Ordinance 87-080ORDINANCE NO. 87- 8Q
AN ORDINANCE A/~ENDING COLLIER COUNTY ORDINANCE'.
N(~'~'6-28, AN ORDINANCE RELATING TO FLOOD DAMAGE
P~ENTION; A~4ENDING SECTION 5, DEFINITIONS, T~_j
AD~'~HE FOLLOWING DEFINITIONS: "ADDITION (TO AN.
EX~.~bTING BUILDING)", "EXISTING MANUFACTURED HOME:
P.~,~ OR SUBDIVISION", EXPANSION TO AN EXISTING~'
~N~FACTURED HOME, PARK OR SUBDIVISION",
~ .~, UFACTURED HOME", "START OF CONSTRUCTION",
"V~. LATION", "V ZONE", "WATER SURFACE ELEVATION"
AN~TO DELETE DEFINITIONS OR PARTS OF DEFINITIONS
RELATING TO MOBILE HOMES; AMENDING SECTION 11 TO
ADD SUBSECTION THIRTEEN (13) RELATING TO METER
ENCLOSURES; AMENDING SECTION 12(i) ' TO DELETE
SUBPARAGRAPH (d) RELATING TO THE PROHIBITED
PLACEMENT OF MOBILE HOMES; AMENDING SECTION 14 TO
DELETE SUBPARAGRAPHS (2), (3) and (4), TO DELETE
REFERENCES TO "MOBILE" HOMES AND REPLACE WITH
"MANUFACTURED" HOMES AND TO ADD A NEW SUBSECTION
(2) RELATING TO THE PLACEMENT OF ~L~NUFACTURED
HOMES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County has adopted a Flood Damage
Prevention Ordinance in order to participate in the National
Flood Insurance Program (NFIP) which provides federal insurance
and assistance to communities having special flood hazards; and
WHEREAS, the Federal Emergency Management Agency (FEMA) has
proposed and adopted certain revisions to the Federal regulations
which require that NFIP communities revise their flood plain
management regulations to comply with the revised regulations;
and
WHEREAS, the revised regulations' became effective on
October 1, 1986, and it is required that Collier County amend its
flood plain regulations at the earliest possible date; and
9~EREAS, Collier County wishes to comply with the final rule
prox~ulgated by the Federal Emergency Management Agency and to
continue the County's participation in the National Flood
Insurance Program by the amendr..ont of the County's flood plain
management Ordinance in accordance with said Rule;
NOW THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida, that Collier County
Ordinance No. 86-28 is hereby amended as follows:
SECTION 1. Statutory Authorization
The Legislature of the State of Florida has in Chapter 125,
Florida Statutes, delegated the responsibility to local
governmental units to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry.
SECTION 2. Findings of Fact
(1) The flood hazard areas of Collier County are subject to
periodic inunda~i~ which could ~esult in loss of life,
property damage, health and safety, hazards, disruption
of commerce and governmental services, extraordinary
public expenditures for flood protection and relief,
and impairment of the tax base, all of which could
adversely affect the public health, safety and general
welfare.
(2) These flood losses are caused by the cumulative effect
of obstructions in flood plains causing increases in
flood heights and velocities, and by the occupancy in
flood hazard areas by structures vulnerable to floods
which are inadequately
otherwise inadequately
or hazardous to the lands
elevated, floodproofed, or
protected from flood damages.
SECTION 3. Statement of Purpose
It is the purpose of this ordinance to promote the public
health, safety and general welfare and to minimize public and
private losses due to flood conditions in specific areas by
provisions designed:
(1) To protect human life and health;
(2} To minimize expenditure of public money for costly and
environmentally unsound flood control projects;
(3) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
(4) To minimize prolonged business interruptions;
2
(5) To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in areas of
special flood hazard;
(6) To help maintain a stable tax base by providing for the
sound use and development of flood-prone areas in such
a manner as to minimize future flood blight areas;
(7) To insure to 'the greatest 'degree possible that
potential home buyers are notified~that property is in
an area of special flood hazard; and,
(8) To insure that those who occupy the areas of special
flood hazard assume responsibilities for their actions.
SECTION 4. Methods of Reducing Flood Losses
In order to accomplish its purposes, this ordinance includes
methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion
hazards, or which result in damaging increases in
erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
(3) Controlling the alteration of natural flood plains,
stream channels, and natural protective barriers, which
help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other
development which may increase flood damage; and,
(5) Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or
which may increase flood hazards in other areas.
SECTION 5. Definitions
Unless specifically defined below, words or phrases used in
this ordinance shall be interpreted so as to give them the
meaning they have in common usage and to give this ordinance its
most reasonable application.
