Ordinance 86-28 ORDINANCE NO. 86-,~8..
AN~.~RDINANCE RELATING TO FLOOD DAMAGE PREVENTION;
PROVIDING FOR STATUTORY AUTHORIZATION.; PROVIDING
FINDINGS OF FACT; PROVIDING A $1~._~MENT OF
FOR
pURP'OSE; PROVIDING METHODS OF RED~ .' FLOOD
LOSSES; PROVIDING FOR DEFINITIONS; SETTING FORTH
LkNDS TO WHICH THIS ORDINANCE APPLIES; PROVIDING
FOR EXEMPTIONS; PROVIDING A BASIS FOR ESTABLISH-
ING THE AREAS OF SPECIAL FLOOD HAZARD; SETTING
RTH A DEVELOPMENT PERMIT REQUIREMENT; PROVIDING
RMIT REQUIREMENTS; PROVIDING GENERAL STANDARDS
FOR FLOOD HAZARD REDUCTION; PROVIDING SPECIFIC
STANDARDS FOR "V" ZONES; PROVIDING REGULATIONS
WITHIN THE FLOODWAYS; PROVIDING REGULATIONS FOR
MOBILE HOMES; PROVIDING STANDARDS FOR SUBDIVISION
P~%TS; PROVIDING FOR ADMINISTRATION AND DESIG-
NATION OF THE CHIEF ADMINISTRATIVE OFFICIAL;
PROVIDING AN APPEAL PROCEDURE; PROVIDING A VARI-
ANCE PROCEDURE; PROVIDING INTENT AS TO ABROGATION
OF EXISTING RESTRICTIONS AND INTERPRETATION OF
RESTRICTIONS; PROVIDING A WARNING AND DISCLAIMER
OF LIABILITY; PROVIDING FOR PENALTIES AND ENFOR-
CEMENT; PROVIDING FOR REPEAL OF COLLIER COUNTY
ORDINANCE NOS. 79-62 AND 85-54; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the County has received from the Federal Insurance
Administration a flood insurance rate map which delineates the
areas subject to severe flooding within the County, and
WHEREAS, Federal regulations provide that federally-related
financial assistance and insurance will not be available in any
community having special flood hazards, unless the co~unity
adopts flood plain management regulations meeting minimum federal
standards; and
WHERF~AS, it is the intent of the Board of County
Commissioners of Collier County to continue the participation in
a program designed to protect lives and new construction from '!.~t
future flooding by adopting an ordinance meeting federal....~ .,':~...~','.~
standards. ,
NOW THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Collier County, Ff0rida:
SECTION 1. Statutory Authorization
The Legislature of the State of Florida has in Chapter ~25,
Florida Statutes, delegated the responsibility to local
governmental units to adopt regulations designed to promgte the
public health, safety, and general welfare of its citizenry.
SECTION 2. Findinqs of Fact
(1) The flood hazard areas of Collier County are subject to
periodic inundation which could result in loss of life,
property damage, health and safety hazards, di:~ruption
of commerce and governmental services, extraordinary
public expenditures for flcod 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
or hazardous to the land~ which are inadequately
elevated, floodproofed, or otherwise inadequately
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 pL.blic 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 unde:~taken at
the expense of the general public;
(4)To minimize prolonged buslness interruptions;
(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 he].p maintain a stable tax base by prowiding for the
sound use and development of flood-prone area~, 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 s]~ecial
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 dang~rous to
health, safety, and property due to Water oI erosion
hazards, or which result in damaging incr,~ases in
erosion or in flood heights or velocities;
(2; Requiring that uses vulnerable to floods, including
facilities which serve ~uch uses, be protectef, against
flood damage at the time o~ initial construction;
(3) Controlling the alteration of natural flood pl~ins,
stream channels, and natural protective barriers, which
help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and otker
development which may increase flood damage; a~d,
(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 ~n
this ordinance shall be interpreted so as to give them the
meaning they have in common usage ~nd 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.
"Area of special flood hazard" is the land in the flood
plain within a community subject to a one percent or greater
chance of flooding in any given year. These areas are d~signated
on the Flood Insurance Rate Map (FIRM).
"Base flood" means the flood having a one percent ~hance of
being equalled or exceeded in any given year.
"Breakaway wall" means a wall that is not par5 of the
structural support of the building and is intended through its
dezign and construction to collapse under specific lateral
loading forces without causing damage to the elevated ~ortion of
the building or the supporting foundations syste~.
