Agenda 06/26/2012 Item #17F6/26/2012 Item 17.F.
EXECUTIVE SUMMARY
Recommendation to adopt an amendment to the Flood Damage Prevention Ordinance
(FDPO) to address: (1) Federal Emergency Management Agency (FEMA)'s recent
determination that the County's FDPO is not in compliance with the requirements of the
National Flood Insurance Program (NFIP) and (2) recent amendment to the Florida
Building Code.
OBJECTIVE: To have a current FDPO that meets the requirements of the NFIP as determined
by FEMA Region IV staff and maintain the County's participation in the NIFP.
CONSIDERATIONS: On 6 -12 -12 (Agenda Item 11B), the Board of County Commissioners
(Board) authorized the County Manager to advertise an FDPO amendment incorporating the
Florida Building Code and those provisions that FEMA requires "Must Do" to be addressed for
them to find the County's ordinance compliant, and bring the FDPO amendment to the Board for
adoption.
On 6- 15 -12, the proposed FDPO amendment was advertised in the Naples Daily News, a
publication of general circulation in Collier County.
The proposed FDPO amendment incorporates the following items:
• Specific changes that FEMA has identified as "Must Do" items for our ordinance to be
found in compliance by FEMA Region IV staff in Atlanta, GA, and
• Addition of language to specifically reference and state compliance with the requirements
of the current Florida Building Code.
The County has been granted a time extension by FEMA until 8 -16 -12 (that is three months
beyond the 5 -16 -12 effective date for the DFIRM) to provide FEMA with an acceptable FDPO
which will allow us to remain as a participating community in the NFIP. In failing to comply,
the County would automatically lose the Community Rating System (CRS) participation and its
accompanying cost savings benefits to flood insurance policy holders for at least a year. It also
seriously affects the real estate industry and insurance industry through the loss of availability of
new or renewed flood insurance policies through the NFIP.
The State of Florida has informed the County that we also need to address the conflicts in our
current FDPO with the requirements in the newly effective 2010 Florida Building Code (FBC).
The small textual amendment proposed by this FDPO amendment is only intended to be an
interim step to show our intent to comply with the FBC. The State has prepared, and FEMA has
reviewed, a new "Model" ordinance document. This new "Model" ordinance document is
entirely different in organizational layout and frequently uses references to the Florida Building
Code and its supporting documentation. The State has acknowledged their agreement with this
interim time - constrained approach in order to be found in compliance by FEMA by 8- 16 -12.
Upon FEMA's review and determination that this FDPO amendment finds the County to be in
compliance, staff will begin the process to develop a new FDPO following the State's new
"Model" FBC - compliant ordinance and bring it to the Board for review and consideration.
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6/26/2012 Item 17.F.
On 6- 14 -12, staff received communication from FEMA requesting two additional changes to the
language in the proposed FDPO.
The first change is a further clarification within a proposed change to SECTION FIVE
(A)(16)(A)(iv) which is shown on Page 5 of 11 in the attached ordinance amendment. The
added language for the reference the point of elevation measurement of the floor is highlighted in
the following statement:
[with an allowable exception for the bottom of the lowest horizontal structural member of the
Lowest floor of accessory structures within the V -Zones as described in SECTION FIVE
(D)(13)(h)]
The second change is for the addition of the word "and" into the ending portion of SECTION
FIVE (D)(1) to correct a scrivener's error to read as follows with the added work highlighted:
(1) Meet the standards of SECTION FOUR, A, and SECTION FIVE, A, B (except B(7)),
and Cam.
FISCAL IMPACT: The potential fiscal impact to the County can be very large. If the County
- is- suspended -from the NFIP it -faces the following actions:
• Flood insurance through the NFIP will not be available. No new NFIP policies can be
purchased and existing policies will not be renewed.
• No Federal grants or loans for the acquisition or construction of buildings may be made
in identified flood hazard areas under programs administered by Federal agencies.
• No Federal disaster assistance may be provided to repair insurable buildings located in
identified flood hazard areas for damage caused by flood.
• No Federal mortgage insurance or loan guarantees may be provided in identified flood
hazard areas. This includes policies written by the Federal Housing Administration
(FHA), Veterans Administration (VA), and others.
