. H. Requests for Appeals. The Office of the Hearing Examiner (or the Planning Commission
if the Hearing Examiner is not available whomever is appointed by the Board of County
Commissioners) or the Board of Building Adjustments and Appeals, as applicable, shall hear
[21-IPR-00024/1688282/1]48 Text underlined is added;text struck through is deleted. Page 7 of IS
12-17-21
7 A
and decide on requests for appeals when it is alleged there is an error in any requirement,
decision, or determination made by the Floodplain Administrator in the administration and
enforcement of this ordinance.
K. I:Process for Decisions and Appeal of Decisions of the Office of the Hearing Examiner. All
decisions of the Hearing Examiner (or the Planning Commission if the Hearing Examiner is
not available)and the Board of Building Adjustments and Appeals,as applicable,arising from
Section 9 of this ordinance will be delivered or mailed by the Hearing Examiner to all parties
of record, the County Attorney, and the County Manager. Any party, including the County,
may appeal the decision to the Board of Zoning Appeals within the time frame and in the
manner provided by the Rules of Procedure, as described in Ordinance No. 2013-25, Section
4, as amended. Failing a timely appeal, the decision of the Hearing Examiner will be
considered final in all respects. Appeals shall be heard de novo by the Board of Zoning
Appeals in the manner proscribed in the LDC. In reaching its decision, the Board of Zoning
Appeals may adopt or deny, in whole or in part, the decision of the Hearing Examiner.
SECTION FOUR: AMENDMENT TO SECTION 12 OF ORDINANCE NO. 2019-01, AS
AMENDED.
Section 12 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
SECTION 12 —BUILDING AND STRUCTURES
*******************************
C. Detached accessory structures. Detached accessory structures used only for parking or storage
that are not elevated (garages, tool sheds, storage buildings, steel ISO 10'-20'-40' storage
containers, etc.) may be positioned on the ground or a slab, properly vented, and adequately
anchored to withstand wind and buoyancy f or red to piers below the base flood
elevation provided:
(1) If located in special flood hazard areas (Zone A/AE) other than coastal high hazard
areas and Coastal A Zones, are one-story and not larger than 600 sq. ft. and have flood
openings in accordance with Section R322.2 of the Florida Building Code, Residential;
(2) If located in coastal high hazard areas (Zone V/VE) and Coastal A Zones, are not
located below elevated buildings and are not larger than 100 sq. ft.;
(3) Are anchored to resist flotation, collapse or lateral movement resulting from flood
loads;
(4)Have flood damage-resistant materials used below the base flood elevation plus one(1)
foot;
(5) Have mechanical, plumbing and electrical systems, including plumbing fixtures,
elevated to or above the base flood elevation plus one (1) foot; and
[21-IPR-00024/1688282/1148 Text underlined is added;text struck through is deleted. Page 8 of 15
12-17-21
1 7 A
(6) A property owner must provide a signed Declaration of Land Restriction (Non-
conversion agreement) prior to the issuance of the certificate of completion for detached
accessory structures that are not elevated and are greater than 120 square feet.
D. Design and construction of nonresidential farm buildings on farms. Pursuant to Section 6, C
of this ordinance, nonresidential farm buildings on farms that are exempt from the Florida
Building Code, including substantial improvement or repair of substantial damage of such
buildings, shall be designed and constructed in accordance with the flood load and flood-
resistant construction requirements of ASCE 24. If required to be elevated in accordance with
ASCE 24, nonresidential farm buildings on farms shall be elevated to or above the base flood
elevation unless granted a variance pursuant to Section 9 for wet floodproofing in accordance
with Section 9, H. Structures exempt from the Florida Building Code that are not walled and
roofed buildings shall comply with the requirements of Section 18 of this ordinance.
E. Permanently-mounted air-conditioners, generators, and other exterior mechanical
equipment. When installed with new construction or replaced as part of substantial
improvement or repair of substantial damage, permanently-mounted air-conditioners,
generators, and other exterior mechanical equipment shall be elevated to or above the
elevation required by the Florida Building Code - Residential Sec. R322.1.6 or Florida
Building Code - Building, Sec. 1612 (ASCE 24), as applicable. When not part of substantial
improvement or repair of substantial damage, new or replacement of permanently-mounted
air-conditioners, generators, and exterior mechanical equipment shall be elevated to or above
the BFE or the lowest floor elevation of the building served, whichever is lower. When-net
Residential Sec. R322.1.6 or Florida Building Code Building, Sec. 1612 (ASCE 21), as
applicable.
F. Pool Equipment. When installed with new construction or new equipment is installed for an
existing pool, pool equipment shall be elevated to or above the elevation required by the
Florida Building Code, Residential R322.1.6 or Florida Building Code, Building, Sec. 1612
(ASCE 24), as applicable. �xn- ' n r tape sti
Where pool equipment is installed to replace existing pool equipment,the new pool equipment
shall be elevated to or above the elevation of the existing pool equipment. In cases where the
elevation of pool equipment will hinder access for repair and maintenance, a letter may be
submitted by the pool contractor to the building official demonstrating that the equipment can
be installed to resist flood forces and is GFI protected per the National Electric Code (NEC)
2014, 680.21(C), as may be amended from time to time.