"Building" means any structure containing one or more
enclosed areas, permanently affixed to the ground, 13uilt fcr
shelter or enclosure for any occupancy or storage.
"Chief Administrative Official" wherever used shall mean the
person or persons designated by the County Manag,~r to be
responsibl, 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 FI.%M as ZO~E
V1-30 and VE or V.
"County" whenever used shall mean Collier County, Florida.
"Development" means any man-made change to improved or
unimproved real estate, including but not limited to buildings or
other structures, mining, dredging, filling, gradings, 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 pe~it 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.
3'30
"Existing Mobile Home Park" means a parcel (or contiguous
parcel) of land divided into two or more mobile home lots for
rent for which the construction of facilities for servicing the
lot on which the mobile home is to be affixed (including, at a
minimum, installation of utilities, either final site grading or
the pouring of concrete pads, and the construction of streets)
was completed before September 14, 1979.
"Existinq Mobile Home Subdivision" means a p~rcel (or
contiguous parcels) of land divided into two cr more mcbile home
lots for sale for which the construction of facilnties for
servicing the lot on which the mobile home is to be affixed
(including, at a minimum, installation of utilities, either final
site grading or the pouring of concrete pads, and the
construction of streets) was completed before September 14, 1979.
"Existing Structure" means a structure for which the "start
of construction" commenced before September 14, ].979, the
effective date of Collier CountY's first FIRM.
"Expansion To An Existinq Mobile Home Park Or Mobile Home
Subdivision" means the preparation of additional sites by
the construction of facilities for servicing the lots on which
the mobile homes are to be affixed (including the installation of
utilities, either final site grading or pouz[ng 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 room, 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 "floodinq" 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.
5
'Flood elevation determination' means a determ£nation 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 co--unity.
'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
sut=eptible 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
other applications of police powers. The term describes such
state or local regulations, in any combination thereof, which
~rovide standards for the purpose of flood damage pre,,ention and
reduction.
'Floodproofed Buildinqs' 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 inc::easing the
water surface elevation more than one foot.
"Functionally Depende~t._Usej" means a uae which cannot
perform its intended purpose unless it is located or =arried 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 g:zound 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 ~reakaway 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 the area does not contain
machinery or equipment %~ich 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 5ot
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 tr.~es 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
~erminans}; red mangrove (Rhizophora mangle); white mangrove
(Lan~uncularia racemosa); and buttonwood (Conocarpus erecta).
"Map" .means the Flood Insurance Rate Map (FIRM) for Collier
County, Florida issued by the Federal Insurance Adm:.nistration
having an effective date of June 3, 1986, as may be am,mded.
"Mean Sea Level" means the average height of the sea for all
stages of the tide. Also, see National Geodetic Vertical Datum
(NGVD).
"Mobile Home" A mobile home is a detached single-family
dwelling with all of the following characteristics:
(a) designed for long-term occupancy and containing sleeping
acco~u, odations, a flush toilet, a tub or shower bath, and kitchen
facilities, with plumbing and electrical connections provided for
attachment to outside systems; (b) designed for transportation
after fabrication on streets or highways on its 'own '#heels, and
(c) arriving at the site where it is to be occupied as a dwelling
complete, including major appliances and furniture, and ready for
occupancy except for minor and incidental unpacking and assembly
operations, location on Jacks' or other temporary or permanent
foundations, connection to utilities and the like. A travel
trailer, motor home or recreational vehicle is not to be
considered as a mobile home.
"Mobile Home Subdivision" A mobile home subdivision ia a
parcel of land where mobile home sites are sold or offered for
sale for the parking of mobile homes for living or sleeping
purposes, and including any land, buildings, structures, or
facilities used by the occupants of the mobile home subdivision.
"National Geodetic Vertical Datum (NGVDI" means National
Geodetic Vertical Datum of 1929 (formerly called Mean Sea Level
Datum of 1929). The vertical control datum used to e~tablish
flood elevations.
"New Construction" means stru6tures for which the "start of
construction" commenced on or after September 14, 1979.
"New Mobile Home Park Or Mobile Home Subdivisi,~n" means a
parcel (or contiguous parcels) of land divided into two or more
mobile home lots for rent or sale for which the con~truction of
facilities for servicing the lot (including, at a minimum, the
installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of 13treets) was
completed on or after September 14, 1979.
"Person" includes any individual or group of individuals,
corporation, or any other organized group of persons, including
State and local governments and agencies thereof.
