Ordinance 2022-07 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
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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 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.
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final site grading or the pouring of concrete pads).
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Market value. The price at which a property will change hands between a willing buyer
reasonable knowledge of relevant facts. As used in t ce, the term ref to the
mark-et 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.
are to be affixed (including at a minimum, the installation of tilities, the constr ctie of
September 4, 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:
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(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.
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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:
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(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.
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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 is appointcd by the Board of County Commissioners) 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
Board of County Commissioners) 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._
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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;
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(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 whomever is appointed by the Board 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
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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
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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. ',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
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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
a + ithstana ra na bu s ee „lerJ to 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
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(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
part of substantial improvement or repair of substantial damage, new or replacement
Residential Sec. R322.1.6 or Florida Building Code Building, Scc. 1612 (ASCE 24), 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. Where new pool equipment is installed on an existing pool, the
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.
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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:
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SECTION 14—SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
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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(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. Foundations for manufactured
homes subject to Section 15,F(§62 83.F)of this ordinance ^ ttea t^be reinforced
piers or other foundation elements of at least equivalent—strength,
(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
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homes that are placed, replaced, er substantially improved shall comply with Sections 15, E
or 15, F (§§ 62 83.E or F) of this ordinance, as applicable.
E. General Elevation Requirement. Unless subject to the requirements of Sectio '5, F (§ tie
83.F) of this ordinance, all manufactured homes that are placed, replaced, or substantially
improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a
new manufactured home park or subdivision; (c) in an expansion to an existing manufactured
home park or subdivision; or(d) in an existing manufactured home park or subdivision upon
which a manufactured home has incurred substantial damage as the result of a flood, shall be
fl^ ward area the Florida Building Code, Residential S ctien R322.2 (Zone A) or
Section R322.3 (Zone V).
F. Elevation Requirement for Certain Existing Manufactured Home Parks and Subdivisions.
Manufactured homes that are not subject to Section 15, E (§ 62 83.E) of this ordinance,
including manufactured homes 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 area, in the Florida Building Code, Residential Section
R322.2 (Zone A) or Section R322.3 (Zone V); or
(2) Bottom of the frame is supported by reinforces othe,. found tion elements f_at
1 t .+lent st, gth that ., of to th., 36 , ches_in ho ght b . o ado
E. G- 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. 1 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. 1Permits 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.
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(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:
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SECTION 18—OTHER DEVELOPMENT
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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
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.
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12-17-21 Page 14 of 15
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 l/�� a r-c k , 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEJJ CLERK COLLIER CO ' ORIDA
go.
By: _ . By:By:Ce.) a.�__.��►
G ,uty rfr W. 'iam L. McDaniel, Jr., C airman
Attest to Chairman: ;..
signature one'
Approved as to form and legality:
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kot,
eidi Ashton-Cicko
Managing Assistant County Attorney
This ordinance filed with the
Secretary of pt tee OEMs; v"
)
411day of E1
and acknowledgemer�tt that
ry
filing �received r
of L�:OA , .
By cleft
[21-IPR-00024/1688282/1148 Text underlined is added;text struck through is deleted.
12-17-21 Page 15 of 15
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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