• Federally insured or regulated lending institutions, such as banks and credit unions, must
notify applicants seeking loans for insurable buildings in flood hazard areas that:
• There is a flood hazard and
• The property is not eligible for Federal disaster relief.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. -
JB W
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board:
• Adopt this FDPO amendment incorporating the Florida Building Code and those
provisions that FEMA requires "Must Do" to be addressed for them to find the County's
ordinance compliant, and
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6/26/2012 Item 17.17.
• Authorize the chairman to sign the FDPO amendment for filing with the Florida
Secretary of State.
PREPARED BY: Robert C. Wiley, P.E., CFM, Principal Project Manager
Land Development Services
Growth Management Division
Attachments:
1. Attachment 1 — FDPO Amendment (underline /strike -thru version)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.F.
6/26/2012 Item 17.F.
Item Summary: Recommendation to adopt an amendment to the Flood Damage
Prevention Ordinance (FDPO) to address: (1) Federal Emergency Management Agency (FEMA)'s
recent determination that the County's FDPO is not in compliance with the requirements of the
National Flood Insurance Program (NFIP) and (2) recent amendment to the Florida Building
Code.
Meeting Date: 6/26/2012
Prepared By
Name: WileyRobert
Title: Project Manager, Principal,Engineering & Environme
5/31/2012 6:54:31 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 6/13/2012 2:45:44 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 6/13/2012 3:03:48 PM
Name: FrenchJames
Title: Manager - CDES Operations,Operations & Regulatory Management
Date: 6/13/2012 3:12:05 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/13/2012 5:38:42 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 6/14/2012 2:48:53 PM
Name: KlatzkowJeff
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Title: County Attorney
Date: 6/14/2012 3:31:51 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/15/2012 4:57:58 PM
Name: OchsLeo
Title: County Manager
Date: 6/17/2012 4:02:42 AM
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6/26/2012 Item 17.F.
6/26/2012 Item 17.F.
ORDINANCE NO. 2012 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2011 -07, AS AMENDED,
RELATING TO FLOOD DAMAGE PREVENTION, BY
AMENDING SECTION TWO, ACRONYMS AND
DEFINITIONS; SECTION THREE, GENERAL
PROVISIONS; SECTION FIVE, PROVISIONS FOR FLOOD
HAZARD REDUCTION; AND SECTION SIX, VARIANCE
AND APPEALS PROCEDURES, IN ORDER TO COMPLY
WITH THE REGULATIONS AND POLICIES SET FORTH
IN THE STATE OF FLORIDA MODEL FLOOD DAMAGE
PREVENTION ORDINANCE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Collier County Board of County Commissioners (Board) seeks to
protect the health, safety and welfare of the citizens of Collier County; and
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
Provide for the health, welfare and safety of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public including Flood damage
prevention ordinances; and
WHEREAS, the Board has determined that it is in the public interest to adopt the
proposed floodplain management regulations that are coordinated with the Florida Building
Code; and
WHEREAS, the Board had previously adopted a Flood Damage Prevention Ordinance
through Ordinance No. 2011 -07, which was subsequently amended by Ordinance No. 2012 -06;
and
WHEREAS, the Board desires to amend, to the extent applicable, Collier County's
current Flood Damage Prevention Ordinance with the regulations and policies set forth in the
State of Florida Model Flood Damage Prevention Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO SECTION TWO OF ORDINANCE NO. 2011 -071
AS AMENDED.
Section Two is hereby amended as follows:
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SECTION TWO: ACRONYMS AND DEFINITIONS.
A. ACRONYMS
B. DEFINITIONS
6/26/2012 Item 171.
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. All definitions used in this Flood Damage
Prevention Ordinance are only applicable to this Ordinance and do not supersede any other
Land Development Code definitions.
Area of shallow flooding means a designated AO or AH Zone on the community's Flood
Insurance Rate Map (FIRM) with Base flood depths from one to three feet where a
clearly defined channel does not exist, where the path of Flooding is unpredictable and
indeterminate, and where velocity flow may be evident. Such Flooding is characterized by
ponding or sheet flow.
water- is infall and not eeastal surge.