"Pro,ram" 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 ,)f 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 a.n 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.
"Start Of Construction" means the first placement of
permanent construction of a structure (other than a mobile home}
on a site, such as the pouring of slabs or footings er any work
beyond the stage of excavation. Permanent construction does not
include land preparation, 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 pr6perty of accessory buildings,
such as garages or sheds not occupied as dwelling units or not as
part of the main structure. For a structure (other than a mobile
home) without a basement or poured footings, the "start of
construction" includes the first permanent framing or assembly of
the structure or any part thereof on its piling or foundation.
9
For mobile homes not within a mobile home park or mobile home
subdivision, 'start of construction' means the affixing of the
mobile home to its permanent site. For mobile homes within
mobile home parks or mobile home subdivisions, '~tart of
construction" is the date on which the construction of facilities
for servicing the site on which the mobile home is to b(~ affixed
(including, at a minimum, the construction of streets, either
final site grading or the pouring of concrete pads, and
installation of utilities) is completed.
'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 home,' gas or liquid
storage tank or other man-made facilities or infrastructure.
"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
structure has been damaged and is being restored, be fore 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 str'~cture. The term does not,
however, include either (1) any project for improvem~nt 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 Pl%ces.
"Variance" means a grant of relief from the requir(~ments of
this Ordinance which permits construction in a manner that would
otherwise be prohibited by this Ordinance.
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
--- "' m
County, Florida and identified by ~he Federal Insurance
Administration in its Flood Insurance Rate Map (FIRM),
dated June 3, 1986, and any revisions thereto.
SECTION 7. Exemptions
(1) Mobile homes to be placed in an existing mobile home
park shall be exempted from the requirements of this
Ordinance provided such mobile home park is not
expanded or undergoes substantial improvement
defined herein.
SECTION 8. Basis For Establishing The Areas Of S~ecial Flood
~azard
The areas of s~ecial 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 p¢'rson to
start a development on land located within the areas of special
flood hazards w~thout first having obtained a development permit
from the Chief Administrative Official.
SECTION 10. Permit Requirements ~
(1) Applic~tion for a Development Permit shall be made b~
the property owner to the Chief A~ministrative 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.
(2)
(b)
m
Elevation in relation to NGVD of the 1owes=
floor of all proposed structures.
(c) Elevation in relation to NGVD to which an? non-
residential structure is to be floodproofed.
(d) A certification of design plans from a registered
professional engineer or registered prof, ssional
architect that the non-residential floodproofed
structure meets the design standards floodproofing
criteria in SECTION 11(4) of this Ordinances.
(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 16west 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 m;mber 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 low,st
floor, whichever is applicable, as built, in ralation
to mean sea level. Sai~ certification shall be pre-
pared by or under the direct supervision of a regis-
tered land surveyor or professional engine(~r 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.
12
The Building Department shall review t'~e floor
elevation survey data submitted. Deficiencie~ detected
by such review shall be corrected by the per~it hol&er
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
certification by a registered professional enctineer or
registered professional land surveyor that;
(i) The finished structure meets the min:hmum base
flood elevation indicated on the FI~; and,
(ii) That the construction of all pilings,, break-
away walls, and required flood proofhng are
in compliance with this Ordinance.
SECTION 11. General Standards For Flood Hazard Reduction
In all areas of special flood hazards the following
provisions are required~
(1) All new construction and substantial improvements shall
be anchored to prevent floatation, collapse or lateral
movement of the structure.
(2) New construction and substantial improvements ia the A
Zones may be built on unconstrained but compacued 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 not county-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 ba~e
flood elevation.
(4) Non-residential Construction - New Constructi~n and
substantial improvements of non-residential structures
(5)
(6)
(7)
shal~., (i) have the lowest floor (including basement)
elevated to or above the base flood level or, (ii)
together with the attendant utility and sanitary
facilities, be designed so that below the base flood
level the structure is essentially waterprocJfed with
walls substantially impermeable to the passage of water
and with structural components having the capability of
resisting hydrostatic and hydrodynamic 1Dads and
effects of buoyancy. Flood proofing is prohibited in
'the velocity (V) zones. The property o~er shall
provide a certification by the registered professional
engineer or registered professional architect, that the
design standards of this subsection are'satisfied.
Ail new construction and substantial improvements shall
be constructed with electrical, heating, ventilation,
plumbing and air conditioning equipment and other
service facilities th%t are designed and/or located so
as to prevent water from entering or accumulating
within the components during conditions of flooding.
