Agenda 01/23/2024 Item #16A 1 (Directing staff to bring back an Ordinance amending LDC pertaining to mobile homes)01/23/2024
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise and bring back an Ordinance amending the Land Development
Code to clarify the regulations pertaining to mobile homes located in the coastal high hazard area and to
remove duplicative floodplain protection regulations that are codified in the Collier County Code of Laws of
Ordinances or with the Florida Building Code.
OBJECTIVE: To direct staff to advertise and bring back an Ordinance amending the Land Development Code
(LDC) to clarify the regulations pertaining to mobile homes located in the coastal high hazard area and to remove
duplicative floodplain protection regulations that are codified in the Collier County Code of Laws of Ordinances or
with the Florida Building Code.
CONSIDERATIONS: The National Flood Insurance Program (NFIP) is managed by the Federal Emergency
Management Agency (FEMA) to provide “insurance to help reduce the socio -economic impact of floods.” As of
August 2023, there are currently 22,642 communities participating in the NFIP nationwide, including 468 in
Florida. Collier County has been participating in the NFIP since 1979, which is when the County first adopted a
flood damage prevention ordinance (Ord. 79-62). Subsequent repeals and amendments to the ordinance occurred in
1985, 1986, 1987, 1990, and 2005.
The Florida Division of Emergency Management (FDEM) serves as the State Coordinating Agency for the NFIP
and works with communities to ensure that local floodplain ordinances either meet or exceed the minimum
requirements of the NFIP. In 2010, the FDEM drafted a model ordinance to provide guidance to local jurisdictions
throughout the State of Florida to assist in adopting the State’s higher regulatory standards. In 2011, the Board
voted to repeal the County’s flood damage prevention ordinance (Ord. 86-28) and adopt a new ordinance (Ord.
2011-07) to ensure greater consistency between the County regulations and the State of Florida Model Flood
Damage Prevention Ordinance. The new County regulations were then amended twice in 2012 and repealed in
2019 to adopt (to the extent applicable) the regulations and policies set forth in the new and revised State of Florida
Model Flood Damage Prevention Ordinance.
In 2021, RCQuinn Consulting, Inc., a consultant working on behalf of the FDEM, contacted the County regarding
the County’s floodplain provisions in the LDC and advised staff to remove any provisions that were either
duplicative or in conflict with the flood damage prevention provisions in Chapter 62 of the Code of L aws and
Ordinance. The FDEM initiated this recommendation to amend the LDC because FEMA had determined that it can
be problematic for a jurisdiction to have multiple regulatory instruments governing the same subject matter. As
such, this LDC amendment represents the implementation of the collaborative effort between staff and the FDEM
to further designate Chapter 62 of the Code of Laws and Ordinances as the main repository for “flood” regulations.
In addition to removing duplication, this LDC amendment also proposes to help clarify the provisions related to
mobile homes and recreational vehicles (in LDC section 2.03.09). The proposed text was recommended by
RCQuinn Consulting, Inc., which is working on behalf of FDEM.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: With no public
opposition, on January 4, 2024, the CCPC unanimously recommended approval of the LDC amendment, contingent
upon relocating the proposed text below into Chapter 62 of the Code of Laws and Ordinances:
“If the repair, reconstruction, or improvement of the streets, utilities, and pads equals or exceeds 50 percent
of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement has
commenced, existing mobile homes shall not be required to comply with the requirements of Chapter 62 of
the Code of Laws and Ordinances unless those homes are substantially improved or substantially
damaged.”
FISCAL IMPACT: There are no anticipated fiscal impacts to the County, except for the cost of advertising a n
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01/23/2024
ordinance amending the LDC. The cost associated with advertising the Ordinance is estimated at $1,008.00. Funds
are available within the Unincorporated Area General Fund (1011) and Zoning & Land Development Cost Center
(138319).
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority for Board
approval. (HFAC)
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
RECOMMENDATION: To direct staff to advertise and bring back an Ordinance amending the LDC for a public
hearing.
Prepared by: Eric L. Johnson, AICP, CFM, LDC Planning Manager, Zoning Division
ATTACHMENT(S)
1. PL20230014143 - Flood Updates LDCA (01-05-2023) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 27357
Item Summary: Recommendation to direct staff to advertise and bring back an Ordinance amending the Land
Development Code to clarify the regulations pertaining to mobile homes located in the coastal high hazard area and
to remove duplicative floodplain protection regulations that are codified in the Collier County Code of Laws of
Ordinances or with the Florida Building Code.
Meeting Date: 01/23/2024
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
12/13/2023 11:09 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
12/13/2023 11:09 AM
Approved By:
Review:
Zoning Mike Bosi Division Director Completed 12/14/2023 11:56 AM
Growth Management Community Development Department Evelyn Trimino Department review Completed
12/15/2023 11:50 AM
Building Plan Review & Inspections Christopher Mason Additional Reviewer Completed 12/19/2023 2:47 PM
Growth Management Community Development Department James C French Growth Management Completed
12/21/2023 1:48 PM
Transportation Management Operations Support David Merino Additional Reviewer Skipped
12/26/2023 5:03 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 12/27/2023 8:53 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 01/16/2024 2:14 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/16/2024 2:17 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/16/2024 3:09 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/16/2024 4:17 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 01/16/2024 5:49 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/23/2024 9:00 AM
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20230014143
SUMMARY OF AMENDMENT:
This amendment eliminates the f loodplain management provisions from the
Land Development Code (LDC) that are duplicative to the flood provisions
in Chapter 62 of the Collier County Code of Laws and Ordinances (Code of
Laws) or the Florida Building Code.