Development permit means, for the purposes of this Ordinance, the local site Development
or Building permit, as applicable, (i.e. any County authorization which must be approved by
the County prior to proceeding with any `'Development "). A review of a development
permit in order to determine compliance with this Ordinance will not result in a separate fee
or review process. Not e�k,er-y Development Per-mit is r-equ4ed to be reviewed iffider- this
Floodway fringe means that area of the one - percent (base or 100 -year) Floodplain on
either side of the Floodway.
Florida Building Code Means the family of codes adopted by the Florida Building
Commission including: Florida Building Code Building; Florida Building Code,
Residential • Florida Building Code Existing Building; Florida Building Code, Mechanical;
Florida Building Code Plumbing Florida Building Code, Fuel Gas.
Functionally dependent use means a use which cannot be used for its intended purpose
unless it is located or carried out in close proximity to water, sueh -as and includes only a
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6/26/2012 Item 17.F.
docking or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding or ship repair. The term does not include long -term storage, manufacture,
sales, or service facilities.
SECTION TWO: AMENDMENTS TO SECTION THREE OF ORDINANCE NO.
2011 -07, AS AMENDED.
Section Three is hereby amended as follows:
SECTION THREE. GENERAL PROVISIONS.
A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Ordinance shall apply to all SFHAs, e eept and includes lowest floor elevation
requirements for non -SFHAs as ethet-Aise noted for Building Lowest Floor and Slab
Minimum Elevations for all areas of Collier County [see Section S(A)(16)], within the
jurisdiction of the Board of County Commissioners of Collier County, Florida
I. PENALTIES FOR VIOLATION.
Violation of the provisions of this Ordinance, including Violation of conditions and
safeguards established in connection with grants of Variance or special exceptions, shall be
punishable as provided in the Collier County Consolidated Code Enforcement Ordinance as
it may be amended or replaced.
J. FLORIDA BUILDING CODE COMPLIANCE
All Development regulated by this Ordinance shall meet or exceed the requirements of the
current Florida Building Code, including the requirements of referenced publications
within the current Florida Building Code. In the event that requirements stated within this
Ordinance conflict with the current Florida Building Code the requirements of the current
Florida Building Code shall supersede.
SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO.
2011 -07, AS AMENDED.
Section Five is hereby amended as follows:
SECTION FIVE: PROVISIONS FOR FLOOD HAZARD REDUCTION.
A. GENERAL STANDARDS.
Underlined text is added; SzFsir Eleeg# text is deleted
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6/26/2012 Item 17. F.
In all SFHA, all Development sites including New construction and Substantial
improvements shall be Reasonably safe from Flooding by meeting the following
provisions:
(1) New construction and Substantial improvements shall be designed or modified and
adequately anchored to prevent flotation, collapse, of and lateral movement of the
Structure resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
(2) New construction and Substantial improvements shall be constructed with materials
and utility equipment resistant to Flood damage as supported by the current Florida
Building Code and FEMA Technical Bulletins;
(3) New construction of and Substantial improvements shall be constructed by methods
and practices that minimize Flood damage, as supported by the current Florida
Building Code and FEMA Technical Bulletins.
(4) Manufactured homes shall be anchored to prevent flotation, collapse, er and lateral
movement. Methods of anchoring may include, but are not limited to, use of over -the-
top or frame ties to ground anchors. This standard shall be in accordance with the
manufacturer's specifications in addition to and consistent with applicable State of
Florida requirements for resisting wind forces; - --
(11) All applicable additional Federal, State of Florida, and local permits shall be obtained
and submitted to the Floodplain Administrator along with the application for
Development permit. Copies of such permits shall be maintained on file with the
Development permit. State of Florida permits may include, but not be limited to the
following (as may be amended or superseded):
(a) South Florida Water Management District: in accordance with Chapter 373.036
Florida Statutes, Section (2)(a) — Flood Protection and Floodplain Management.
(b) Department of GoijunufAty A4ft4s Economic Opportunity: in accordance with
Chapter 380.05, F.S., Areas of Critical State Concern, and Chapter 553, Part IV,
Florida Statutes, Florida Building Code.
