LEE COUNTY ORDINANCE NO

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1 ~ ~ ~ -~~~ -., BY ORDINANCE 8 qb-0 k :.. L_ ola 'AMENDED 47 LEE COUNTY ORDINANCE NO AN ORDINANCE ADOPTING FLOOD PLAIN MANAGEMENT REGULATIONS TO PROVIDE FOR THE PROTECTION OF PERSONS AND PROPERTY WITHIN THE UNINCORPORATED AREA OF LEE COUNTY; LANDS TO WHICH THIS ORDINANCE APPLIES; PROVIDING FOR SIGNIFICANT REVISIONS FOR PLACEMENT OF MANUFACTURED HOMES AND RECREATIONAL VEHICLES IN EXISTING PARKS AND SUBDIVISIONS: PROVIDING FOR STATUTORY AUTHORIZATION. FINDINGS OF FACT, PURPOSE AND OBJECTIVES; PROVIDING DEFINITIONS: PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR ITS ADMINISTRATION; PROVIDING FOR VARIANCE RELIEF: PROVIDING PROCEDURE FOR APPEAL; PROVIDING FOR FLOOD HAZARD REDUCTION: PROVIDING FOR STANDARDS FOR COASTAL HIGH HAZARD AREAS: -. PROVIDING - - ~ ~ FOR STANDARDS FOR ~ STREAMS, SUBDIVISIONS AND AREAS OF SHALLOW FLOODING: PROVIDING FOR CONFLICTS; CLAUSE PROVIDING FOR INCLUSION IN CODE; PROVIDING SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. SECTION ONE: STATUTORY AUTHORIZATION, FINDINGS OF FACT. PURPOSE AND OBJECTIVES A. STATUTORY AUTHORIZATION The Legislature of the State of Florida has in Chapter (g) (h) and (j) delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety. and general welfare of its citizenry. B. - FINDING OF FACT (1) The flood hazard areas of the unincorporated area of Lee County are subject to periodic inundation which may result in the loss of life and property. as we11 as 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 adversely affect the public health. safety and general welfare.

2 (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 uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages. C. 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 to: (1) restrict or prohibit 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) require that uses vulnerable to floods, including facilities which serve such uses. be protected against flood damage at the time of initial construction; (3) control the alteration of natural flood p1.ains. stream channels. and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling. grading, dredging and other development which may increase erosion or flood damage; and (5) prevent or regulate the' construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, D. OBJECTIVES The objectives of this Ordinance are: (1) to protect human life and health; (2) to minimize expenditure of public money for costly 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-

3 (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 flood plains; (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; and. (7) to insure that potential home buyers are notified that their property is in a flood area. SECTION TWO: DEFINITIONS Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them meaning they have in common usage and to give this Ordinance its most reasonable application. "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 load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction. "Appeal" means a request for a review of the Flood Insurance Coordinator's interpretation of any provision of this Ordinance or request for a variance. "Area of Shallow Flooding" means a designated A0 or VO Zone on Lee County's Flood Insurance Rate Map (FIRM) with basic 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. "Area of Special Flood Hazard1' is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. "Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year. "BasementM means that portion of a building having its floor subgrade (below gr'ound level) on all sides.. "Breakaway Walls" mean any type of walls. whether solid or lattice. and whether constructed of con~rete, masonry, wood, metal. plastic. or any other sultable building materials which are not part of the

4 structural support of the building and which are so designed and constructed to collapse under specific lateral loading forces without causing damage to the elevated portion of the buildings or the supporti.ng foundation system on which they are used. nbuilding'l means any structure built for support. shelter. or enclosure for any occupancy or storage. "Coastal High Hazard Area" means the area subject to high velocity waters caused by but not limited to. hurricane wave wash or Tsunami's. The area is designated on the FIRM for Lee County as Zone VI-V30. VE Or V. "Coordinator" shall mean the Lee County Flood Insurance Coordinator who is the Director of the Division of Codes and Building Services or his designee, who is hereby designated by the Board of County Commissioners of Lee County. Florida to implement, administer and enforce the provisions of this Ordinance. "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. "Elevated Building' means a non-basement building built to have the lowest floor elevated above the ground level by means of fill. solid foundation perimeter walls, pilings, columns (posts and piers) or shear walls. "Existing Manufactured Home Park or Manufactured Mome Subdivision" means a parcel or contiguous parcels of land divided into two or more manufactured home lots or sites for rent or sale for which the construction. of facilities for servicing the lot or site on which the manufactured home is 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) completed prior to August "Expansion to an Existing Manufactured Mome Park or Manufactured Mome Subdivision" means the preparation of additional sites by the construction of facilities for servicing the sites on which the 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).