ORIGIN
Growth Management
Community Department
(GMCD)
HEARING DATES LDC SECTIONS TO BE AMENDED
Board 01/23/2024 1.08.01
1.08.02
2.03.03
3.02.01
3.02.02
3.02.03
3.02.04
3.02.05
3.02.06
3.02.07
3.02.08
3.02.09
3.02.10
3.04.02
3.05.07
3.07.02
4.01.01
4.02.11
4.02.14
4.02.16
9.04.05
10.04.04
Abbreviations
Definitions
Commercial Zoning Districts
Findings of Fact
Purpose
Applicability
Exemptions
Basis for Establishing the Areas of Special Flood Hazard
General Standards for Flood Hazard Reduction
Specific Standards for Construction Within Coastal High Hazard
Areas
Regulations Within the Floodways
Regulations for Mobile Homes and Recreational Vehicles
Standards for Subdivision Plats
Species Specific Requirements
Preservation Standards
Interim Watershed Regulations
Elevation Requirements for All Developments
Design Standards for Hurricane Shelters Wi thin Mobile Home
Rental Parks
Design Standards for Development in the ST and ACSC -ST
Districts
Design Standards for Development in the Bayshore Gateway
Triangle Community Redevelopment Area
Specific Requirements for Variances to Flood Hazard Protection
Requirements
Applications Subject to Type III Review
CCPC 01/04/2024
COLLIER COUNTY PLANNING COMMISION (CCPC) RECOMMENDATION
Approved with recommendation
BACKGROUND
The National Flood Insurance Program (NFIP) is managed by the Federal Emergency Management Agency
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(FEMA) to provide “insurance to help reduce the socio -economic impact of floods.” As of August 2023, there
are currently 22,642 communities participating in the NFIP nationwide, including 468 in Florida. Collier County
has been participating in the NFIP since 1979, which is when the County first adopted a flood damage prevention
ordinance (Ord. 79-62). Subsequent repeals and amendments to the ordinance occur red in 1985, 1986, 1987,
1990, and 2005.
The Florida Division of Emergency Management (FDEM) serves as the State Coordinating Agency for the NFIP
and works with communities to ensure that local floodplain ordinances either meet or exceed the minimum
requirements of the NFIP. In 2010, the FDEM drafted a model ordinance, to provide guidance to local
jurisdictions throughout the State of Florida to assist in adopting the State’s higher regulatory standards. In 2011,
the Board voted to repeal the County’s flood damage prevention ordinance (Ord. 86 -28) and adopt a new
ordinance (Ord. 2011-07) to ensure greater consistency between the County regulations and the State of Florida
Model Flood Damage Prevention Ordinance. The new County regulations were then ame nded twice in 2012 and
repealed in 2019 to adopt (to the extent applicable) the regulations and policies set forth in the new and revised
State of Florida Model Flood Damage Prevention Ordinance.
In 2021, RCQuinn Consulting, Inc., a consultant working on behalf of the FDEM, contacted the County regarding
the County’s floodplain provisions in the LDC and advised staff to remove any provisions that were either
duplicative or in conflict with the flood damage prevent ion provisions in Chapter 62 of the Code of Laws and
Ordinance. This recommendation to amend the LDC was initiated by the FDEM, because FEMA had determined
that it can be problematic for a jurisdiction to have multiple regulatory instruments governing the same subject
matter. As such, t his LDC amendment represents the implementation of the collaborative effort between staff
and the FDEM to further designate Chapter 62 of the Code of Laws and Ordinances as the main repository for
“flood” regulations. In addition to removing duplicat ion, this LDC amendment also proposes to help clarify the
provisions related to mobile homes and recreational vehicles (in LDC section 2.03.09). The proposed text was
recommended by the RCQuinn Consulting, Inc., who is working on behalf of FDEM.
CCPC Recommendation: On January 4, 2024, the CCPC recommended approval of the LDC amendment,
contingent upon relocating the proposed text below into Chapter 62 of the Code of Laws and Ordinances:
“If the repair, reconstruction, or improvement of the streets, utilities, and pads equals or exceeds 50 percent of the
value of the streets, utilities, and pads before the repair, reconstruction, or improvement has commenced, existing
mobile homes shall not be required to comply with the requirements of Chapter 62 of the Code of Laws and
Ordinances unless those homes are substantially improved or substantially damaged.”