(c) Department of Health: in accordance with Chapter 381.0065, Florida Statutes,
Onsite Sewage Treatment and Disposal Systems; and
(d) Department of Environmental Protection, CCCL: in accordance with Chapter
161.053, Florida Statutes, Coastal Construction and Excavation;
Underlined text is added; Stmek- &eu text is deleted
D...... A..Fti
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6/26/2012 Item 17.F.
(16) Building Blear Lowest floor and Slab Minimum Elevations for all areas of Collier ,,,f
County
(a) Plans shall show that construction of the lLowest finished floor meets the
elevation criteria listed below or engineered properly to a site specific design and
certified by a Registered architect or Professional engineer; when conflict exists
between the FIRM Elevation and others, the higher elevation shall be required:
i. FIRM Elevation - the elevation that has been established by the Flood
Insurance Rate Maps (FIRA) Study (FIS).
ii. Paved Road - a minimum of 18 inches above the crown of the nearest street or
interior finished roadway system if finished with paving; in the event that the
nearest street or interior finished roadway system is located on an evacuation
route, a minimum of 18 inches above the crown of the nearest side street; or
iii. Graded or unfinished Road - 24 inches above the crown if graded or othenN ise
unfinished, or
iv. Mean Sea Level — Finished Lowest Ffloors should be no lower than
elevation 5.7 feet in relation to NAVD of 1988 [with an allowable exception
for the bottom of the lowest horizontal structural member of the Lowest floor
of accessory structures within the V -Zones as described in SECTION FIVE
(D)(1 3)(h)1 or - - --
v. Water Management Design -
1. Buildings with projects which have water management routing and
- -
storage facilities designed and -built for a 25 year, 3 -day storm event in
accordance with South Florida Water Management District's criteria may
use a €inishe Lowest floor elevation in accordance with the project's Aftl
water management designed 100 year zero discharge elevation or the
FIRM elevation, whichever is higher.
2. Buildings which are not within projects having water management storage
facilities designed and built for a 25 year, 3 day storm event in accordance
with South Florida Water Management District's criteria shall use a
finished Lowest floor elevation of 18 inches above the adjacent roadway
crown elevation or the FIRM elevation, whichever is higher.
(b) On parcels where unusual topographic conditions exist and the above standard
conditions cannot be reasonably applied, the Building Official will consider
requests to decrease the fiBished Lowest floor elevation. All requests will require
an analysis, by a Professional engineer, of the 25 year, three (3) day storm event
and the 100 year, 3 day storm event using zero discharge, for the entire discharge,
for the entire drainage basin in which the proposed Structure is located.
Reductions may be allowed on the basis of the analysis, but in no case shall the
fined Lowest floor be less than the FIRM.
(c) Slabs for garages, carports, screen enclosures, etc., must be at least equal in
elevation to the crown of the nearest street.
rAWSANdwMa
tag
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6/26/2012 Item 17.F.
B. SPECIFIC STANDARDS.
In all A -Zones where BFE data have been provided [Zones AE, Al -30, A (with BFE), and
AHJ, as set forth in SECTION THREE, B, the following provisions, in addition to those set
forth in SECTION FIVE, A, shall apply:
(1) Residential Construction. All -New construction -of and Substantial improvement of
any residential Building (including Manufactured home) shall have the lowest floor,
including Basement, elevated to no lower than the BFE. Should solid foundation
perimeter walls be used to elevate a Structure, there must be a minimum of two
openings on different sides of each enclosed area sufficient to facilitate automatic
equalization of Flood hydrostatic forces in accordance with standards of SECTION
FIVE, B (3).
(4) Standards for Manufactured Homes and Recreational Vehicles
(a) All Manufactured homes to be placed, or substantially improved within Zones
Al -30, AH, and AE, on sites:
(i) outside of an Existing manufactured home park or subdivision;
(ii) in a New manufactured home park or subdivision;
(iii) in an Expansion to an existing manufactured home park or
subdivision; or
(iv) in an Existing manufactured home park or subdivision on which a
Manufactured home has incurred "Substantial damage" as the result of
a Flood,
the Lowest floor shall be elevated on a permanent foundation to no lower than the
BFE and be securely anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
Underlined text is added; £tfack tkough text is deleted
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B. SPECIFIC STANDARDS.