Ail 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 lo%,est floor
that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forE:es on
exterior walls by allowing for the entry and exit of
fl~mdwaters. Designs for meeting this requirement m~st
either be certified by a registered professional
engineer or architect or ~eet 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
023,,,,340
14
they are to service. Openings may be equipped frith
screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry ar.d exit
of floodwaters.
(8) Ail new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system;
(9} New a,d replacement sanitary sewage systems shall be
designed to minimize or eliminate inflow of flood
water~ into the systems and discharges from the 3ystems
into ~lood waters~ and,
(10) On-si:e waste disposal systems (including septic tanks}
shall be designed and/or located to minimaze or
eliminate impairment to them or contamination from them
durin.; flooding.
(11) Emerg.~ncy generators for standpipe systems in
accordance with the ~equirements of the Collier County
Build..ng Code or other applicable Collier County
Ordin~tnces must be located above the base flood
elevation level and all fuel tanks for said generators
must ~e waterproofed and vented above the bas~ flood
elevation level.
(12) Electrical transformer and/or switching vaults, pad
mount~d transformers, pad mounted switches and related
facilities shall be permitted as independent units
below th~ minimum flood elevation level. Such struc-
tures may be located within or outside a buildin~ and
are not required to be waterproofed or constructed w%th
breakz.way walls provided it is certified by a regis-
tered professional engineer or a registered profes-
sional, architect that it will not adversely aff.~ct the
structural integrity of the building in which it is
located or any part thereof.
SECTION 12. S$~cific Standards For V Zones
(1) Coastal High Hazard Areas (V Zones} - located within
the a::eas of special flood hazard have special flood
hazards associated with high volocity waters from tidal
sur~le and hurricane wave was~ therefore, the following
provisions shall apply]
Ca} Provide that all new construction and substantial
improvements in Zones V1-30 and VE, and ~.lso Zone
V if base flood elevation data is available, on
the community's FIRM, are elevated on pilings and
columns so that (i} the bottom of the lo. est
horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to
or above the base flood level~ and (ii) the 9ils
or column foundation and structure a=tach~d
thereto is anchored to resist flotation, collapse
and lateral movement due to the effects o[ wind
and water loads acting simultaneously on all
building components. Wind and water load:~ng
~alues shall each have a one percent chance of
being equalled or exceeded in any given year
(100-year mean recurrence interval). A r~gistered
l,rofessional engineer or architect shall develop
or review the structural design, specifications
~nd 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.
Cb) A~i new construction and substantial improvements
within Zones V1-30, VE and V on the commun:.ty's.
F2RM shall have the space below the lowest floor
e:.ther free of obstr~uction or constructed %,ith
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
16
(c)
(d)
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 ~er square foot. Use of breakaway
·alls which exceed a design safe loading =esist-
~nce of 20 pounds per square foo= (either by
,]esign or when so required by locz], or State
,:odes) may be permitted only if a registered
professional engineer or architect certif:.es that
t~e designs proposed meet the following
conditions~
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 net be
subject to 'collapse, displacement, or other
structural damage due to the effects of wind
and water loads acting simultaneously on all
building components (structural and
non-structural). Maximum wind and wa:er
loading values to be used in this
determination shall each have one percent
chance of being equalled or exceeded tn any
given year (lO0-year mean recurrence
interval). Such enclosed space shall be
useable solely for parking of vehicleE,
building access, or storage.
It is prohibited to use fill for structural sup-
~rt of buildings wfthin Zones V1-30, VE and V on
the community's FIRM;
It is prohibited to place mobile homes, except in
e)isting mobile homes parks and mobile home
s~bdivisions, within Zones Vl-30, VE and V on the
community's FIRM;
SECTION 13.
SECTION 14.
(e) It is prohibited to alter sand dunes and mangrove
s=ands within Zones Vl-30, YE and V on the comm-
ulity's FIRM if such alteration would increase
p)tential flood damage.
.Reg'~lations Within The Floodways
(1) When f[oodways are designated within areas of special
flood hazard, additional criteria will be met. Since
the fl.)odway is an extremely hazardous area du,~ to the
veloci-:y of flood waters which carry debris, pDtential
projec':iles and erosion potential, the following
provision shall apply:
(a) P:~ohibits encroachments, including fill, n~w
construction, substantial improvements and other
d,~velopments unless the property owner provides a
c,~rtification by a professional registered
eugineer demonstrating that encroachments shall
not result in 'a significant increase in flood
1,~vels during occurrence of the basE, flood
d:.scharge.