5 NFlood" 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 Hazard Boundary Map (FHDM)" means the official map of the unincorporated area of Lee County issued by the Federal Emergency Management Agency. where the boundaries of the areas of special flood hazard have been delineated as Zone A. "Flood Insurance Rate Map (FIRM)" means the official map of the unincorporated areas of Lee County on file with the Coordinator, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to Lee County. "Flood Insurance Study" is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as we11 as the Flood Boundary-Floodway Map and the water surface elevation of the base flood. "Floodway" means the channel of a river oc 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. "Floor" means the top surface of an enclosed area in a building (including basement). i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used for parking vehicles. "Functionally Dependent Facility" means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding. ship repair. or seafood processing facilities. The term does not include long-term storage, manufacture, sa.les, or service facilities. "tlighest Adjacent Grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

6 "Historic Structure" means any structure that is: (a) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register: (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior: or (d) Individually listed on a local inventory of historic places upon the Lee County Historic Preservation Ordinance becoming certified either (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs. "Mangrove Stand" means an assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: Black Mangrove (Avicennia Nitida); Red Mangrove (Rhizaphora Mangle) : White Mangrove (Languncularia Racemosa): and Buttonwood (Conocarpus Erecta). "Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the flood plain. For purposes of this Ordinance. the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or other datum. to which base flood elevations shown on the Lee County Flood Insurance Rate Map are referenced., "Manufactuced Home" means a structure. transportable in cne or more sections. which is built on a permanent chassis and designed to be used with or without a

7 permanent foundation when connected to the required utilities.* This definition includes "mobile homes", as defined in Section (2), Florida Statutes but does not include a "recreational vehicle". as defined in Chapter 320, Florida Statutes. "National Geodetic Verticle Datum (NGVD)" as corrected in is a vertical control used as a reference for establishing varying elevations within the floodplain. "New Construction" means structures for which the "start of constru~tion~~ commenced on or after the effective date of the Flood Plain Management Regulation adopted by the County and includes any subsequent improvements to such structures. "New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after August 31, "Recreational Vehicle" means a vehicle which is: (a) built of a single chassis; (b) 500 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel. or seasonal use. This term includes park trailers and similar vehicles. as defined in Chapter 320, Florida Statutes. "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. Footnote: *However, a manufactured home is not a manufactured building as defined in Chapter 553, Part IV. Florida Statutes. -7-

8 "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. "Registered Professional Land Surveyor" means a land surveyor registered and/or licensed by the State of Florida to practice land surveying in Florida or who is authorized by the State of Florida to practice surveying in Florida under a reciprocal registration or licensing agreement with another State. "Reinforced Pier" means a system designed and sealed by a Florida registered architect or engineer which is an integral part of a foundation and anchoring system for the permanent installation of a manufactured home or recreational vehicle. as applicable, so as to prevent flotation, collapse or lateral movement of the manufactured home or recreational vehicle due to flood forces. At a minimum a "reinforced pier" would have. a footing adequate to support the weight of the manufactured home or recreational vehicle under saturated soil conditions such as occur during a flood. In areas subject to high velocity floodwaters and debris impact, cast-in-place reinforced concrete piers may be appropriate. Nothing herein shall prevent a design which uses pilings. compacted fill or any other method as long as the minimum flood and wind standards are met. "Sand Dunesu means naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Start of Constructionw (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L ). includes substantial improvement, and means the date the building permit was issued, provided the actual start o f construction. repair, reconstruction, rehabilitation, addition, 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 pouring 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 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 -8-

9 or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual starc of construction means the first alteration of any wall. ceiling, floor, or other structural part of a building. whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground, as we11 as a manufactured home.. "Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial Improvement" means any reconstruction, rehabilitation, addition or other improvements to.a structure. cost of which equals or exceeds a cumulative total of fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however. include either any project for improvement of a structure to correct existing violations of state or local health. sanitary, or safety code specifications which have been i.dentified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or any alteration of a "historic structureo9, provided that the alteration does not cause the structure to lose its historic designation. "Variance" is a grant of relief to a person from the requirements of this Ordinance which permits construction in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. SECTION THREE: GENERAL PROVISIONS A. LANDS TO WHICH THIS ORDINANCE APPLIES This Ordinance shall dpply to all areas of special flood hazard within the unincorporated areas of Lee County within the jurisdiction of the Lee County Board of County Commissioners. These areas have been designated on the Flood Hazard Boundary Map (FHBM) on file with the Coordinator and the Clerk to the Board of County commissioners of Lee County, Florida.