"Administrator" means the Federal Insurance Administrator.
"Appeal" means a request for a review of the chief
Administrative Official's interpretation of any provision of this
ordinance.
"Addition (to an existing building)" means any walled and
roofed expansion to the perimeter of a building in which the
addition is connected by a common loadbearing wall other than a
fire wall required by the Standard Buildin~ Code. Any walled and
roofed addition which is connected by such~ fire wall or is
separated by independent perimeter load-bearing walls is new
construction.
"Area of special flood hazard" is the land in the flood
plain within a community subject to a one percent or greater
chance of ~looding in any given year. These areas are designated
on the Flood Insurance Rate Map (FIRM).
"Base flood" means the flood having a one percent chance of
being equalled or exceeded in any given year.
"Breakaway wall" means a wall that is not part of the
structural support of the building and is intended through its
design and construction to collapse under specific lateral
loading forces without causing damage to the elevated portion of
the building or the supporting foundations system.
"Building" means any structure containing one or more
enclosed areas, permanently affixed to the ground, built for
shelter or enclosure for any occupancy or storage.
"Chief Administrative Official" wherever used shall mean the
person or persons designated by the County Manager to be
responsible for the implementation and enforcement of this
ordinance.
"Coastal high hazard area", means the area subject to high
velocity waters including, but not limited to, hurricane storm
surge or wave action. The area is designated on the FIRM as ZONE
Vl-30 and VE or V.
"County" whenever used shall mean Collier County, Florida.
Words Underlined are added~ Words S~ue~-~h~u~h are deleted.
"Development" means any man-made change to improved or
unimproved real estate, including but not limited to buildings or
other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations.
"Enclosed Area" means a solidly roofed area with at least
2/3 of its perimeter composed of rigid walls.
"Development Permit" means any County permit which must be
approved by the County prior to proceeding with any
"Development".
"Pre-FIRM Construction" means structures for which the
"start of construction" commenced before September 14, 1979, the
effective date of Collier County's first FIRM.
"Existing M~B&~e Manufactured Home Park Or Subdivision"
m~=e-m~i~e-49x~me~-~-f~m-~ene manufactured home park for which
the construction of facilities for servicing the lot on which the
m~B&~e-%~zm~e-~-s manufactured homes are to be affixed (including,
at a minimum, the installation of utilities, either final site
grading or the pouring of concrete pads, and the construction of
streets) was completed before September 14, 1979=~ the effective
date of Collier County's first FIRM.
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"Existing Structure" means a structure for which the "start
of construction" co~enced before September 14, 1979, the
effective date of Collier County's first FI~.
"Expansion To An Existing M~b~e Manufactured Home Park Or
M~b~e-~ Subdivision" means the preparation of additional
sites by the construction of facilities for servicing the lots on
Wordm Underlined are added~ Wordm ~e~-~,½ are deleted.
which the meb~e manufactured homes are to be affixed (including
the installation of utilities, either final site grading or
pouring of concrete pads, or the construction of streets).
"Finished Area" A finished area is an enclosed area having
more than 20 linear feet of finished walls (paneling, etc.} or
equipped for use as kitchen, dining room, living room, family or
recreational roon, or bedroom, or office, or professional or
private school or studio occupancies, workshop, or other such
uses.
"FIRM" shall mean the Flood Insurance Rate Map.
"Flood" or "flooding" means a general and temporary
condition of partial or complete inundation of normally dry land
areas from:
{1) the overflow of inland or tidal waters,
(2) the unusual and rapid accumulation or runoff of surface
waters from any source.
"Flood elevation determination" means a determination by the
Administrator of the water surface elevations of the base flood,
that is, the flood level that has a one percent or greater chance
of occurrence in any given year.
"Flood Insurance Rate Map (FIRM)" means an official map of
Collier County, Florida, on which the Administrator has
delineated both the special hazard areas and the risk premium
zone applicable to the community.
"Flood Insurance Study" means the official report provided
in which the Federal Insurance Administration has provided flood
profiles, as well as the Flood Insurance Rate Maps and the water
surface elevation of the base flood.
"Flood Plain" or "Flood Prone Area" means any land area
susceptible to being inundated by water from any source (see
definition of "flooding").
"Flood Plain Management Regulations" means zoning
ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as a flood plain
ordinance, grading ordinance and erosion control ordinance) and
Words Underlined are added; Words $~ue~-~h~ough are deleted.
other applications of police powers. The term describes such
state or local regulations, in any combination thereof, which
provide standards for the purpose of flood damage prevention and
reduction.
