County regulations in such circumstances do not take into account modern FEMA elevation requirements
At Sarasota County Commissioner Mark Smith’s request — with full support from his board colleagues — county staff will prepare a report on a potential zoning code change that would take into account modern elevation requirements in floodplains.
During remarks as part of the Feb. 10 Board Reports segment of the commission meeting, Smith pointed out that Section 124-282(3)a of the county’s Unified Development Code (UDC) says that a residential multi-family structure that has to be demolished because of extensive storm damage can be built back with the same number of units. However, Smith stressed, the UDC — which contains all of the county’s land-use and zoning regulations — dictates that the new structure can be no taller than the original one.
Section 124-282 of the County Code applies to what staff calls “nonconforming structures,” meaning that they do not comply with the current county construction standards.
“My recommendation,” he continued, “is that we revise that [wording in the UDC] to ‘the height allowed in the zoning code [for the specific district].’ ”
Smith, a long-time Siesta Key architect, explained that he had a client whose residential multi-family building with four dwelling units in it suffered damage during the 2024 storm season that exceeded 50% of the structure’s value. Under the guidelines of the Federal Emergency Management Agency (FEMA), the new building must meet current Building Code standards, including the necessary elevation for the flood zone in which it will stand.
His client’s building dates to the 1970s, Smith noted.
The zoning determination that the client had received from county staff, Smith continued, called for the new structure to be the same height as the original building. Yet, he noted, “We obviously build a little higher now.”
He would like a report from county staff on the issue and then the scheduling of a discussion of the report, Smith added.
With none of his colleagues disagreeing with the idea, Smith made a motion that laid out the direction to staff, and Commissioner Joe Neunder seconded it.
The motion passed unanimously.
County Administrator Jonathan Lewis has said in the past that it typically takes staff 30 days to complete reports that the board members request.