O-2018-16I ORDINANCE NO. 2018 -16
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3 AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES
4 VILLAGE, FLORIDA, RELATING TO ZONING; APPENDIX "A ",
5 AMENDING ARTICLE V, "SUPPLEMENTARY REGULATIONS ",
6 DIVISION 3 "HEIGHT REGULATIONS ", SECTION 508 "FINISHED
7 GRADE OF PLOT "; PROVIDING FOR CONFLICT, CODIFICATION,
8 SEVERABILITY AND AN EFFECTIVE DATE.
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10 WHEREAS, on May 7, 2013, the Village Council adopted Ordinance 700 -13,
11 which established the regulations of the Village's Land Development Code (LDC); and
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13 WHEREAS, together with the Planning Director, the Planning Board held a public
14 hearing at which the Planning Board reviewed information pertinent to where the
15 measurement would begin for the base building line; and,
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17 WHEREAS, due to the changing environment, base flood elevations have been
18 altered establishing new minimum requirements to reduce storm impacts; and
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20 WHEREAS, the Village Council now seeks to update the code of ordinances to
21 meet the minimum required elevations established by FEMA.
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23 NOW, THEREFORE, BE IT ENACTED BY THE VILLAGE COUNCIL OF MIAMI
24 SHORES VILLAGE, FLORIDA, AS FOLLOWS:
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26 Section 1. Section 508 and Section 410 of the Zoning Appendix to the Miami
27 Shores Village Code of Ordinances, shall be amended as follows;
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29 Section 508 — Established grade of plot:
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31 The finished grade of a plot shall be not less than four inches above street
32 grade; but aiv use of fill shall be harmonious with the surrounding neighborhood.
33 For those 2roperties located in areas identified as flood zones..
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35 1) The established finished floor of a plot shall be at or above the minimum
36 FEMA base flood elevation.
37 13) For residential dwellings the maximum permitted height in all districts
38 shall be 30 feet from the finished grade, or minimum finished floor
39 established by FEMA if located in a flood zone plus any additional
40 mitigation requirements).
41 Article IV. Establishment of regulations, Section 410- Building permits already
42 obtained, work already begun.
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Additions shown by underLuiin and deletions shown by erg,
1 1) For dwellings: 2 stories, and shall not exceed 30 feet measured from the
2 minimum grade of the plot or when located in a flood zone, the minimum
3 finished floor elevation as established by FEMA .--- in-- heig#t,--e&x- oept--t -iat
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7 Section 2. Conflicting Provisions. Any provisions of the Code of Ordinances of
8 Miami Shores Village, Florida in conflict with the provisions of this ordinance are hereby
9 repealed.
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11 Section 3. Severability. The provisions of this Ordinance are declared to be
12 severable, and if any sentence, section, clause or phrase of this Ordinance shall, for any
13 reason, be held to be invalid or unconstitutional, such decision shall not affect the validity
14 of the remaining sentences, sections, clauses or phrases of the Ordinance, which shall
15 remain in effect it being the legislative intent that this Ordinance shall stand
16 notwithstanding the invalidity of any part.
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18 Section 4. Codification. It is the intention of the Village Council and it is hereby
19 ordained that the provisions of this Ordinance shall become and be made part of the
20 Code of Ordinances of the Miami Shores Village, Florida, that sections of this Ordinance
21 may be renumbered or re-lettered to accomplish such intentions, and that the word
22 "Ordinance" shall be changed to "Section" or other appropriate word.
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24 Section 5. Effective Date. This ordinance shall take effect immediately upon
25 enactment after second reading.
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27 PASSED and ENACTED this 17th day of September, 2018.
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30 First Reading: September 4, 2018
31 °° Second R+adingep 1 , 2018
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34 ATTEST: 3:5' C MacAd m Glinn
3 May
.3 +, P.RovEfD- AS..TO FORM:
-1f? ti
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43 Richard Sarafan
44 Village Attorney
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1dd'itions shown 1)y underlining and deletions shown by evergfrik�l