"Floodproofed Buildings" or "Flood Proofing" is defined to
mean "Essentially watertight with walls substantially impermeable
to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy that would be caused by flood depths,
pressures, velocities, impact, and uplift forces associated with
the base flood."
"Floodway" means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
"Functionally Dependent Use" means a use which cannot
perform its intended purpose unless it is located or carried out
in close proximity to water.
"Lowest Floor" The lowest floor is the lowest floor
(including basement) of the lowest enclosed area. The following
modifications of the lowest floor definition are permitted:
a. The floor of an unfinished enclosed area at ground level
or above, which is a crawl space, or space within the foundation
walls, useable as areas for building maintenance access, parking
vehicles, or storing of articles and maintenance equipment (not
machinery or equipment attached to the building) used in
connection with the premises is not considered the building's
lowest floor if the walls of the unfinished enclosed areas are
constructed with openings (such as with parallel sheer walls,
open lattice walls, discontinuous foundation walls, or
combinations thereof) to facilitate the unimpeded movement of
flood waters or the walls are breakaway walls.
b. The floor of an attached unfinished garage used for
parking vehicles and storing articles and maintenance equipment
used in connection with the premises is not considered the
building's lowest floor provided that t~.~rg~{~6]~s not contain
Words Underlined are added; Words ~t~uek-~h~e~h are deleted.
machinery or equipment which is part of the building (attached to
the building) and provided that the garage walls are constructed
with openings (such as with parallel sheer walls, open lattice
walls, discontinuous foundation walls, or combinations thereof)
to facilitate the unimpeded movement of flood waters, or the
walls are breakaway walls.
The floor of an unfinished residential garage that does not
impede the flow of flood waters by virtue of the opening of its
doors should not be considered the lowest floor of the building.
"Mangrove Stand" means an assemblage of mangrove trees which
are mostly low trees noted for a copious development of inter-
lacing adventitious roots above the ground and which contain one
or more of the following species: black mangrove (Avicennia
germinans); red mangrove (Rhizophora mangle); white mangrove
(Languncularia racemosa); and buttonwood (Conocarpus erecta).
"Manufactured home" means a structure, transportable in one
or more sections which is built on a permanent chassis and
designed to be used with or without a permanent foundation when
connected to the required utilities. The term also includes park
trailers, travel trailers, and similar transportable structures
permanently placed on a site and intended to be improved
property. A travel trailer or park trailer shall be presumed to
be a vehicle and not a manufactured home only if the following
conditions exist:
(1) The travel trailer or park trailer has current licenses
~equired for highway travel; and
(2) The travel trailer or park trailer is highway ready.
This means that the travel trailer or park trailer is
on its wheels or in%ernal jacking system and attached
to its site only by the quick disconnect type utilities
commonly used in campgrounds and trailer parks or by
security devices. No permanent additions to a travel
trailer or park trailer shall be permitted.
"Map" means the Flood Insurance Rate Map (FIRM) for Collier
County, Florida issued by the Federal Insurance Administration
having an effective date of June 3, 1986, as may be amended.
Words Underlined are added; Words $~ue~-~h~h are deleted.
"Mean Sea Level" means the average height of the sea for all
stages of the tide. Also, see National Geodetic Vertical Datum
( NGVD ) .
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'National Geodetic Vertical Dat~ (NG~)" means National
Geode~ic Vertical Dat~ of 1929 (formerly called Mean Sea Level
Datum of 1929). The vertical control dat~ used ~o establish the
flood elevations.
"New Construction" means structures for which the "s~art of
construction" co.anted on or after September 14, 1979.
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"Person" includes any individual or group of individuals,
corporation, or any other organized group of persons, including
State and local governments and agencies thereof.
"Program" means the National Flood Insurance Program auth-
orized by the National Flood Insurance Act of 1968, as may be
amended.
"Registered Professional Architect" means an architect
registered and/or licensed by the State of Florida to practice
architecture in Florida or who is authorized by the State of
Florida to practice architecture in Florida under a reciprocal
registration or licensing agreement with another State.
"Registered Professional Engineer" means an engineer
registered and/or licensed by the State of Florida to practice
engineering in Florida or who is authorized by the State of
Florida to practice engineering in Florida under a reciprocal
registration or licensing agreement with another State.
"Sand Dunes" means naturally occurring accumulations of sand
in ridges or mounds landward of the beach.
10
Words Underlined are added; Words S~uek-~h~e~h are deleted.