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal impacts to the
County, except for the cost of advertising an
ordinance amending the LDC and Code of
Laws and Ordinances.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) Letter from FDEM
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Amend the LDC as follows:
1
1.08.01 – Abbreviations 2
3
* * * * * * * * * * * * * 4
5
FIHS Florida Interstate Highway System
FIRM Flood Insurance Rate Map
FIS Flood insurance study
FISH Florida Inventory of School Houses
6
* * * * * * * * * * * * * 7
8
1.08.02 – Definitions 9
10
* * * * * * * * * * * * * 11
12
Area of environmental sensitivity: An area where environmental quality may be highly 13
susceptible to degradation and where alteration may cause predictable losses of natural 14
resources. 15
16
Area of special flood hazard: The area/land in the flood plain within a community subject 17
to a one percent or greater chance of flooding in any given year. These areas are designated on 18
the Flood Insurance Rate Map. 19
20
Arterial road or street: A roadway providing service which is relatively continuous and of 21
relatively high traffic volume, long trip length, and high operating speed. In addition, every United 22
States numbered highway is an arterial road. See Figure 1. 23
24
* * * * * * * * * * * * * 25
26
Awning: Temporary canvas or other material covering extending from and attached to the 27
facade of a building, without ground supports. 28
29
Base flood elevation: A flood elevation having a one percent chance of being equaled or 30
exceeded in any given year. 31
32
Beach: The zone of unconsolidated material that extends landward from the mean low 33
water line to the place where there is marked change in material or physiographic form, or to the 34
line of permanent vegetation, usually the effective limit of storm waves. 35
36
* * * * * * * * * * * * * 37
38
Bonus credit: A unit representing the right to increase the density or intensity of 39
development within a Rural Village to an extent equal to that achieved through TDR Credits, up 40
to the minimum required density. [sec. 2.03.08 A.2.b.(3)(b)] 41
42
Breakaway wall: A wall that is not part of the structural support of the building and is 43
intended through its design and construction to collapse under specific lateral loading forces 44
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without causing damage to the elevated portion of the building or the su pporting foundations 1
system. 2
3
Buffer (also, landscape buffer): Land or a combination of land and vegetation for the 4
separation of 1 use from another and the alleviation of adverse effects of 1 use to another. 5
6
* * * * * * * * * * * * * 7
8
Cluster development: A design technique allowed within residential zoning districts or 9
where residential development is an allowable use. This form of development employs a more 10
compact arrangement of dwelling units by allowing for, or requiring as the case may be, reducti ons 11
in the standard or typical lot size and yard requirements of the applicable zoning district, in order 12
to: increase common open space; reduce the overall development area; reduce alterations and 13
impacts to natural resources on the site; to preserve additional native vegetation and habitat 14
areas; and, to reduce the cost of providing services, including but not limited to central sewer and 15
water. 16
17
Coastal high hazard areas: The evacuation zone for a Category 1 hurricane as may be 18
established in the regional hurricane evacuation study applicable to the local government. For 19
floodplain management purposes, the term is defined in Chapter 62 of the Collier County Code 20
of Laws and Ordinances. 21
22
Coastal zone: Refers to all land and territorial waters west of SLOSH zone 1 line 23
(approximately U.S. 41, for most of the county), including water and submerged lands of oceanic 24
water bodies or estuarine water bodies; shorelines adjacent to oceanic waters or estuaries; 25
coastal barriers; living marine resources; marine wetlands; water-dependent facilities or water-26
related facilities on oceanic or estuarine waters; or public access facilities to oceanic beaches or 27
estuarine shorelines; and all lands adjacent to such occurrences where development activities 28
would impact the integrity or quality of the above. 29
30
* * * * * * * * * * * * * 31
32
Fire station services, ancillary: Fire protection activities imperative to carry out the 33
purposes of a government establishment primarily engaged in firefighting, such as fire training 34
camps, but which is not required to be located at a fire station for that fire station to serve its 35
function. However, services designed to repair any firefighting equipment is not an ancillary fire 36
station service. 37
38
Flood: A general and temporary condition of partial or complete inundation of normally dry 39
land area from the overflow of inland or tidal waters or the unusual and rapid accumulation or 40
runoff of surface waters from any source. 41
42
Flood elevation determination: A determination by the County Manager or designee of the 43
water surface elevations of the base flood, that is, the flood level that has a one percent or greater 44
chance of occurrence in any given year. 45
46
Flood insurance rate map (FIRM): An official map of Collier County, Florida, on which the 47
County Manager or designee has delineated both the special hazard areas and the risk premium 48
zone applicable to the community. 49
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Flood insurance study (FIS): The official report provided in which the Federal Emergency 2
Management Agency (FEMA) has provided flood profiles, as well as the Flood Insurance Rate 3
Maps and the water surface elevation of the base flood. 4
5
Flood plain: Area inundated during a 100-year flood event or identified by the National 6
Flood Insurance Program as a special flood hazard area an A Zone or V Zone on Flood Insurance 7
Rate Maps or Flood Hazard Boundary Maps. 8
9
Flood prone area: Any land area susceptible to being inundated by water from any source 10
(see definition of "flood"). 11
12
Floodway: The channel of a river or other watercourse and the adjacent land areas that 13
must be reserved in order to discharge the base flood without cumulatively increasing the water 14
surface elevation more than one foot. 15
16
Floor area: The sum of the gross horizontal areas of the several floors of a building 17
measured from the exterior faces of the exterior walls or from the centerline of common walls 18
separating 2 buildings, excluding attic areas with a headroom of less than 7 feet, enclosed or 19
unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air 20
conditioning, ventilating or heating or other building machinery and equipment, parking structures, 21