10 B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Hazard Boundary Map FHBM No. H , dated October , and any revisions thereto are adopted by reference and declared to be a part of this Ordinance. The Flood Insurance Study for the unincorporated areas of Lee County, Florida dated June 15, 1984, with accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto, is hereby adopted by reference and declared to be part of this Ordinance. C. ESTABLISHMENT OF FLOOD PLAIN DEVELOPMENT PERMIT A Flood Plain Development Permit shall be required in conformance with the provisions of this Ordinance prior to the commencement of any development on land located within the areas of special flood hazards. D. COMPLIANCE No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations. E. ABROGATION AND GREATER RESTRICTIONS This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, deed restrictions, or the coastal construction codes for Lee County. However, where this Ordinance and any other ordinance, regulation or coastal construction code conflict or overlap, whichever imposes the more stringent restriction shall prevail. F. INTERPRETATION 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. G. 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

11 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 hazard or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the Board of County Commissioners of Lee County, Florida, 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. H. PENALTIES FOR VIOLATION Any person violating any provisions of this Ordinance shall be prosecuted and punished as provided by law. For each and every day that such violation continues, it shall be considered as a separate offense and the violator shall be prosecuted and punished as provided by law. Persons charged with such violations may include the owner. agent. lessees, tenant or contractor using the land. structure or premises where such violation has been committed or shall exist, or any person who knowingly commits, takes part or assists in such violation or any who maintains any land, building or premises in which said violation shall exist. In addition to the penalties and enforcement procedures provided above, the violation of any of the registrations, restrictions and limitations promulgated under the provisions of this Ordinance may be restricted by injunction, including a mandatory injunction, and otherwise abated in any manner provided by law. and such suit or action may be instituted and maintained by the Lee County Board of County Commissioners, or by any person affected by the violation of such regulations, restrictions or limitations. SECTION FOUR: ADMINISTRATION A. DESIGNATION OF LEE COUNTY FLOOD INSURANCE COORDINATOR The Lee County Flood Insurance Coordinator hereinafter referred to as Coordinator is hereby appointed to administer and implement the provisions of this Ordinance. B. PERMIT PROCEDURES Application for a Flood Plain Development Permit shall be made to the Coordinator on forms furnished by him or her prior to beginning any development within any

12 area of special flood hazard. and may include but not be limited to the following: plans in duplicate. 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. Specifically, the following information is required: (1) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all stcuctures: (2) Elevation in relation to mean sea level to which any non-residential structure wi 11 be flood-proofed: (3) Provide a certificate from a registered professional engineer or architect that the non-residential flood-proofed structure meets the flood-proofing criteria in Section 5, Subsection B(2): (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development: and (5) Provide a floor elevation or flood-proofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas. after placement of the horizontal structural members of the lowest floor. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or flood-proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor. whichever is applicable, it shall be the duty of the permit holder to submit to the Coordinator a. certification of the elevation of the lowest floor, flood-proofed elevation or the elevation of the lowest portion of the horizontal structural members of the lowest floor. whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done -12-

13 within the twenty-one-day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Coordinator shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder 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. C. DUTIES AND RESPONSIBILITIES OF THE COORDINATOR The duties of the Coordinator shall include, but not be limited to: (1) Review all development permits to assure that the permit requirements of this Ordinance have been satisfied: (2) Review all development permits to determine that all necessary permits have been obtained from those federal, state or local government agencies from which prior approval is required: (3) Notify adjacent communities and the Florida State Department of Community Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished: (5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially. improved structures, in accordance with this Ordinance: (6) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood-proofed, in accordance with this Ordinance; (7) In Coastal High Hazard Areas certification shall be obtained from a registered professional engineer or architect that the structure is securelv anchored to adeauatelv anchored ~ilinas or col&ns in order to withstand velocity'wateis and hurricane wave wash;