"Start of Construction" (£or other than new construction or
substantial improvements under the Coastal Barrier Resources Act
(P. L. 97-348) f includes substantial improvement, and means the
date the building permit was issued, provided the actual start of
constructions, repairf reconstruction, or improvement was within
180 days of the permit date. The actual start means the first
placement of permanent construction of a structure (including a
manufactured home) on a site~ such as the pq~ring of slabs or
footings! installation of piles~ construction of columns, or any
work beyond the stage of excavation or the placement of a
manufactured home on a foundation. Permanent construction does
not include land preparationr such as clearing, grading and
filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement,
footings~ piers or foundations or the erection of temporary
forms; nor does it include the installation on the property of
accessory buildin~s~ such as garages or sheds not occupied as
dwelling units or not part of the main structure.
"State" mean the several States, the District of Columbia,
the territories and possessions, the Commonwealth of Puerto Rico,
and the Trust Territory of the Pacific Islands.
"Structure" means a building, mobile manufactured home, gas
or liquid storage tank or other man-made facilities or infra-
structure.
"Substantial Improvement" means any repair, reconstruction,
or improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure either
(a} before the improvement or repair is started, or (b) if the
Words Underlined are added; Words
structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part
of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not,
however, include either (1) any project for improvement of a
structure to comply with existing state or local health,
sanitary, or safety code specifications which are solely
necessary to assure safe living conditions, or (2) any alteration
of a structure listed on the National Register of Historic Places
or a State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of
this Ordinance which permits construction in a manner that would
otherwise be prohibited by this Ordinance.
"Violation" means the failure cf a structure or other
development to be fully compliant with Collier County's flood
plain manaqement regulations. A structure or other development
without the elevation certificate, other certifications~ or other
evidence of compliance required in this ordinance is presumed to
be in violation until such time as the documentation is provided.
"V Zone" - see "coastal high hazard area".
"Water Surface Elevation" means the hei~htl .in relation to
the National Geodet£c Vertical Datum (NGVD} of 1929~ (or other
~tum~ where specified) of floods of various magnitudes and
frequencies in the flood plains of coastal or riverine areas.
SECTION 6. Lands To Which This Ordinance Applies
(1) This Ordinance shall apply to all areas of special
flood hazard in the unincorporated area of Collier
County, Florida and identified by the Federal Insurance
Administration in its Flood Insurance Rate Map (FIRM),
dated June 3, 1986, and any revisions thereto.
SECTION 7. Exemptions
(1} MeB&½e Manufactured homes to be placed in an. existing
meB~e manufactured home park shall be exempted from
12
Words Underlined are added; Words S~e~-~h~h are deleted.
the requirements of this Ordinance provided such
manufactured home park is not expanded or undergoes
substantial improvement as defined herein.
SECTION 8. Basis For Establishing The Areas Of Special Flood
Hazard
The areas of special flood hazard as identified by the
Federal Insurance Administration in a scientific and engineering
report entitled "The Flood Insurance Study" for Collier County,
Florida unincorporated area, dated June 3, 1986, with accom-
panying Flood Insurance Rate Maps, dated June 3, 1986, are the
basis for establishing the areas of special flood hazard. The
Flood Insurance Study and accompanying FIRM shall be on file and
be open for public inspection in the office of the Clerk to the
Board of County Commissioners located in Building "F", Collier
County Courthouse, 3301 Tamiami Trail, East, Naples, Florida
33962.
SECTION 9. Development Permit Required
It shall be a violation of this Ordinance for any person
start a development on land located within the areas of special
flood hazards without first having obtained a development permit
from the Chief Administrative Official.
SECTION 10. Permit Requirements
(1) Application for a Development Permit shall be made by
the property owner to the Chief Administrative Official
on forms furnished by him and may include, but not be
limited to, the following data and information:
(a) Plans drawn to scale showing the nature, location,
dimensions, and elevations of the area in
question; existing or proposed structures, fill
storage of materials; drainage facilities, and the
location of the foregoing.
(b) Elevation in relation to NGVD of the lowest floor
of all proposed structures.
(c) Elevation in relation to NGVD to which any non-
residential structure is to be floodproofed.
13
Words Underlined are added; Word.q
(2)
(d) A certification of design plans from a registered
professional engineer or registered professional
architect that the non-residential floodproofed
structure meets the design standards floodproofing
criteria in SECTION 11(4) of this Ordinance.
(e) Description of the extent to which any natural
waterway will be altered or relocated as a result
of proposed development.
(f) Location and NGVD elevation of bench mark or site
which will remain until Certificate of Occupancy
has been issued.