and crawl space where the ceiling is not more than an average of 48 inches above the g eneral 22
finished grade level of the adjacent portion of the lot, except as may be otherwise indicated in 23
relation to particular districts and uses. 24
25
* * * * * * * * * * * * * 26
27
Subdivision: The division of land, whether improved or unimproved, into 3 or more 28
contiguous lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land any of which 29
do not equal or exceed 10 acres, for the purpose, whether immediate or future, of transfer of 30
ownership or development; or any division of land if the extension of an existing street or the 31
establishment of a new street is involved to provide access to the land. The term includes 32
resubdivision, the division of land into 3 or more horizontal condominium parcels or horizontal 33
cooperative parcels, and the division or development of residential or nonresidential zoned land, 34
whether by deed, metes and bounds description, devise, intestacy, map, plat, horizontal 35
condominium parcels, horizontal cooperative parcels, or other recorded instrument, and, when 36
appropriate to the context, means the process of subdividing or to the lands or areas subdivided. 37
38
Substantial damage: Damage of any origin sustained by a structure whereby the cos t of 39
restoring the structure to its before damaged condition would equal or exceed 50 percent of the 40
market value of the structure before the damage occurred. 41
42
Substantial improvement: Any reconstruction, rehabilitation, addition, or other 43
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value 44
of the structure before the start of construction of the improvement, this term includes structures 45
which have incurred "substantial damage", regardless of the actual repair wor k performed. The 46
term does not, however, include any project for improvement of a structure to correct existing 47
violations of state or local health, sanitary, or safety code specifications which have been identified 48
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by the local code enforcement official and which are the minimum necessary to assure safe living 1
conditions; or any alteration of a historic structure. 2
3
Take or Taking: A parcel of land or a lot or portion thereof, or parcels or lots in combination 4
or a portion thereof, that Collier County (or other governmental agency with eminent domain 5
powers), or a private party or parties under agreement with Collier County or other government 6
entity, has acquired or proposes to acquire for public use, whether by fee simple title or by 7
easement, regardless of whether that acquisition occurs through dedication, condemnation, 8
purchase, gift, or some similar manner. 9
10
* * * * * * * * * * * * * 11
# # # # # # # # # # # # # 12
13
2.03.03 – Commercial Zoning Districts 14
15
* * * * * * * * * * * * * 16
17
F. Travel Trailer-Recreational Vehicle Campground District (TTRVC). 18
19
* * * * * * * * * * * * * 20
21
2. The following uses are permissible by right, or as accessory or conditional uses 22
within the travel trailer-recreational vehicle campground district (TTRVC). 23
24
* * * * * * * * * * * * * 25
26
c. Conditional uses. The following uses are permissible as conditional uses 27
in the travel trailer recreational vehicle campground district (TTRVC), 28
subject to the standards and procedures established in LDC section 29
10.08.00: 30
31
1. Camping cabins subject to the following standards: 32
33
* * * * * * * * * * * * * 34
35
x. If camping cabins are to be located in a flood hazard zone 36
as delineated on the most recent flood insurance rate maps, 37
all requirements of Chapter 62 of the Code of Laws and 38
Ordinances and Florida Building Code Section 3.02.00 of 39
this LDC must be met. 40
41
* * * * * * * * * * * * * 42
43
3. Plan approval requirements. Layout plans for a TTRVC park shall be submitted to 44
the County Manager or designee and construction shall be in accordance with 45
approved plans and specifications and further subject to the provisions of site 46
development plans in section 10.02.03. Such plans shall meet the requirements of 47
this district and shall show, at a minimum, those items identified herein. 48
49
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* * * * * * * * * * * * * 1
2
10. Flood program requirements. All travel trailers, park model travel trailers, 3
recreational vehicles and accessory structures shall comply with the current Collier 4
County Flood Damage Prevention Ordinance [Code ch. 62, art. II] if permanently 5
attached to the ground or utility facilities. 6
7
* * * * * * * * * * * * * 8
# # # # # # # # # # # # # 9
10
3.02.00 – FLOODPLAIN PROTECTION 11
12
3.02.01 – Reserved Findings of Fact 13
14
A. The flood hazard areas of the County are subject to periodic inundation, which could result 15
in loss of life, property damage, health, and safety hazards, disruption of commerce and 16
governmental services, extraordinary public expenditures for flood protection and relief, 17
and impairment of the tax base, all of which could adversely affect the public h ealth, safety, 18
and general welfare. 19
20
B. These flood losses are caused by the cumulative effect of obstructions in flood plains 21
causing increases in flood heights and velocities, and by the occupancy in flood hazard 22
areas by structures vulnerable to floods or hazardous to the lands which are inadequately 23
elevated, floodproofed, or otherwise inadequately protected from flood damages. 24
25
3.02.02 – Reserved Purpose 26
27
It is the purpose of this section to promote the public health, safety, and general welfare, 28
and to minimize public and private losses due to flood conditions in specific areas by provisions 29
designed: 30
31
A. To protect human life and health; 32
33
B. To minimize expenditure of public money for costly and environmentally unsound flood 34
control projects; 35
36
C. To minimize the need for rescue and relief efforts associated with flooding and generally 37
undertaken at the expense of the general public; 38
39
D. To minimize prolonged business interruptions; 40
41
E. To minimize damage to public facilities and utilities, such as water and gas mains, electric, 42
telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 43
44
F. To help maintain a stable tax base by providing for the sound use an d development of 45
flood prone areas in such a manner as to minimize future flood blight areas; 46
47
G. To ensure, to the greatest degree possible, that potential home buyers are notified that 48
property is in an area of special flood hazard; and 49
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1
H. To ensure that those who occupy the areas of special flood hazard assume responsibilities 2
for their actions. 3
4
3.02.03 – Reserved Applicability 5
6
This section shall apply to all areas of special flood hazard in the unincorporated area of the 7
