Ordinance 80-023 ORP~NA.,~ICE .0. 80- ~ ,,.
AN ORDINANCE AMENDING ORDINANCE NO. 79-62, THE COLLIER
COUNTY FLOOD DAMAGE PREVENTION ORDINANCE BY AMENDING
SECTION (5) TO PROVIDE SEPARATE DEFINITIONS FOR EXIS'
TING MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS;
AMENDING SECTION 11(4) OF SAID ORDINANCE TO PROHIBIT
FLOOD PROOFING IN VELOCITY (V) ZONES AND AMENDING
SECTION 12(1)(e)(~l) OF SAID ORDINANCE AS RELATES TO
SPECIFIC STANDARDS IN (V) ZONES; APPEAL PR0CEDURE~
ENFORCEMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County has adopted Ordinance No. 79-62
in order to continue participation in a program designed to
protect lives and new construction from future flooding and
to insure the increased safety of its citizens from future
flooding; and
WHEREAS, Collier County Ordinance No. 79-62 was sub-
mitted to the Federal Emergency Management Agency for
review; and
%~EREAS, Collier County has been notified by said
Federal agency of language within Ordinance No. 79-62 that
could jeopardize Collier County's continued participation in
a National Flood Insurance Program;
WHEREAS, the definition of "Existing Mobile Home Park
or Mobile Home Subdivision" within Ordinance No. 79-62 has
created uncertainty in the application of the standards fo~
flood damage protection; ~
Now THEREPORE. BE IT ORD^I D BY BOARD OF
COMMISSIONERS THAT:
Section 1. A definition in Section 5 of Collier
County Ordinance No. 79-62 styled "Existing Mobile }{ome~ark
or Mobile Home Subdivision" is hereby repealed and the
following definitions are substituted therefor.
"Existin~ 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 servic-
ing 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) is completed before the effective
date of this Ordinance.
"Existin~ Mobile l{ome Subdivision" means a parcel (or
contiguous parcels) of land divided into two or more mobile
home lots for sale for which the construction of facilities
for servicinE 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) is completed before the
effective date of this Ordinance.
Section 2. Section 11(4) of Collier County Ordinance
No. 79-62 is hereby amended to read as follows in order to
prohibit flood proofing in velocity (V) zones:
(&) Non-residential Construction - New Construction and
substantial improvements of non-residential structures
shall, (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 waterproofed with
walls substantially impermeable to the passage of
water and with structura~ components having the capa-
bility of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. Flood proofing is prohibited
in th- 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.
Section 3. Amend Section 12, (1), (e), (vi) of Ordinance
No. 79-62 to read as follows:
(vi) Any alteration, repair, reconstruction or improve-
ments to the structure started after the enactment
of this ordinance shall not enclose the space below
the lowest floor except that loose fill may be
used {n accordance with SECTION 12,(1),(b) of
this ordinance.
Section 4. Variance Procedures. The procedure for
questing a variance from these requirements shall be the
same as those embodied within Section 18. of Ordinance No. 79-62.
Section 5. Appeal. Procedure. Any appeal by any ag§tiered
person by any of the requirements of this Ordinance shall be
the same as those provided in Section 17. of Ordinance No. 79-62.
Section 6. Severability. It is declared to be thc intent
of the Board of County Coramissioners that if any section, sub-
section, sentence, clause, phrase or provision of this Ordinance
is held invalid or unconstitutional, such invalidation or uncon-
stitutionality shall not be so construed as to render invalid or
unconstitutional the resin provision of this Ordinance.
Section 7. Effective Date. ~iis Ordinance shall become
effective upon receipt of notice that it has been filed with
the Secretary of State.
PASSED AND DULY ADOPTED this
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12th day of . Febr~mry'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Clif~d Wenzel ,~hairman
STATE OF FLORIDA )
· .'CXlJNTY OF COLLIER
I, WILLIAH J. RFACvkN, Clerk of Courts in and for the l%,~ntieth Judicial
Circuit, Collier County, Florida, do hereby certify 'that the foregoing is a
true original of:
ORDINANCE ND. 80-25
which was adopted by the Board of County Conmtssioners durin~ ReDilar Session
February 12, 1980.
I~'ITNESS m), hand and the official seal of the Board of County Commissioners
of Collier County, Florida, this lSth day of February, 1980.
Clerk of Courts and Clerk'"'
Fx-officto to Board of? . : ..
County ~om~t ss loners
This ordinance filed with the Secretary of State's O¢fice the ].9th day ot~,.' '" .
February, 1980 and acknowledgement of that filin~ received this 22nd day
February, 1980. ~~.~ .~~
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