*******************************
SECTION FIVE: AMENDMENT TO SECTION 14 OF ORDINANCE NO. 2019-01, AS
AMENDED.
Section 14 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
[21-IPR-00024/1688282/1]48 Text underlined is added;text struck through is deleted. Page 9 of 15
12-17-21
I7A
SECTION 14—SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
*******************************
F. Limitations on Sites in Coastal High Hazard Areas (Zone V) and Coastal A Zones. In coastal
high hazard areas and Coastal A Zones, alteration of sand dunes and mangrove stands shall
be permitted only if such alteration is approved by the Florida Department of Environmental
Protection and only if the engineering analysis required by Section 7, C(1) (§ 62-75.C(4)) of
this ordinance demonstrates that the proposed alteration will not increase the potential for
flood damage. Construction or restoration of dunes under or around elevated buildings and
structures shall comply with Section 18, H(3) of this ordinance.
SECTION SIX: AMENDMENT TO SECTION 15 OF ORDINANCE NO. 2019-01, AS
AMENDED.
Section 15 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
SECTION 15—MANUFACTURED HOMES
A. General. All manufactured homes installed in flood hazard areas shall be installed by an
installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements
of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located seaward of the
coastal construction control line, all manufactured homes shall comply with the more
restrictive of the applicable requirements.
B. Foundations. All new manufactured homes and replacement manufactured homes installed in
flood hazard areas shall be installed on permanent foundations that:
(1) In flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A Zones,
are designed in accordance with the foundation requirements of the Florida Building
Code, Residential Section R322.2 and this ordinance. Foundations for manufactured
homes subject to Section 15,F(§
(2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation
requirements of the Florida Building Code, Residential Section R322.3 and this
ordinance.
C. Anchoring. All new manufactured homes and replacement manufactured homes shall be
installed using methods and practices which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This anchoring requirement is in addition to applicable state and local
anchoring requirements for wind resistance.
D. Elevation. All manufactured homes that are placed, replaced, or substantially improved in
flood hazard areas shall be elevated such that the lowest floor is at or above the elevation
required, as applicable to the flood hazard area, in the Florida Building Code,
Residential Section R322.2 (Zone A) or R322.3 (Zone V and Coastal A Zone). Manufactured
[21-IPR-00024/1688282/1148 Text underlined is added;text t ^' -t rouugh is deleted.
12-17-21 Page 10 of 15
I7A
or 15, F (§§ 62 83.E or F) of this ordinance, as applicable.
E. General Elevation Requirement. Unless subject to the requirements of Section 15, F (§ 62
83.F) of this ordinance, all manufactured homes that are placed, replaced, or substantially
home ^rk or subdivi inn +' 7'
t- � � 5 uuuiuvz
elevated--sueli-that-the-lowest floor is at or above the elevation required, as applicable to the
flood'hazard--arse FlefidaB ding—G demential Section R322.2 (Zone A) or
Section R322.3 (Zone V).
F. Elevation Requirement for Certain Existing Manufactured Home Parks and Subdivisions.
>\�ran f ctured home a e nott-s je o Se on 15, E( 62 8� }of this-order
including manuf ctu- d h that arc placed, replaced, or substantially improved on sites
(1) Lowest Floor of the manufactured home is at or above the elevation required, as
applicable to the flood hazard ar a, in the Florida Building Code, Residential Section
R322- 2 (Zone n) Section R322.3 (Zone V); or
(2) Bottom of the frame is supported by reinforced piers or other foundation elements of at
least equivalent strength that are not less than 36 inches in height above grade.
E. G€1, Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code, Residential Section R322 for such enclosed areas,
as applicable to the flood hazard area.
F. 14 Utility Equipment. Utility equipment that serves manufactured homes, including electric,
heating, ventilation, plumbing, and air conditioning equipment, and other service facilities,
shall comply with the requirements of the Florida Building Code, Residential Section R322,
as applicable to the flood hazard area. Replacement of permanently-mounted air-conditioning
equipment, generators, and exterior mechanical equipment shall comply with Section 12, E(§
62-80.E)of this ordinance.
G. L.—Permits Required for Additions, Attachments, Improvements and Repair of Manufactured
Homes. Building permits are required for additions, attachments, improvements and repair of
damage by any cause to manufactured homes. Any addition or attachment that is structurally
connected to the manufactured home or is freestanding shall be constructed to meet the Florida
Building Code,as may be amended from time to time.The design of an addition or attachment
shall use the current wind criteria for the zone.
(1) An addition or attachment shall only be allowed where a manufactured home was
constructed with a host beam by the manufacturer in order to provide the necessary
structural support for the connection between the two structures. For manufactured homes
that were not constructed by the manufacturer to support additions or attachments
connected to them, the addition or attachment shall be freestanding, other than flashing
required for weather-tightness.
[21-IPR-00024/1688282/1]48 Text underlined is added;text struck through is deleted.
12-17-21 Page 11 of 15
I7A
(2) Applications for repair of structural components of a manufactured home shall include
letters from a registered design professional or a mobile home inspector that states the
structure is in compliance with the applicable Manufactured Home Construction and
Safety Standards, developed by HUD, in place at the time of assembly.
SECTION SEVEN: AMENDMENT TO SECTION 17 OF ORDINANCE NO. 2019-01, AS
AMENDED.
Section 17 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
SECTION 17 - TANKS
A. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to prevent
flotation, collapse or lateral movement resulting from hydro-dynamic and hydrostatic loads
during conditions of the design flood, including the effects of buoyancy assuming the tank is
empty.
B. Above-Ground Tanks, Not Elevated. Above-ground tanks that do not meet the elevation
requirements of Section 17, C of this ordinance shall:
(1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and
Coastal A Zones, provided the tanks are anchored or otherwise designed and constructed
to prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy
assuming the tank is empty and the effects of flood-borne debris.
(2) Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones.
C. Above-Ground Tanks, Elevated. Above-ground tanks in flood hazard areas shall be elevated
to or above the design flood elevation and attached to a supporting structure that is designed
to prevent flotation,collapse or lateral movement during conditions of the design flood. Tank-
supporting structures shall meet the foundation requirements of the applicable flood hazard
area.
D. Tank Inlets and Vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design flood;
and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
SECTION EIGHT: AMENDMENT TO SECTION 18 OF ORDINANCE NO. 2019-01, AS
AMENDED.
Section 18 of Ordinance No. 2019-01, as amended, is hereby amended to read as follows:
[21-IPR-00024/1688282/1]48 Text underlined is added;text struckgh is deleted.
12-17-21 Page 12 of 15
1 7 A
SECTION 18—OTHER DEVELOPMENT
*******************************
E. Concrete Slabs Used as Parking Pads, Enclosure Floors, Landings, Decks, Walkways, Patios
and Similar Nonstructural Uses in Coastal High Hazard Areas (Zone V)and Coastal A Zones.
In coastal high hazard areas and Coastal A Zones, concrete slabs used as parking pads,
enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are
permitted beneath or adjacent to buildings and structures provided the concrete slabs are
designed and constructed to be:
(1) Structurally independent of the foundation system of the building or structure;
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four (4) inches.
F. Decks and Patios in Coastal High Hazard Areas (Zone V) and Coastal A Zones. In addition
to the requirements of the Florida Building Code, in coastal high hazard areas and Coastal A
Zones decks and patios shall be located, designed, and constructed in compliance with the
following:
(1) A deck that is structurally attached to a building or structure shall have the bottom of the
lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed
to accommodate any increased loads resulting from the attached deck.
(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to the building or structure or to adjacent buildings
and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepared by a qualified registered design professional
demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that
would increase damage to the building or structure or to adjacent buildings and structures.
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave runup and wave
reflection.
G. Other Development in Coastal High Hazard Areas (Zone V) and Coastal A Zones. In coastal
high hazard areas and Coastal A Zones, development activities other than buildings and
structures shall be permitted only if also authorized by the appropriate federal, state or local
authority; if located outside the footprint of, and not structurally attached to, buildings and
structures; and if analyses prepared by qualified registered design professionals demonstrate
[21-IPR-00024/1688282/1]48 Text underlined is added;text struck-through is deleted.
12-17-21 Page 13 of 15
17A
no harmful diversion of floodwaters or wave runup and wave reflection that would increase
damage to adjacent buildings and structures. Such other development activities include but
are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and
constructed to fail under flood conditions less than the design flood or otherwise function
to avoid obstruction of floodwaters; and
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
H. Nonstructural Fill in Coastal High Hazard Areas (Zone V) and Coastal A Zones. In coastal
high hazard areas and Coastal A Zones:
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
(3) Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification
of the diversion of floodwater or wave runup and wave reflection if the scale and location
of the dune work is consistent with local beach-dune morphology and the vertical
clearance is maintained between the top of the sand dune and the lowest horizontal
structural member of the building.
SECTION NINE: 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 TEN 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.
[21-IPR-00024/1688282/1]48 Text underlined is added;text struck through is deleted.
12-17-21 Page 14 of 15
I7A
SECTION ELEVEN: 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 TWELVE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED ANDULY ADORED by the Board of County Commissioners of Collier
County, Florida, this ` day of ,,�� �,;-ck , 2022.
ATTEST: • BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL;CLERK COLLIER C013 ORIDA
By: By. 0.44
Attest as to Ghainn e
iuty OOP W' iam L. McDaniel, Jr., C airman
signature one
Approved as to form and legality:
L
eidi Ashton-Cicko
Managing Assistant County Attorney
This ordinance filed with the
Secretory of at�e,,�s�,Off'ce the
I Flay of 1 Dv~
and ocknowiedgemeritof thatY
filing received,,1' this J
of yv1 , c20 ?-.
By newly call
[21-IPR-00024/1688282/1]48 Text underlined is added;text struck through is deleted.
12-17-21 Page 15 of 15
,,,, ! 7 A
_.,:�=
.,...4:0
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
March 11, 2022
Ms. Martha S. Vergara, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2022-07, which was filed in this office on March 11,
2022.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270