In all A -Zones where BFE data have been provided [Zones AE, Al -30, A (with BFE), and
AHJ, as set forth in SECTION THREE, B, the following provisions, in addition to those set
forth in SECTION FIVE, A, shall apply:
(1) Residential Construction. All -New construction -of and Substantial improvement of
any residential Building (including Manufactured home) shall have the lowest floor,
including Basement, elevated to no lower than the BFE. Should solid foundation
perimeter walls be used to elevate a Structure, there must be a minimum of two
openings on different sides of each enclosed area sufficient to facilitate automatic
equalization of Flood hydrostatic forces in accordance with standards of SECTION
FIVE, B (3).
(4) Standards for Manufactured Homes and Recreational Vehicles
(a) All Manufactured homes to be placed, or substantially improved within Zones
Al -30, AH, and AE, on sites:
(i) outside of an Existing manufactured home park or subdivision;
(ii) in a New manufactured home park or subdivision;
(iii) in an Expansion to an existing manufactured home park or
subdivision; or
(iv) in an Existing manufactured home park or subdivision on which a
Manufactured home has incurred "Substantial damage" as the result of
a Flood,
the Lowest floor shall be elevated on a permanent foundation to no lower than the
BFE and be securely anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
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6/26/2012 Item 17.F.
(b) All Manufactured homes to be placed or substantially improved in an Existing
manufactured home park or subdivision that are not subject to the provisions of
paragraph 4 (a) of this subsection, must be elevated so that either:
(i) The Lowest floor of the Manufactured home is elevated to no lower than the
BFE, or
(ii) The Manufactured home chassis is supported by reinforced piers, or other
foundation elements of at least an equivalent strength, that are no less than 36
inches in height above the grade and securely anchored to an adequate
foundation system to resist flotation, collapse, and lateral movement.
(iii) Manufactured or component built temporary homes provided by FEMA, the
Florida Division of Emergency Management or the Collier County
Department of Emergency Management or its approved contractor or designee
may provide post disaster emergency temporary Manufactured homes or
similar resources within the Ftoodplain for a period not to exceed eighteen
(18) months unless extended by the Board of County Commissioners.
I. Temporary utility connections for the duration of the Temporary
housing efforts will be allowed in accordance with provisions
authorized by the Building Code Official and
2._ Such housing when provided must have an emergency notification and
evacuation plan in place within 30 days of residency in accordance
with guidelines imposed by the FEMA housing administrator or his
designee.
(c) All Recreational vehicles must either:
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use (a Recreational vehicle is ready
for highway use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices and has no
permanently attached additions), or
(iii) Meet all the requirements for New construction, including anchoring and
elevation requirements in accordance with SECTION FIVE, B (4) (a) and (b).
Underlined text is added; Lek- threug# text is deleted
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6/26/2012 Item 17.F.
(8) Accessory Structures
Accessory uses and Structures support and are subordinate to the use of a parcel and
shall primarily serve those persons regularly and customarily involved with their use
and include only those Structures incidental to a permitted land use located on the
same parcel. Uses identified elsewhere in this Ordinance are not accessory uses.
(a) Accessory structures shall not be used for
living, any other use than parking of vehicles
and storage.
(b) Accessory structures shall be designed to have low Flood damage potential (wet
Floodproofing).
(c) Accessory structures shall be constructed and placed on the Building site so as to
offer the minimum resistance to the flow of Flood waters.
(d) Accessory structures shall be firmly anchored to prevent flotation which may
result in damage to other Structures. This is a mandatory measure, pursuant to
44CFR Section- 60.3(a)(3)(i)
(e) Service facilities such as electrical and heating equipment shall be elevated at or
above the BFE or Floodproofed.
(f) Openings to automatically equalize flood hydrostatic
forces on exterior walls during the Base a Flood shall be provided below BFE in
conformance with 44CFR Section 60.3(c)(5).
(g) Steel ISO 10'- 20'40' Storage Containers may be positioned on the earth and
anchored as described in SECTION FIVE A (4) above, or secured to piers.
(h) Vertical tool sheds and storage Buildings may be positioned on the earth and shall
be anchored as described in SECTION FIVE A (4), above, or secured to piers.