Regulations For Mobile Homes
(1) No mob:.le home shall be placed in a floodway or coastal
high hazard area (V-Zone) except in an existing mobile
home park or existing mobile home subdivisio~.
(2) No new mobile home park or subdivision shall be per-
mitted in a coastal high hazard area {V-Zone) and no
substantial improvement of an existing mobile he,me park
or subdivision shall be permitted in a coastal high
hazard area (V-Zone).
(3) All mobile homes shall be anchored to resist flotation,
collapEe, or lateral movement by providing over--the-top
and frame ties to ground anchors as requ:,red by
applicable Collier County Ordinance.
(4) For ne% mobile home parks and subdivisions; for expan-
sions to existing mobile home parks and subdiTisions;
for ex:.sting mobile home parks and subdivisions where
~8
the repair, reconstruction or improvement: of the
streets, utilities and mobile home pads ~quals or
excee~.s 50 percent of the value of the streets,
utili~ies and mobile home pads before the repair,
reconstruction or improvement has commenced~ and for
mobile homes not placed in a mobile home park or
subdi~ision shall require the following=
(a) ftands or lots are elevated on compacted fill or
cn pilings so that the lowest floor of the mobile
~ome will be at or above the base flood level~
(b) adequate surface drainage and access for a hauler
are provided~ and,
{c) in the instance of elevation on pilings= (1) lots
are large enough to permit steps, and (:!) piling
foundations are placed in conformance with all
building code requirements.
SECTION 15. Standards For Subdivision Plats
(1) All subdivision plats shall be consisten= with the need
to minimize flood damage.
(2) All subdivision plats shall have public utilities and
facilities such as sewer, gas, electrical a~d water
systems located and constructed to minimi2e flood
damage.
(3) All su~division plats shall have adequa=e drainage
provided to reduce exposure to flood hazards.
(4) Base flood elevation data shall be shown on the Master
Subdivision Plan.
(5) Ail fi3~al plats presented for approval shall clearly,
indicaze the finished elevation above NGVD of the
roads, the average finish'~d elevation above NGVD of the
lots o:: homesites, and the minimum base flood elevation
above NGVD as required in this Ordinance.
SECTION 16. A~inistration~ Desi~nation Of The Chief
A~.nistrative Official
(1) The Ckief Administrative Official or his desk.ghee is
hereby appointed to administer and implem~nt the
provis~.ons of this Ordinance.
19
SECTION 17.
(2) 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 propose~ 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 (~xact
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 ss provided in SECTION 17 of this
Ordinance.
(d) All records pertaining to the provisions o:~ this
Ordinance shall be maintained in the offic~ of the
Chief Administrative O~ficial and shall be open
for public inspection.
Appeal Procedure
(1) The Board of Zoning Appeals, as established by the
Collimr County Board of County Commissioners, shall
hear and decide appeals from the requirements of this
Ordinance.
(2) The Board of Zoning Appea~s 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 enforcen~nt or
adminastration of this Ordinance. Such appeal shall be
2~
--.-- m I
fil~d bt, the Appellant with the Hoard of Appeals within
fiw~ (5) days of the alleged error, decLsion or
determination and the aggrieved person shall furnish a
cop}' of such appeal to the Chief Admin:.strative
Official.
(3) There shall be a $50.00 filing fee for each ap~al
applied for.
(4) Any ~erson adversely affected by the decision cf the
Boar~ of Zoning Appeals may appeal such decision to the
circuit court, as provided by law.
SECTION 18. Variance Procedure
(1} The ]~oard of Zoning Appeals, as established by the
Collher County Board of County Comm[ssioners, shall
hear and decide requests for variances from req=ire-
ment~ of this Ordinance.
(2) All ~'ariance petitions shall be filed with the Chief
Admi~istrative Official on forms provided an~ shall
include data and information deemed appropriate and
necessary by the Chief A~ministrative Official.
(3) There shall be a $100.00 filing fee for each %'ariance
applied for.
(4) Varia~ces may be issued for the reconstzuction,
rehabilitation or restoration of structures li~ted on
the National Register of Historic Places or the State
Inven=ory of Historic Places, without regard to the
procedures set forth in the remainder of this secticn.
(5) Varia~ces shall only be issued upcn a determination
that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
(6) Variar~ces shall only be'i~sued upon:
(a) A showing of good and sufficient cause.