The applicant shall provide a floor elevation certifi-
cation after the lowest floor is completed, or in
instances where the structure is subject to the regu-
lations applicable to Coastal High Hazard Areas, after
placement of the lowest horizontal supporting member of
the lowest floor. Within twenty-one (21) calendar days
of establishment of the lowest floor elevation, or upon
placement of the lowest horizontal supporting member of
the lowest floor, whichever is applicable, it shall be
the duty of the permit holder to submit to the Building
Department a certification of the elevation of the
lowest floor, or the elevation of the lowest portion of
the lowest horizontal supporting member of the lowest
floor, whichever is applicable, as built, in relation
to mean sea level. Said certification shall be pre-
pared by or under the direct supervision of a regis-
tered land surveyor or professional engineer and
certified by same. Any work done within the twenty-one
(21) day calendar period and prior to submission of the
certification shall be at the permit holder's risk.
The Building Department shall review the floor
elevation survey data submitted. Deficiencies detected
by such review shall be corrected by the permit holder
14
Words Underlined are added; Words $~e~-~h~o~h are deleted.
immediately and prior to further progressive work being
permitted to proceed. Failure to submit the survey or
failure to make said corrections required hereby, shall
be cause to issue a stop-work order for the project.
(3) Prior to the issuance of a Final Certificate of
Occupancy by the Building Director, the applicant shall
furnish the Chief Administrative Official with a certi-
fication by a registered professional engineer or
registered professional land surveyor that;
(i) The finished structure meets the minimum base
flood elevation indicated on the FIRM; and,
(ii) That the construction of all pilings, breakaway
walls, and required flood proofing are in compli-
ance with this Ordinance.
SECTION 11. General Standards For Flood Hazard Reduction
In all areas of special flood hazards the following
provisions are required:
(1) Ail new construction and substantial improvements shall
be anchored to prevent floatation, collapse or lateral
movement of the structure.
(2} New construction and substantial improvements in the A
Zones may be built on unconstrained but compacted fill
but only after review by the Building Director. No
significant water is permitted to flow from the subject
premises onto abutting properties or into adjoining
waters which are ~otcounty-approved ~rainage system/s).
(3) Residential Construction - New construction or substan-
tial improvement of any residential structure shall
have the lowest floor, elevated to or above the base
flood elevation.
(4) Non-residential Construction - New Construction and
substantial improvements of non-residential structures
shall, (i) have the lowest floor (including basement)
elevated to or aPove the base flood level or, (ii)
together with the attendant utility and sanitary
Words Underlined are added; Words St~e~-~h~h are deleted.
(5)
(6)
(7)
facilities, be designed so that below the base flood
level the structure is essentially waterproofed with
walls substantially impermeable to the passage of water
and with structural components having the capability of
resisting kydrostatic and hydrodynamic loads and
effects of buoyancy. Flood proofing is prohibited in
the velocity (V) zones. The property owner shall
provide a certification by the registered professional
engineer or registered professional architect that the
design standards of this subsection are satisfied.
All new construction and substantial improvements shall
be constructed with electrical, heating, ventilation,
plumbing and air conditioning equipment and other
service facilities that are designed and/or located so
as to prevent water from entering or accumulating
within the components during conditions of flooding.
All new construction or substantial improvements shall
be constructed by methods and practices that will
minimize flood damage;
Openings - all new construction and substantial improve-
ments with fully enclosed areas below the lowest floor
that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must
either be certified by a registered professional
~ngineer or architect or meet or exceed the following
minimum criteria: A minimum of two openings having a
total net area of not less than one square inch for
every square foot of enclosed area subject to flooding
shall be provided. The bottom of all openings shall be
no higher than one foot above the level of the floor
they are to service. Openings may be equipped with
16
Words Underlined are added; Words ~ue~-~h~h are deleted.
screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit
of floodwaters.
(8) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system;
(9) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate inflow of flood
waters into the systems and discharges from the systems
into flood waters; and,
(10) On-site waste disposal systems (including septic tanks)
shall be designed and/or located to minimize or
eliminate impairment to them or contamination from them
during flooding.
(11) Emergency generators for standpipe systems in accor-
dance with the requirements of the Collier County
Building Code or other applicable Collier County Ordin-
ances must be located above the base flood elevation
level and all fuel tanks for said generators must be
waterproofed and vented above the base flood elevation
level.
(12) Electrical transformer and/or switching vaults, pad
mounted transformers, pad mounted switches and related
facilities shall be permitted as independent units
below the minimum flood elevation level. Such struc-
tures may be located within or outside a building and
are not required to be waterproofed or constructed with
breakaway walls provided it is certified by a regis-
tered professional engineer or a registered profes-
sional architect that it will not adversely affect the
structural integrity of the building in which it is
located or any part thereof.