14 In Coastal High Hazard Areas. the Coordinator shall review plans for the adequacy of breakaway walls in accordance with this Ordinance: When flood-proofing is utilized for a particular structure, the Coordinator shall obtain certification from a registered professional engineer or architect: Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example. where there appears to be a conflict between a mapped boundary and actual field conditions) the Coordinator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Ordinance: When base flood elevation data has not been provided in accordance with Section 3, Subsection 8, then the Coordinator shall obtain, review, and reasonably utilize base flood elevation data available from a federal, state or other source, in order to administer the provisions of Section 5 of this Ordinance; and All records and/or maps pertaining to the provisions of this Ordinance shall be maintained in the Office of the Coordinator and shall be open for public inspection. :At PROCEDURE The Lee County Construction Board of Adjustment and Appeals established by Lee County Ordinance Number as amended, shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made - to the Coordinator in the enforcement or administration of this Ordinance. The applicant may. within ten (10) working days of the Coordinator's decision, file an appeal to the Board of Adjustment and Appeals on such form as the Coordinator or his designee may provide. Any person aggrieved by a decision of the Board of Adjustment and Appeals may seek whatever remedy is available in the Court having jurisdiction.

15 E. VARIANCE PROCEDURE (1) The Lee County Construction Board of Adjustment and Appeals shall hear and is hereby authorized to gcant variances from base flood elevation requirements upon a clear showing by the applicant that an exceptional hardship would result from compliance with the requirements. Variances shall only be granted upon a determination by the Board of Adjustment and Appeals. based upon competent substantial evidence presented by the applicant, that: (a) It will not result in increased flood neights. additional threats to public safety, extraordinary public expense. create nuisances, cause fraud on or victimization of the public. or conflict with existing regulations or ordinances: and (b) The lot or parcel in question is so small or has such unusual characteristics that the prescribed standards cannot be met without some relief so as to allow a reasonable use of the property. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary. considering the flood hazard, to afford relief; (3) If a variance is granted, the Coordinator shall notify the applicant in writing, that: (a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $ of insurance coverage; and (b) Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance action. (4) Variances may be issued by the Board of Adjustment and Appeals for repair 0 r rehabilitation of' historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

16 (5) An application for a variance from the terms of this Ordinance shall be submitted to the Coordinator or his designee on such forms as may be provided. The request for a variance shall be scheduled on the Board of Adjustment and Appeal's agenda: (6) A variance is a deviation from the exact terms and conditions of this Ordinance. The variance shall be the minimum deviation necessary to provide relief to the property owner: (7) In passing upon such applications. the Board of Adjustment and Appeals shall consider all technical evaluations, all relevant factors, all standards specified in this Ordinance: and: (a) (b) (c) the danger that materials may be swept onto other lands to the injury of others: the danger to life and property due to flooding or erosion damage: 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, in the case of a functionally dependent facility; (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 comprehensive plan and flood plain management program for that area: (i) the safety of access to the property in times of flood for ordinary and emergency vehicles: (j) 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; and,

17 (k) the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas. electrical, and water systems, and streets and bridges. (8) Upon consideration of the factors listed above and purposes of this Ordinance, the Board of Adjustment and Appeals may attach such conditions to the granting of vari.ances as it deems necessary to further the purposes of this Ordinance; (9) Any aggrieved person may, within thirty (30) calendar days after the Board of Adjustment and Appeals decision, apply to the Circuit Court for relief. but not thereafter, pursuant to the Florida Rules of Appellate Procedure. (10) The Coordinator shall report any variances to the Federal Insurance Administrator upon request. SECTION FIVE: PROVISIONS FOR FLOOD HAZARD REDUCTION A. GENERAL STANDARDS In all areas of special flood hazard the following provisions are required: (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movoment of the structure: (2) Man~ifactured homes shall be anchored to prevent flotation, collapse, o r 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 addition to and consistent with applicable state requirements for resisting wind forces. (3) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (4) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood' damage: (5) Electrical. heating, ventilation, plumbing. air conditioning equipment, and other service facilities shall be designed and/or located so as

18 to prevent water from entering or accumulating within the components during conditions of flooding. Utility equipment shall be exempt from this requirement as long as the utility company which owns the equipment accepts the sole responsibility for any flood damage to the equipment by filing written acceptance of such responsibility with the local Building Director prior to claiming said exemption. (6) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. (8) New and replacement on-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; and (9) Any alteration, repair. reconstruction, or improvements to a structure which is in compliance with the provisions of this Ordinance, shall meet the requirements of "new construction" as contained in this Ordinance. 8. SPECIFIC STANDARDS In all areas of special flood hazard where base flood elevation data has been provided, as set forth in this Ordinance, the following provisions are required. (1) Residential Construction - New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the "base flood". elevation. This shall apply to manufactured homes that are to be placed or substantially improved on sites in a new manufactured home park or subdivision, in an expansion of an existing manufactured home park or subdivision, in an existing manufactured home park or subdivision on which a manufact~~red home on that specific site has incurred substantial damage as a result of a flood. and outside of a manufactured home park or subdivision. Should solid foundation perimeter walls be used to elevate a structure. openings sufficient to facilitate the unimpeded movements of flood waters shall be provlded in accordance - with standards of section 5B(3).