County, and identified by the Federal Insurance Administration in its flood insurance rate map 8
(FIRM), dated November 17, 2005, and any revisions thereto. 9
10
(Ord. No. 08-08, § 3.D) 11
12
3.02.04 – Reserved Exemptions 13
14
Mobile homes to be placed in an existing mobile home park shall be exempt from the 15
requirements of this section, provided such mobile home park is not expanded or undergoes 16
substantial improvement as defined herein. 17
18
3.02.05 – Reserved Basis for Establishing the Areas of Special Flood Hazard 19
20
The areas of special flood hazard, are identified by the Federal Insurance Administration, in a 21
scientific and engineering report entitled "The flood insurance study" for the County's 22
unincorporated area, dated June 3, 1986, with accompanying FIRM, dated Novem ber 17, 2005, 23
The flood insurance study and accompanying FIRM shall be on file and be open for public 24
inspection in the office of the Clerk to the BCC located in Building "F", Collier County Courthouse, 25
3301 Tamiami Trail, East, Naples, Florida 34112. 26
27
(Ord. No. 08-08, § 3.E) 28
29
3.02.06 – Reserved General Standards for Flood Hazard Reduction 30
31
In all areas of special flood hazards, the following provisions are required: 32
33
A. All new construction and substantial improvements shall be anchored to prevent flotation, 34
collapse, or lateral movement of the structure. 35
36
B. New construction and substantial improvements in the A Zones may be built on 37
unconstrained, but compacted, fill, if in compliance with the Collier County Building Code 38
Ordinance. No significant water is permitted to flow from the subject premises onto 39
abutting properties or into adjoining waters which are not County -approved drainage 40
system(s). 41
42
C. Residential Construction - new construction or substantial improvement of any residenti al 43
structure shall have the lowest floor elevated to or above the base flood elevation. 44
45
D. Non-residential Construction - new construction and substantial improvements of non-46
residential structures shall have the lowest floor (including basement) elevated to or above 47
the base flood level or, together with the attendant utility and sanitary facil ities, be 48
designed so that, below the base flood level, the structure is essentially waterproofed with 49
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walls substantially impermeable to the passage of water and with structural components 1
having the capability of resisting hydrostatic and hydrodynamic loads and effects of 2
buoyancy. Floodproofing is prohibited in the velocity (V) zones. The property owners shall 3
provide a certification by a registered professional engineer or registered professional 4
architect that the design standards of this section are s atisfied. 5
6
E. All new construction and substantial improvements shall be constructed with electrical, 7
heating, ventilation, plumbing, air conditioning equipment, and other service facilities that 8
are designed and/or located so as to prevent water from entering or accumulating within 9
the components during conditions of flooding. 10
11
F. All new construction or substantial improvements shall be constructed by methods and 12
practices that will minimize flood damage. 13
14
G. Openings - all new construction and substantial improvements with fully enclosed areas 15
below the lowest floor that are subject to flooding shall be designed to automatically 16
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of 17
floodwaters. Designs for meeting this requirement must either be certified by a registered 18
professional engineer or architect, or meet or exceed the following minimum criteria: a 19
minimum of two (2) openings having a total net area of not less than one (1) square inch 20
for every square foot of enclosed area subject to flooding shall be provided. The bottom 21
of all openings shall be no higher than one (1) foot above the level of the floor they are to 22
service. Openings may be equipped with screens, louvers, valves, or other coverings or 23
devices, provided that they permit the automatic entry and exit of floodwaters. 24
25
H. All new and replacement water supply systems shall be designed to minimize or eliminate 26
infiltration of flood waters into the system. 27
28
I. New and replacement sanitary sewage systems shall be designed to minimize or eliminate 29
inflow of flood waters into the systems and discharges from the systems into flood waters. 30
31
J. On-site waste disposal systems (including septic tanks) shall be designed and/or located 32
to minimize or eliminate impairment to, or contamination from, them during flooding. 33
34
K. Emergency generators for standpipe systems, in accordance with the requirements of the 35
Collier County Building Code or other applicable County Ordinances, must be located 36
above the base flood elevation level, and all fuel tanks for said generators must be 37
waterproofed and vented above the base flood elevation level . 38
39
L. Electrical transformer and/or switching vaults, pad-mounted transformers, pad-mounted 40
switches, and related facilities shall be permitted as independent units below the minimum 41
flood elevation level. Such structures may be located within or outside a building, and are 42
not required to be waterproofed or constructed with breakaway walls, provided registered 43
professional engineer or registered professional architect certifies that they will not 44
adversely affect the structural integrity of the building in which they are located or any part 45
thereof. 46
47
M. All meter enclosures for self-contained electric kilowatt-hour meters serving buildings shall 48
be located above the base flood elevation. If complying with this regulation results in a 49
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vertical distance from finished grade to the center of the meter or meters of more than six 1
(6) feet, the meter enclosure shall be located on the outside o f an exterior wall with an 2
unobstructed and ready access from an open exterior stairway. When it is necessary to 3
use a stairway for access to a meter, the vertical distance from the tread of the stairway 4
to the center of the meter shall be four (4) to six (6) feet. The meter shall be placed in a 5
position that will not obstruct stairway traffic. On multi -unit buildings, meters and meter 6
Enclosures will be allowed within the building, provided they are above the base flood 7
elevation and located in meter rooms. 8
9
3.02.07 – Reserved Specific Standards for Construction Within Coastal High Hazard Areas 10
11
A. Coastal high hazard areas within the areas of special flood hazard have special flood 12
hazards associated with high velocity waters from tidal surge and hurricane wave wash. 13
Therefore, the following provisions shall apply: 14
15
1. All new construction and substantial improvements in the coastal high hazard area 16
shall be elevated on pilings and columns so that the bottom of the lowest horizontal 17
structural member of the lowest floor (excluding the pilings or columns) is elevated 18
to or above the base flood level; and the pile or column foundation and structure 19
attached thereto is anchored to resist flotation, collapse, and lateral movement due 20
to the effects of wind and water loads acting simultaneously on all building 21
components. Wind and water loading values shall each have a one (1) percent 22
chance of being equaled or exceeded in any given year (100 -year mean 23
recurrence interval). A registered professional engineer or architect shall develop 24
or review the structural design, specifications, and plans for the construction, and 25
shall certify that the design and methods of construction to be used are in 26
accordance with accepted standards of practice for meeting the provisions this 27
paragraph. 28
29
2. All new construction and substantial improvements within the coastal high hazard 30
area shall have the space below the lowest floor either free of obstruction or 31
constructed with non-supporting breakaway walls, open wood lattice-work, or 32
insect screening intended to collapse under wind and water loads without causing 33
collapse, displacement, or other structural damage to the elevated portion of the 34
building or supporting foundation system. For the purposes of this section, a 35
breakaway wall shall have a design safe loading resistance of not less than ten 36
(10) and no more than twenty (20), pounds per square foot. Use of breakaway 37
walls which exceed a design safe loading resistance of twenty (20) pounds per 38
square foot (either by design or when so required by local or State Codes) may be 39
permitted only if a registered professional engineer or architect certifies that the 40
design proposed meets the following conditions: 41
42
a. Breakaway wall collapse shall result from a water load less than that which 43
could occur during the base flood; and 44
45
b. The elevated portion of the building and supporting foundation system shall 46
not be subject to collapse, displacement, or other structural damage due to 47
the effects of wind on building components (structural and non-structural). 48
Maximum wind and water loading values to be used in this determination 49
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shall each have one (1) percent chance of being equaled or exceeded in 1
any given year (100-year mean recurrence interval). Such enclosed space 2
shall be usable solely for parking of vehicles, building access, or storage. 3
4
3. All swimming pools within the coastal high hazard area shall be anchored to a pile 5
or column foundation to resist flotation, collapse, and lateral movement due to the 6
effects of wind and water loads acting simultaneously on the pool. Exception: 7
above-ground pools, for the private use of one - or two-family dwellings that are 8
constructed with a vinyl liner as the main component. 9
10
4. It is prohibited to use fill for structural support of buildings within the coastal high 11
hazard area. It is prohibited to alter sand dunes and mangrove stands, within the 12
coastal high hazard area, if the County Manager or designee determines that such 13
alteration would increase potential flood damage. 14
15
3.02.08 – Reserved Regulations Within the Floodways 16
17
A. When floodways are designated within areas of special flood hazard, additional criteria 18
shall be met. Since the floodway is an extremely hazardous area due to the velocity of 19
flood waters, which carry debris, potential projectiles, and erosion potential, the following 20
provision shall apply: 21
22
1. Encroachments, including fill, new construction, substantial improvements and 23
other developments, are prohibited, unless the property owner provides a 24
certification by a professional registered engineer demonstrating that such 25
encroachments shall not result in a significant increase in flood levels during 26
occurrence of the base flood discharge. 27
28
3.02.09 - Regulations for Mobile Homes and Recreational Vehicles 29
30
A. No mobile home shall be placed in the coastal high hazard area, as depicted on the 31
county-wide Future Land Use Map, or in a floodway, except in an existing mobile home 32
park or existing mobile home subdivision, or land already zoned to allow mobile home 33
development. 34
35
B. All mobile homes placed, or substantially improved, on individual lots or parcels, in 36
expansions to existing mobile home parks or subdivisions, must meet all the requirements 37
for new construction, including elevation and anchoring. 38
39
BC. All mobile homes to be placed, or substantially improved, in an existing mobile home park 40
or subdivision must be elevated on a permanent foundation such that the lowest floor of 41
the mobile home complies with the minimum requirements of Chapter 62 of the Code of 42
Laws and Ordinances. is at or above the base flood elevation, and securely anchored to 43
an adequately anchored foundation system in accordance with the provisions of this LDC . 44
This paragraph applies to: 45
46
1. Mobile homes to be placed, or substantially improved, in an existing mobile home 47
park or subdivision. 48
49
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2. Mobile homes to be placed, or substantially improved, in an existing mobile home 1
park or subdivision, except where the repair, reconstruction, or improvement of the 2
streets, utilities, and pads equals or exceeds 50 percent of the value of the streets, 3
utilities, and pads before the repair, reconstruction, or improvement has 4
commenced. Existing mobile homes that are substantially improved will require 5
reinforced piers or other foundation elements that are no less than 36 inches in 6
height above grade, or have their lowest floor at or above the base flood elevation, 7
if this allows for use of a lower foundation. 8
9
3. Mobile homes in existing mobile home parks or subdivision s shall be elevated 36 10
inches above finished grade on reinforced piers when the repair, reconstruction, 11
or improvement of the streets, utilities, and pads equals or exceeds 50 percent of 12
the value of the streets, utilities, and pads before the repair, reco nstruction, or 13
improvement has commenced. 14
15
CD. Evacuation plans shall be included in applications for new manufactured home parks and 16
subdivisions, and for expansions to manufactured home parks and subdivisions, in flood 17
hazard areas. The County Manager or designee shall review and approve such 18
evacuation plans. All mobile home parks or subdivisions must develop, and have 19
approved by the County Manager or designee, a plan for evacuating the residents of 20
existing mobile home parks or subdivisions. 21
22
E. All recreational vehicles placed on sites within Zones Al -30, AH, and AE on the 23
community's FIRM shall either: 24
25
1. Be on the site for fewer than 180 consecutive days; 26
27
2. Be fully licensed and ready for highway use; or 28
29
3. Meet the permit requirements of this section, and the elevation and anchoring 30
requirements for "mobile homes" in accordance with this section. 31
32
F. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is 33
attached to the site only by quick disconnect type utilities and security devices, and has 34
no permanently attached additions. 35
36
3.02.10 – Reserved Standards for Subdivision Plats 37
38
A. All subdivision plats shall be consistent with the need to minimize flood damage. 39
40
B. All subdivision plats shall have public utilities and facilities, such as sewer, gas, electrical, 41
and water systems, located and constructed to minimize flood damage. 42
43
C. All subdivision plats shall have adequate drainage provided to reduce exposure to flood 44
hazards. 45
46
D. Base flood elevation data shall be shown on the Master Subdivision Plan. 47
48
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E. All final plats presented for approval shall clearly indicate the finished elevation of the 1
roads and the average finished elevation of the lots or homesite. All grades must be shown 2
in NAVD. 3
4
* * * * * * * * * * * * * 5
# # # # # # # # # # # # # 6
7
3.04.02 - Species Specific Requirements 8
9
B. Sea Turtle Protection. 10
11
* * * * * * * * * * * * * 12
13
5. It shall be unlawful, during the nesting season, to construct any structure, add any 14
fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting 15
zone of a beach where sea turtles nest or may nest, without obtaining a 16
construction in sea turtle nesting area permit from the County Manager or 17
designee. 18
19
* * * * * * * * * * * * * 20
21
e. Minor structures, as defined by Florida Statutes Subsection 161.055, of the 22
Coastal Zone Protection Act of 1985, shall be approved, provided that they 23
also comply with: 24
25
i. Chapter 62 of the Collier County Code of Laws and Ordinances. 26
Federal requirements for elevations above the 100-year flood level, 27
28
ii. Florida Building Code Collier County Building Code requirements 29
for flood proofing, 30
31
iii. Current building and life safety codes, 32
33
iii.iv. Collier County and State of Florida Department of Environmental 34
Protection CCSL/CCCL regulations, 35
36
iv. Applicable disability access regulations of the American Disability 37
Act (ADA), and 38
39
vi. Any required Collier County zoning and other development 40
regulations with the exception of existing density or intensity 41
requirements established, unless compliance with such zoning or 42
other development regulations would preclude reconstruction 43
otherwise intended by the Build back Policy as determined by the 44
Emergency Review Board established herein. 45
46
* * * * * * * * * * * * * 47
# # # # # # # # # # # # # 48
49
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3.05.07 – Preservation Standards 1
2
* * * * * * * * * * * * * 3
4
H. Preserve standards. 5
6
1. Design standards. 7
8
* * * * * * * * * * * * * 9
10
e. Created preserves. Although the primary intent of GMP CCME Policy 6.1.1 11
is to retain and protect existing native vegetation, there are situations where 12
the application of the retention requirements of this Policy is not possible. 13
In these cases, creation or restoration of vegetation to satisfy all or a portion 14
of the native vegetation retention requirements may be allowed. In keeping 15
with the intent of this policy, the preservation of native vegetation off site is 16
preferable over creation of preserves. Created Preserves shall be allowed 17
for parcels that cannot reasonably accommodate both the required on -site 18
preserve area and the proposed activity. 19
20
i. Applicability. Criteria for determining when a parcel cannot 21
reasonably accommodate both the required on-site preserve area 22
and the proposed activity include: 23
24
* * * * * * * * * * * * * 25
26
(b) Where the existing vegetation required by this policy is 27
located where proposed site improvements are to be 28
located and such improvements cannot be relocated as to 29
protect the existing native vegetation; 30
31
(c) To provide for flood plain compensation as required by the 32
LDC section 3.07.02. 33
* * * * * * * * * * * * * 34
# # # # # # # # # # # # # 35
36
3.07.02 – Interim Watershed Regulations 37
38
* * * * * * * * * * * * * 39
40
C. Floodplain storage compensation calculation shall be provided on a case by case basis, 41
based upon historical flooding and drainage problem area information, as determined by 42
staff, for developments within flood hazard areas established in Chapter 62 of the Collier 43
County Code of Laws and Ordinances the designated flood zones "A", "AE", and "VE" as 44
depicted on the Flood Insurance Rate Maps published by the Federal Emergency 45
Management Agency with an effective date of November 17, 2005. Floodplain storage 46
compensation calculations shall be provided on a case by case basis, based upon 47
historical flooding and drainage problem area information, as determined by staff, for 48
areas known to be periodically inundated by intense rainfall or sheetflow conditions. 49
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1
* * * * * * * * * * * * * 2
# # # # # # # # # # # # # 3
4
4.01.01 - Elevation Requirements for All Developments 5
6
The elevation of all building sites and public or private roadways included within a 7
subdivision or development for which a use other than conservation or recreation is proposed 8
shall be not less than such minimum elevations as adopted by the BCC, Florida Building Code, 9
Chapter 62 of the Code of Laws and Ordinances, FEMA/FIRM, or South Florida Water 10
Management District (SFWMD) criteria. All lawful regulations with reference to bulkhead lines, 11
saltwater barrier lines, and other appropriate regulations regarding land filling, conservation, 12
excavations, demolition, and related regulations shall be observed during the construction of any 13
improvements within Collier County. 14
15
# # # # # # # # # # # # # 16
17
4.02.11 - Design Standards for Hurricane Shelters Within Mobile Home Rental Parks 18
19
* * * * * * * * * * * * * 20
21
C. The design and construction of the required shelters shall be guided by the wind loads 22
applied to buildings and structures designated as "essential facilities" in the Florida 23
Building Code Standard Building Code/1988 edition, table 1205. 24
25
* * * * * * * * * * * * * 26
# # # # # # # # # # # # # 27
28
4.02.14 - Design Standards for Development in the ST and ACSC -ST Districts 29
30
* * * * * * * * * * * * * 31
32
C. Site alteration within the ACSC-ST. 33
34
* * * * * * * * * * * * * 35
36
11. Structure installation. 37
38
a. Placement of structures shall be accomplished in a manner that will not 39
adversely affect surface water flow or tidal action. 40
41
b. Minimum lowest floor elevation permitted for structures shall be at or above 42
the elevation required by the Florida Building Code 100-year flood level, as 43
established by the administrator of the federal flood Insurance 44
Administration. The construction of any structure in a flood hazard area 45
shall meet additional requirements of Chapter 62 of the Code of Laws and 46
Ordinances federal flood insurance land management and use criteria. 47
48
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c. This rule shall not apply to structures used or intended for use in connection 1
with the agricultural use of the land except as provided in Chapter 62 of the 2
Code of Laws and Ordinances. 3
4
* * * * * * * * * * * * * 5
# # # # # # # # # # # # # 6
7
4.02.16 - Design Standards for Development in the Bayshore Gateway Triangle Community 8
Redevelopment Area 9
10
* * * * * * * * * * * * * 11
12
C. Additional Standards for Specific Uses. Certain uses may be established, constructed, 13
continued, and/or expanded provided they meet certain mitigating standards specific to 14
their design and/or operation. These conditions ensure compatibility between land uses 15
and building types and minimize adverse impacts to surrounding properties. 16
17
* * * * * * * * * * * * * 18
19
2. Accessory Uses to Residential Structures. An accessory structure located on the 20
property and related to the primary residence (single-family detached only) for 21
uses which include, but are not limited to: library, studio, workshop, playroom, 22
screen enclosure, detached garage, swimming pool or guesthouse. 23
24
* * * * * * * * * * * * * 25
26
d. The guesthouse must be of new construction and must meet the 27
requirements of the Florida Building Code National Flood Insurance 28
Program (NFIP) first habitable floor elevation requirements . The 29
guesthouse may be above a garage or may be connected to the primary 30
residence by an enclosed breezeway or corridor not to exceed 8 feet in 31
width. 32
33
* * * * * * * * * * * * * 34
35
D. Building Types and Architectural Standards 36
37
* * * * * * * * * * * * * 38
39
4. Building Type: HOUSE. 40
41
* * * * * * * * * * * * * 42
43
c. Façade Requirements: 44
45
i. A maximum of two feet of fill shall be allowed on site s in flood 46
hazard areas to meet the elevation requirements of the Florida 47
Building Code towards meeting National Flood Insurance Program 48
(NFIP) requirements. Additional NFIP finished habitable lowest 49
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floor height requirements shall be accomplished through stem wall 1
construction. Stem walls shall be finished in material and color 2
complimentary to the principal structure. 3
4
ii. Open stilt-type construction is not permitted. On front yards, the 5
foundation area below the first floor must be treated with a solid 6
façade or lattice, which is consistent with the architectural style of 7
the building and the floodplain protection standards of the Florida 8
Building Code and Chapter 62 of the Code of Laws and Ordinances 9
section 3.02.00. 10
11
* * * * * * * * * * * * * 12
# # # # # # # # # # # # # 13
14
9.04.05 – Reserved. Specific Requirements for Variances to Flood Hazard Protection 15
Requirements 16
17
A. General requirements. 18
19
1. Variances shall only be issued upon a determination that the variance is the 20
minimum necessary, considering the flood hazard, to afford relief. 21
22
2. Variances shall only be issued upon: 23
24
a. A showing of good and sufficient cause. 25
26
b. A determination that failure to grant the variance would result in exceptional 27
hardship to the applicant. 28
29
c. A determination that the granting of a variance will not result in increased 30
flood heights, additional threats to public safety, extraordinary publi c 31
expense, create nuisances, cause fraud on or victimization of the public, or 32
conflict with existing local laws or ordinances. 33
34
3. In passing upon a variance, the Board of Zoning Appeals shall consider all 35
technical evaluations, all relevant factors, standards specified in other sections of 36
the LDC; and the following criteria: 37
38
a. The danger that materials may be swept onto other lands to the injury of 39
others; 40
41
b. The danger to life and property due to flooding or erosion damage; 42
43
c. The susceptibility of the proposed facility and its contents to flood damage 44
and the effect of such damage on the individual owner; 45
46
d. The importance of the services provided by the proposed facility to the 47
community; 48
49
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e. The necessity to the facility of a waterfront location, where applicable; 1
2
f. The availability of alternative locations, not subject to flooding or erosion 3
damage, for the proposed use; 4
5
g. The compatibility of the proposed use with existing and anticipated 6
development. 7
8
h. The relationship of the proposed use to the GMP and flood plain 9
management program for the area; 10
11
i. The safety of access to the property in times of flood for ordinary and 12
emergency vehicles; 13
14
j. The expected heights, velocity, duration, rate of rise, and sediment 15
transport of the flood waters and the effects of wave action, if applicable, 16
expected at the site; 17
18
k. The costs of providing governmental services during and after flood 19
conditions, including maintenance and repair of public utilities and facilities 20
such as sewer, gas, electrical, water systems, streets, and bridges, and; 21
22
l. Variances shall not be issued within any designated floodway if any 23
increase in flood levels during the base flood discharge would result. 24
25
m. Variances may be issued by a community for new construction and 26
substantial improvements and for other development necessary for the 27
conduct of a functionally dependent use provided that the criteria of (a) 28
through (l) of this section are met. 29
30
n. Generally, variances may be issued for new construction and substantial 31
improvements to be erected on a lot of one -half (½) acre or less in size 32
contiguous to and surrounded by lots with existing structures constructed 33
below the base flood level, providing items (a) through (l) have been fully 34
considered. 35
36
# # # # # # # # # # # # # 37
38
10.04.04 - Applications Subject to Type III Review 39
40
The following applications are subject to Type III review: Variances; Administrative Appeals; 41
Certificates of Appropriateness; conditional uses; nonconforming Use Amendments; Vested 42
Rights; flood Variances; Parking Agreements. 43
44
* * * * * * * * * * * * * 45
# # # # # # # # # # # # # 46
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