C. SPECIFIC STANDARDS FOR A -ZONES WITHOUT BASE FLOOD ELEVATIONS
AND REGULATORY FLOODWAYS.
Located within the SFHA established in SECTION THREE, B, where there exist A -Zones
for which no BFE data and Regulatory floodway have been provided or designated by
FEMA, the following provisions shall apply:
(1) Require standards of SECTION FIVE, A.
(4) Notify, in Riverine situations, adjacent communities, the State of Florida, Department
of Economic Opportunity, Division of Emergency Management -
NFIP Coordinating Office, and the South Florida Water Management District prior to
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6/26/2012 Item 17.F.
any alteration or relocation of a Watercourse, and submit copies of such notifications
to FEMA.
(7) When the data is not available from any source, including data developed pursuant to
SECTION FIVE, C (2), of this Ordinance, the lowest floor of the Structure shall be
elevated to no lower than four feet above the Highest adjacent grade or WSWT,
whichever is higher, OR if utilizing a pressurized septic design, engineering
justifications, considering adjacent Flood elevations and other applicable criteria, may
be presented to the Floodplain Administrator for consideration of a lowered floor
elevation, but in no case can the finished Lowest floor be less than three feet above the
Highest adjacent grade or WSWT, whichever is higher. Standards set forth in
SECTION FIVE, B, shall apply.
D. SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD AREAS (V- ZONES).
Located within the SFHA established in SECTION THREE, B, are Coastal high hazard
areas, designated as Zones VI-30, VE, or V (with BFE). The following provisions shall
apply:
- -(1) Meet the standards of SECTION FOUR; A, and SECTION FIVE, A, B (except B {7));
and C, and D.
�C 7E �c X 7�C YE
SECTION FOUR: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2011-07,
AS AMENDED.
Section Six is hereby amended as follows:
SECTION SIX: VARIANCE AND APPEALS PROCEDURES,
D. CONDITIONS FOR VARIANCES.
(1) 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 BFE, in conformance with the
procedures of Paragraphs (3), (4), (5) and (6) of this Sub - section D.
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6/26/2012 Item 17.F.
(2) Variances may be issued for New construction and Substantial improvements and
for other Development necessary for the conduct of a Functionally dependent use
provided that
a) The criteria of Sub - section F, and Paragraphs (1), (3) and (4) of this Sub - section D
are met, and
b) The Structure or other Development is protected by methods that minimize
Flood damages during the Base flood and create no additional threats to Public
safety.
(3) Variances shall only be issued when there is:
a) A showing of good and sufficient cause;
b) A determination that failure to grant the Variance would result in exceptional
Hardship; and
c) A determination that the granting of a Variance will not result in increased Flood
heights, additional threats to Public safety or extraordinary public expense, cause
fraud on or victimization of the public, or conflict with existing local laws or
ordinances,
(4) Variances shall only be issued upon a determination that the Variance is the minimum
necessary deviation from the requirements of this Ordinance, considering the Flood
hazard, to afford relief.
(5) The County Manager shall maintain the records of all Variance actions and report any
Variances to the Federal Insurance Administration upon request.
(6) Any applicant to whom a Variance is granted shall be given written notice that D
when a Structure is permitted to be built with the ILowest hie floor elevation
below the BFE the cost of Flood insurance Nvill be commensurate with the increased
risk resulting from the redueed ILowest habitable floor eleva4ie . floor being Rlaced
below the Base flood elevation.
(7) Upon consideration of the factors listed above and the purpose 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.
E. HISTORIC STRUCTURES.
Variances may be issued for the r-eeenstruetio repair or rehabilitation of
Historic StmetWes structures listed r the National Register -f sT� �^es or the
Won a determination that the proposed repair or rehabilitation will not preclude the
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6/26/2012 Item 17.F
structure's continued designation as a Historic structure and the variance is the minimum
necessary deviation from the requirements of this Ordinance to preserve the historic
character and design of the structure.
F. STRUCTURES IN REGULATORY FLOODWAY.
Variances shall not be issued within any designated Floodway if any impact in Flood
conditions or increase in Flood levels during the Base flood discharge would result.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The Sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION SIX: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase -or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SEVEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of , 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jennifer W.
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
Underlined text is added; l "ck &aug text is deleted
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