(b) $. determination that failure to grant the variance
%ould result in exceptional hardship to the appli-
cant. ,
(c) A determination that the granting of a wtriance
will not result in increased flood heights, addi-
tional threats to public safety, extraordinary
21
('7)
~ublio expense, create nuisances, cause fraud on
or victimization of the public, or conflict with
existing local laws or ordinances.
In ~ass£ng upon a variance, the Board of ~oning Appeals
shall consider all tec~ical evaluations, all relevant
factors, standards specified in other section:~ of th£s
Ordinance; and~
(a} The danger that materials may be swept oxtto other
lands to the injury of others;
The danger to life and property due to flooding or
erosion ~amage;
(c) The susceptibility of the proposed facility and
its contents to ~lood d~m~ge an~ the e~fect of
such d~m~ge on the individual owner~
The importance of the services provided by the
proposed facility to the community~
(e) The necessity ~o the facility of a waterfront
location, where applicable;
(f) ~he availability of alternative locatio~s, not
~ubJect to flooding or erosion damage, for the
~Rroposed use;
(g) The compatibility of the proposed uss with
eaxisting and anticipated development;
(h) ~he relationship of the proposed use to tAe plan
and flood plain management program for the area;
(l) The safety of access to the property in t.Lmes of
~lood for ordinary and emergency vehicles;
(j) ~he expected heights, velocity, duration, rate ~f
rise and sediment transport of the flood waters
and the effects of"wave action, if appl~.cable,
expected at the site;
(k) T~e costs of providing governmental s~.rvices
d=ring and after flood conditions including
~intenance and repair of public utiliti(~s and
facilities such as sewer, gas, electrical, and
water systems, and streets and bridges, and;
(8)
(9)
(10)
(11)
(1)
(.,)
-----. i
Variances shall not be issued within any
designated floodway if any increase in flood
levels during the base flood discharge would
result.
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 ~he
criteria of (a) through (1~ of this section
are met.
(n) Generally, variances may be issued for new
construction and ~ubstantial 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.
U~on 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 w~riances
as i= deems necessary to further the purposes of this
Ordinance.
Any person adversely affected by the decision of the
Boar~ of Zoning Appeals may appeal such decision to the
Circuit Court, as provided by law.
Any agplicant, 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 b~se
flood elevation the cost of flood insurance wall be
commensurate with the in6reased risk resulting from the
reduced lowest floor elevation.
The Chief Administrative Official shall maintain the
records of all variance actions and report any
variances to the Federal Insurance Administration upon
request.
SECTION 19. _~rogation And Greater Restrictions
(1} This Ordinance is not intended to repeal, abrogate, or
impa£r 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. lCarnin~ And Disclaimer Of Liability
The degree of flood protection required by this Ordinance is
considered reasonable for regulatory purposes and is based on
scientific an~ 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 ~mply that
land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flooa damages.
This Ordinance shall not create liability on the part of Collier
County or by any officer or employee thereof for any flood
d~mages that result from reliance on this Ordinance or any
administrative decision lawfully made thereunder.
SECTION 21. Enforcement~ Penalties
(1) An~ person or entity who violates any provision of this
Ordinance shall be ~unished as provided by law.
(2} In addition to the criminal penalties p=ovided ~n
S~TION 21 (1}, power is hereby autho=ized tc institute
any appropriate action 0r~proceeding including suit for
injunctive relief in order to prevent or abate
violation of this Ordinance.
SECTION 22. Re~oea 1
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 prov~sion 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 prov~sions of this Ordinance.
SECTION 24. Effective Date
This Ordinance shall become effective upon r~ceipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of Skate.
PASSED AND DULY ADOPTED by the Board of County Commissioners
-' of Collier COunty, Florida, thfs 17thday of June , 1986.
; ~i~ ~.~. ..". ~,OAIIO ',., "¥,
legal ciency ~
~ Kenne~ B* Cuyi~ ~T~ ot~ezs Offke~
25
STATE OF ~'~ORIDA )
<~ OF COLLIER )
I, JA~IES C. GILES, Clerk of Courts in mhd for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true original of:
ORDINANCE 86-28
which was adopted by the Board of County Commissioners on
the 17th day of June 1986]
WITNESS my hand and the official seal of the Board of
County Cor.~miusioners of Collier County, Florida, this 18th
day of June, 1986.
JAMES C. GILES
'
~))111~