19 (a) Manufactured homes to be placed or substantially improved on a site located in an existing manufactured home park or subdivision that are not subject to the provisions of Section 5.B.(1) must be elevated so that either the lowest floor of the manufactured home is at or above the base flood elevation or the manufactured home chassis is supported by reinforced piers (or other foundation elements of at least equivalent strength) thal are no less than 36 inches in height above grade and shall comply with Section 5A(2) of this Ordinance. (b) Recreational vehicles are not subject to the provisions of Section 5B(1) if placed on site for fewer than 180 consecutive days or 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 devises, and has no permanently attached additions. Any recreational vehicle which cannot be placed on site pursuant to the criteria set forth above in Section 5B(l)(b) shall be required to comply with Sections 5B(1) and 5A(2) of this Ordinance unless or until Lee County becomes an approved community for an exception to this rule. If an exception is approved by the Administrator for the NFIP, a recreational vehicle which cannot be placed on site pursuant to the above criteria shall be subject to the provisions set forth in Sections 5B(1) or 5B(l)(a), as applicable, for manufactured homes. Proof that an exception has been granted to the County by the Administrator shall be upon the County's receipt of written notice. (2) Non-Residential Construction - New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the base flood elevation or, together with attendant utility and

20 sanitary facilities, be flood-proofed so that below the base flood level the structure is water tight and 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. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Coordinator. (3) Elevated Buildings - New construction or substantial improvements of elevated buildings that are usable solely for parking of vehicles, building access or storage which include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (i) Provide a minimum of two openings having a total net area of not area of not less than one square inch for every square foot of enclosed area subject to flooding. (ii) The bottom of all openings shall be no higher than one foot above grade: and, (iii) Openings may be equipped with screens, louvers. valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. (b) Electrical, plumbing. and other utility connections are prohibited below the base flood elevation. (c) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator): and

21 (d) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (4) Floodways - Located within areas of special flood hazard established in Section 38, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply: (a) Prohibit encroachments, including fill. new construction, substantial improvements and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. (b) If Section SB(4)(a) is sat.isfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5. (c) Prohibit the placement of manufactured homes and recreational vehicles. except in an existing manufactured home or recreational vehicle park or subdivision. A replacement manufactured home or recreational vehicle may be placed on a lot in an existing manufactured home or recreational vehicle park or subdivision provided the anchoring standards of Section 5A(2). and the elevation standards of Section 5B(1). (a) or (b), as applicable. are met. New or expanded manufactured home or recreational vehicle parks or subdivisions are prohibited. until such time. if ever. that Lee Plan Policy is amended or repealed so as to allow such new or expanded manufactured home or recreational vehicle development. (5) Accessory Structures - Accessory structures may be exempted from meeting the elevation requirements only i.f: (a) the structure is securely anchored to resist flotation or lateral movement; and (b) the total cost of the structure does not exceed $8,000.00; and -21-

22 (c) the structure is used exclusively for non-habitable recreational, security and/or storage purposes: and (d) all electrical or heating equipment is elevated above the base flood elevation or flood proofed; and (e) for accessory structures located in Coastal High Hazard (V) Zones, breakaway walls are used below the base flood elevation; or (f) the accessory structure is exempt from elevation pursuant to Section 5.B(1). (6) Coastal High Hazard Areas (V) Zones - Located within the areas of special flood hazard as designated in this Ordinance are areas designated as Coastal High Hazard Areas. These areas have special flood hazards associated with wave wash; therefore, the following additional provisions shall apply: (a) All new construction shall be located landward of the reach of the mean high tide. (b) All new construction and substantial improvement shall be elevated so that the lowest supporting horizontal member (excluding pilings or columns) is located at or above the base flood elevation level. with all space below the lowest supporting member open so as not to impede the flow of water. '~reakaway walls may be permitted and must be designed to wash away in the event of abnormal wave action and in accordance with Section 5B(6)(h). (c) All new construction and substantial improvements shall be securely anchored on pilings or columns. (d) All pilings and columns and the attached structures shall be anchored to resist flotation, collapse. and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. The anchoring and support system shall be designed with wind and water loading values which equal or exceed the 100 year mean recurrence interval (one percent annual chance flood).