(13) All meter enclosures for self-contained electric
kilowatt hour meters serving buildings shall be located
above the base flood elevation. If complying with this
17
Words Underlined are added; Words $~e~-~h~o~h are deleted.
~egulation results in a vertical distance from finished
grade to the center of the meter or meters of more than
six feet, the meter enclosure shall be located on the
outside of an exterior wall with an unobstructed and
ready access from an open exterior stairway. When it
is necessary to use a stairway for access to a meter,
the vertical distance from the tread of the stairway to
the center of the meter shall be four to six feet. The
meter shall be placed in a position that will not
obstruct stairway traffic. On multi-unit buildings,
meters and meter enclosures will be allowed within the
building provided they are above the base flood
elevation and located in meter rooms.
SECTION 12. Specific Standards For V Zones
(1) Coastal High Hazard Areas (V Zones) - located within
the areas of special flood hazard have special flood
hazards associated with high velocity waters from tidal
surge and hurricane wave wash; therefore, the following
provisions shall apply:
(a) Provide that all new construction and substantial
improvements in Zones V1-30 and VE, and also Zone
V if base flood elevation data is available, 6n
the community's FIRM, are elevated on pilings and
columns so that (i) the bottom of the lowest
horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to
or above the base flood level; and (ii) the pile
or column foundation and structure attached
thereto is anchored to resist floatation, collapse
and lateral movement due to the effects of wind
and water 1.,ads acting simultaneously on all
building components. Wind and water loading
values shall each have a one percent chance of
being equalled or exceeded in any given year
(100-year mean recurrence interval). A registered
professional engineer or architect shall develop
or review the structural design, specifications
and plans for the construction, and shall certify
that the design and methods of construction to be
used are in accordance with accepted standards of
practice for meeting the provisions of (i) and
(ii) of this paragraph.
(b) All new construction and substantial improvements
within Zones Vl-30, VE and V on the community's
FIRM shall have the space below the lowest floor
either free of obstruction or constructed with
non-supporting breakaway walls, open wood lattice-
work, or insect screening intended to collapse
under wind and water loads without causing col-
lapse, displacement, or other structural damage to
the elevated portion of the building or supporting
foundation system. For the purposes of this
section, a breakaway wall shall have a design safe
loading resistance of not less than 10 or no more
than 20 pounds per square foot. Use of breakaway
walls which exceed a design safe loading resist-
ance of 20 pounds per square foot (either by
design or when so required by local or State
codes) may be permitted only if a registered
professional engineer or architect certifies that
the designs proposed meet the following
conditions:
(i) breakaway wall collapse shall result from a
water load less than that which would occur
during the base flood; and
(ii) the elevated portion of the building and
supporting foundation system shall not be
subject to collapse, displacement, .or other
structural damage due to the effects of wind
19
Words Underlined are added; Words $~ek-~h~ugh are deleted.
building
non-structural). Maximum wind
loading values to be used
determination shall each have
components (structural and
and water
in this
one percent
chance of being equalled or exceeded in any
given year (100-year mean recurrence
interval). Such enclosed space shall be
useable solely for parking of vehicles,
building access, or storage.
(c) It is prohibited to use fill for structural support of
buildings within Zones V1-30, VE and V on the comm-
unity's FIRM;
~--~--i--o.-~-~.c,--~e~e-~.~.-~~-,e.~.c.e.~:~--~n
F~RM~
~e} .(d) It is prohibited to alter sand dunes and mangrove
stands within Zones V1-30, VE and V on the co~unity's
FI~ if such alteration would increase potential flood
damage.
SECTION 13. Regulations Within The Floodways
(1) ~en floodways are designated within areas of special
flood hazard, additional criteria will be met. Since
the floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential
projectiles and erosion potential, the following
provision shall apply:
(a) Prohibits encroac~ents, including fill, new
construction, substantial improvements and other
developments unless the property owner provides a
certification by a professionaT registered
engineer demonstrating that encroac~ents
not result in a significant increase in
levels during occurrence
discharge.
2O
of the base
shall
flood
flood
SECTION 14. Regulations For ~anufactured Homes
(1) NO meb~½e manufactured home shall be placed in a
floodway or coastal high hazard area (V-Zone) except in
an existing moB~e manufactured home park or existing
meb&~e manufactured home subdivision.
(2) All manufactured homes to be placed or substantially
improved within Zones A1-30, AH, and AE on Collier
County's FIRMs must be elevated on a permanent
foundation such that the lowest floor of the
manufactured home is at or above the base flood
elevation; and be securely anchored to an adequatel~
anchored foundation system in accordance with the
provisions of this ordinance. This paragraph applies
to manufactured homes to be placed or substantially
improved in an expansion to an existing manufactured
home park or subdivision. This paragraph does not
apply to manufactured homes to be placed or
substantially improved in an existing manufactured home
park or subdivision except where the repair,
reconstructionr or improvement of the streetsr
utilities and pads equals or exceeds 50 percent of the
value of the streets~ utilities and pads before the
repairt reconstruction or improvement has commenced.
e~Bseene~a~-~mp~e~emene-e~-an-ex~s~n~-meB~½e-heme-pe~
haza~&-e~ea-~V-genef~
~B~--A½~---mo~-l-e---hemes---s~a-~--~e---~eh~-c%--~'-o---~es~s%
eve~-ehe-eep--amd--~ame--~es--ee--~e~nd--enehe~s--as
02.'8 276
~e~--~-~he-~s~ee-o~-e~ev~o~-e~-~s~--~-~o~s
A~ subdivision p~a~s sh~ be cons~s~en~ w~h ~he need
~o m~n~m~ze E~oo~
(2) A~ subdivision p~a~s sha~ have
facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood
d~age.
(3) Ail subdivision plats shall have adequate drainage
provided to reduce exposure to flood hazards.
(4) Base flood elevation data shall be shown on the Master
Subdivision Plan.
(5) All final plats presented for approval shall clearly
indicate the finished elevation above NG~ of the
roads, the average finished elevation above N~D of the
lots or homesites, and the minim~ base flood elevation
above NGVD as required in this Ordinance.
02'8 277
22
SECTION 16.
(2)
SECTION 17.
Administration~ Designation Of The Chief
Administrative Official
The Chief Administrative Official or his designee is
hereby appointed to administer and implement the
provisions of this Ordinance.
Duties and Responsibilities of the Chief Administrative
Official shall include, but not be limited to:
(a} Review all development permits to assure to the
extent possible that the permit requirements of
this Ordinance have been satisfied.
(b) Review permits for proposed development to assure
to the extent possible that all necessary permits
have been obtained from those federal, state or
local governmental agencies from which prior
approval is required.
(c} Where interpretation is needed as to the exact
location of the boundaries of the areas of special
flood hazards (for example, where there appears to
be a conflict between a mapped boundary and actual
field conditions}, the Chief Administrative
Official shall make the necessary interpretation.
The person contesting the location of the boundary
shall be given the opportunity to appeal the
interpretation as provided in SECTION 17 of this
Ordinance.
(d) All records pertaining to the provisions of this
Ordinance shall be maintained in the office of the
Chief Administrative Official and shall be open
for public inspection.
Appeal Procedure
The Board of Zoning Appeals, as established by the
Collier County Board of County Commissioners,. shall
hear and decide appeals from the requirements of this
Ordinance.
:23
(2) The Board of Zoning Appeals shall hear and decide
appeals when it is alleged there is an error in any
requirement, decision, or determination made by the
Chief Administrative Official in the enforcement or
administration of this Ordinance. Such appeal shall be
filed by the Appellant with the Board of Appeals within
five (5) days of the alleged error, decision or
determination and the aggrieved person shall furnish a
copy of such appeal to the Chief Administrative
Official.
(3) There shall be a $50.00 filing fee for each appeal
applied for.
(4) Any person adversely affected by the decision of the
Board of Zoning Appeals may appeal such decision to the
circuit court, as provided by law.
SECTION 18. Variance Procedure
(1) The Board of Zoning Appeals, as established by the
Collier County Board of County Commissioners, shall
hear and decide requests for variances from require-
ments of this Ordinance.
(2) All variance petitions shall be filed with the Chief
Administrative Official on forms provided and shall
include data and information deemed appropriate and
necessary by the Chief Administrative Official.
There shall be a $100.00 filing fee for each variance
applied for.
(4) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on
the National Register of Historic Places or the State
Inventory of Historic Places, without regard to the
procedures set forth in the remainder of this section.
(5) Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
24
(6)
(7)
Variances shall only be issued upon:
(a) A showing of good and sufficient cause.
(b) A determination that failure to grant the variance
would result in exceptional hardship to the appli-
cant.
(c) A determination that the granting of a variance
will not result in increased flood heights, addi-
tional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on
or victimization of the public, or conflict with
existing local laws or ordinances.
In passing upon a variance, the Board of Zoning Appeals
shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this
Ordinance; and:
(a) The danger that materials may be swept onto other
lands to the injury of others;
(b) The danger to life and property due to flooding or
erosion damage;
(c) The susceptibility of the proposed facility and
its contents to flood damage and the effect of
such damage on the individual owner;
(d) The importance of the services provided by the
proposed facility to the community;
(e) The necessity to the facility of a waterfront
location, where applicable;
(f) The availability of alternative locations, not
subject to flooding or erosion damage, for the
proposed use;
(g) The compatibility of the proposed use with
existing and anticipated development;
(h) The relationship of the proposed use to the plan
and flood plain management program for the area;
(i) The safety of access to the property in.times of
flood for ordinary and emergency vehicles;
25
(j)
(k)
The expected heights, velocity, duration, rate of
rise and sediment transport of the flood waters
and the effects of wave action, if applicable,
expected at the site;
The costs of providing
during and after flood
governmental services
conditions including
maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and
water systems, and streets and bridges, and;
(1) Variances shall not be issued within any
designated floodway if any increase in flood
levels during the base flood discharge would
result.
(m) Variances may be issued by a community for new
construction and substantial improvements and for
other development necessary for the conduct of a
functionally dependent use provided that the
criteria of (a) through (1) of this section are
met.
(n) Generally, variances may be issued for new
construction and substantial improvements to be
erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing
structures constructed below the base flood level,
providing items (a) through (1) have been fully
considered.
(8) Upon consideration of the factors listed above and the
purposes of this Ordinance, the Board of Zoning Appeals
may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this
Ordinance.
(9} Any person adversely affected by the decision of the
Board of Zoning Appeals may appeal such decision to the
Circuit Court, as provided by law.
028 , 281
Words Underlined are added; Words ~e~-~h~m~h are deleted.
(10) Any applicant, to whom a variance is granted, shall be
given written notice that when a structure is permitted
to be built with lowest floor elevation below the base
flood elevation the cost of flood insurance will be
commensurate with the increased risk resulting from the
reduced lowest floor elevation.
(11) The Chief Administrative Official shall maintain the
records of all variance actions and report any vari-
ances to the Federal Insurance Administration upon
request.
SECTION 19. Abrogation And Greate~ Restrictions
(1) This Ordinance is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed
restrictions. However, where this Ordinance and
another conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
(2) In the interpretation and application of this
Ordinance, all provisions shall be: (1) considered as
minimum requirements; (2) liberally construed in favor
of the governing body; and (3) deemed neither to limit
nor repeal any other powers granted under State
Statutes.
SECTION 20. Warning And Disclaimer Of Liability
The degree of flood protection required by this Ordinance is
considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can and
will occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This Ordinance does not imply that
land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages.
This Ordinance shall not create liability on the part of Collier
County or by any officer or employee thereof for any flood
damages that result from reliance on this Ordinance or any
administrative decision lawfully made thereunder.
Words Underlined are added; Words Se~ue~-th~eu~h are deleted.
SECTION 21. Enforcement; Penalties
(1) Any person or entity who violates any provision of this
Ordinance shall De punished as provided by law.
(2) In addition to the criminal penalties provided in
SECTION 21 (1), power is hereby authorized to institute
any appropriate action or proceeding including suit for
injunctive relief in order to prevent or abate
violation of this Ordinance.
SECTION 22. Repeal
Collier County Ordinance No. 79-62 and Collier County
Ordinance No. 85-54 are hereby repealed in their entirety as of
the Effective Date of this Ordinance.
SECTION 23. Severability
It is declared to be the intent of the Board of County
Commissioners that if any section, subsection, sentence, clause,
phrase or provision of this Ordinance is held invalid or uncon-
stitutional, such invalidation or unconstitutionality shall not
be so construed as to render invalid or unconstitutional the
remaining provisions of this Ordinance.
SECTION 24. Effective Date
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, thisd~day of ///~~, 1987.
~i' ."ATTEST:"/ t:,. BOARD OF COUNTY COMMISSIONERS
.~'~'~ COLLIER COUNTY, FLORIDA
~:. JAMES C. G.~ES, Clerk
'" '"'~'~~ ~ '~X- ~ HASSE, JR., Chai~
Approved as to form and
legal sufficiency:
Kenneth B. Cuy ~'
Collier County Attorney
28
Words Underlined are added; Words Se~uek-eh~a~gh are deleted.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE 87-80
which was adopted by the Board of County Commissioners on the 6th
day of October, 1987 during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 7th day of
October, 1987,
County ,Commissioner~'.~ .... i
By: Virginia Magri.,:.. ' ..".-~
Deputy Clerk ?F-'~'"2'" '+
JAMES C. GILES ~'¢ .... .
Clerk of Courts an~.-'Clerk "
Ex-officio to Boa.rd
..:~
BOOK ar, r