23 (e) Compliance with provisions contained in Section 5D(6)(b). (c), and (d) shall be certified by a professional engineer or architect. ( 1 There shall be no fill used as structural support. (9) There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. (h) Non-supporting breakaway walls, lattice work or decorative screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to hreak away, under abnormally high tides or wave action, without damage to the structural integrity of the building on whi.ch they are to be used and provided the following design specifications are met: (1) Design safe loading resistance of each wall shall be not less than 10 nor more that 20 pounds per square foot: or (2) If more than 20 pounds per square foot, a registered professional engineer or architect shall certify that the design wall collapse would result from a water load less than that which would occur during the base flood event. and 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 and water loads acting simultaneously on a 11 building components during the base flood. event. Water loading values to be used in this determination shall each have one percent chance of being equalled or exceeded in any given year (100-year mean recurrence interval). Wind loading values shall be those required by local and state law. (i) If breakaway' walls are utilized, such enclosed space shall not be rl~ed for human habitation; but shall be designed to be used only for parking of vehicles. building access, or limited storage of maintenance equipment used in connection with the premises.

24 (j) Prior to construction, plans for any structure that will have breakaway walls must be submitted to the Coordinator for approval. (k) Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except with breakaway walls. as provided for in Section 58, Subsection (6)(h) and (i). (1) Prohibit the placement of manufact~~red homes or recreational vehicles, except in an existing manufactured home or recreational vehicle park or subdivision. A replacement manufactured home or recreational vehicle may be placed on a lot in an existing manufactured home or recreational vehicle park or subdivision provided the anchoring standards of Section 5A(2). and the elevation standards of Section 5B(1) (a) or (b) as applicable are met. New or expanded manufactured home or recreational vehicle parks or subdivisions are prohibited until such time, if ever, that Lee Plan Policy is amended or repealed so as to allow such new or expanded manufactured home or recreational vehicle development. C. STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODWAYS Located within the areas of special flood hazard where small streams exist but where no base flood data has been provided or where no floodways have been provided, the following provisions apply: (1) No encroachments, including fill material or structures, shall be located within a distance from the stream bank equal to two times the width of the stream at the top of bank or fifty feet on each side from top of bank, whichever is greater. unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) New construction or substantial improvements of structures shall be elevated or flood-proofed in accordance with elevations established in accordance with Section 4 C (11).

25 D. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals shall be consistent with the need to minimize flood damage. (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of fifty lots or five acres. E. STANDARDS FOR AREAS OF SHALLOW FLOODING (A0 ZONES) Located within the areas of special flood hazard established in Section 3B. are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet - 3 where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated, at least two (2) feet above the highest adjacent grade. (2) All new construction and substantial improvements of non-residential structures shall: (a) have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement shall be elevated at least two (2) feet above the highest adjacent grade, or; (b) together with attendant utility and sanitary facilities be completely flood-proofed to or -25-

26 SECTION SIX: CONFLICT CLAUSE above that level so that any space below that level is 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. Whenever the requirements or provisions of this Ordinance are in conflict with the requirements or provisions of any other lawfully adopted Ordinance, the most restrictive shall apply. SECTION SEVEN: INCLUSION IN CODE It is the intention of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Lee County Code; and that the sections of this Ordinance may be renumbered or relettered and the word "ordinancen may be changed to "~ection,~ "article," or such other appropriate word or phrase in order to accomplish such intentions. SECTION EIGHT: SEVERABILITY The provisions of this Ordinance are severable and it is the intention to confer the whole or any part of the powers herein provided. If any of the provisions of this Ordinance shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining provisions of this Ordinance. It is hereby declared to be the legislative intent that this Ordinance would have been adopted had such unconstitutional provision not been included therein. SECTION NINE: REPEALER Lee County Ordinances 84-17, and are hereby repealed and declared null and void and of no effect except for - any such building permit which had been issued prior to the effective date of this Ordinance. SECTION TEN: EFFECTIVE DATE This Ordinance shall become effective on May THE FOREGOING ORDINANCE was offered by Commissioner Judah, who moved its adoption. The motion was seconded by Commissioner Fussell and, being 'put to a vote. the vote was as follows: