O-555-92 ORDINANCE NO. 555-92
AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF MIAMI SHORES
VILLAGE BY ENACTING AND ADDING THERETO A NEW
CHAPTER TO BE NUMBERED 22 ENTITLED "FLOOD DAMAGE
PREVENTION"; PROVIDING FOR PENALTY, REPEAL AND
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Miami Shores Village Council desires to promote
the public health, safety, and general welfare of its citizenry;
and
WHEREAS, the Village Council of Miami Shores Village desires
to promote the public health, safety and general welfare by
creating and adopting this Flood Damage Prevention Ordinance in
order to minimize public and private losses due to flood conditions
in specific areas .
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MIAMI SHORES VILLAGE
COUNCIL THAT:
ARTICLE 1.
SECTION A. Creation of Flood Damage Prevention Ordinance
The Flood Damage Prevention Ordinance is hereby created and adopted.
SECTION B. FINDINGS OF FACT.
( 1) The flood hazard areas of Miami Shores Village, Florida
are subject to periodic inundation which results in loss of
life and property, 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) These flood losses are caused by the cumulative effect of
obstructions in floodplains 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.
SECTION 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 flood heights, velocities, or
erosion;
(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 floodplains, 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 flood damage or erosion, 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.
SECTION D. OBJECTIVES.
The objectives of this ordinance are:
( 1) to protect human life and health;
(ARTICLE 1. cont)
(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;
(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 floodplains;
(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 flood blight areas, and;
(7) to insure that potential home buyers are notified that
property is in a flood area.
ARTICLE 2 . DEFINITIONS.
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.
"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 f ire wall or is
separated by independent perimeter load-bearing walls is new
construction.
"Appeal" means a request for a variance or a review of the
interpretation of provision of this ordinance as made by the Director
of the Miami Shores Village Department of Building and Zoning.
"Area of shallow flooding" means a designated VO Zone on a 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.
"Area of special flood hazard" is the land in the floodplain 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.
"Basement" means that portion of a building having its floor subgrade
(below ground level) on all sides.
"Breakaway wall" means a wall that is not part of the structural
support of the building and is intended through its design and
construction to collapse under specific lateral loading forces without
causing damage to the elevated portion of the building or the
supporting foundation system.
"Building" 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. The area is
designated on a FIRM as Zone Vl - 30, VE or V.
"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, excavating, drilling
operations, or permanent storage of materials or equipment.
"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 Construction" Any structure for which the "start of
construction" commenced before June 18, 1974 .
2
(ARTICLE 2 . cont. )
"Flood" 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 (FHBM) " means an official map of a
community, issued by the Federal Emergency Management Agency, where the
boundaries of the areas of special flood hazard have been defined as
Zone A.
"Flood Insurance Rate Map (FIRM) " means an official map of a community,
on which the Federal Emergency Management Agency has delineated the
areas of special flood hazard and/or risk premium zones applicable to
the community.
"Flood Insurance Study" is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as
well as the Flood Boundary Floodway Map and the water surface elevation
of the base flood.
"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, sales, or service facilities .
"Highest adjacent grade" means the highest natural elevation of the
ground surface, prior to construction, next to the proposed walls of a
building.
"Historic Structure" means any structure that is
a. Listed individually in the National Register of Historic
Places (a listing maintained by the Department of
Interior) 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 in communities with historic preservation
programs that have been 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.
Lowest floor means the lowest floor of the lowest enclosed area
(including basement) . An unfinished or flood resistant enclosure, used
solely for parking of vehicles, building access or storage in an area
other than a basement is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the provisions of this code.
"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 (Rhizophora
mangle) ; white mangrove (Longuncular-iaracemosa) ;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 floodplain. For purposes of this ordinance, the
term is synonymous with National Geodetic Vertical Datum (NGVD) .
"National Geodetic Vertical Datum (NGVD) " as corrected in 1929 is a
vertical control used as a reference for establishing varying
3
(ARTICLE 2 . cont)
elevations within the floodplain.
"New construction" Any structure for which the "start of construction-'
commenced after June 14, 1974 . The term also includes any subsequent
improvements to such structure.
"Sand dunes" means naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
"Start of construction" (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P. L. 97-348) ) ,
includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair,
reconstruction, or improvement was within 180 days of the permit date.
The actual start means the first placement of permanent construction of
a building (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 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 building. For a
substantial improvement, the actual start 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, a manufactured home, a gas or liquid storage tank, or
other man-made facilities or infrastructures .
"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 combination of repairs,
reconstruction, alteration, or improvements to a building, taking place
during ( 1) year period, in which the cumulative cost equals or exceeds
fifty percent of the market value of the structure prior to the
improvement. The market value of the building should be ( 1) the
appraised value of the structure prior to the start of the initial
repair or improvement, or (2) in the case of damage, the value of the
structure prior to the damage occurring. This term includes structures
which have incurred "substantial damage", regardless of the actual
repair work performed. For the purposes of this definition,
"substantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects the external
dimensions of the building. The term does not, however, include any
project for improvement of a building required to comply with existing
health, sanitary, or safety code specifications which have been pre-
identified by the Code Enforcement Official and which are solely
necessary to assure safe living conditions.
"30 - year setback" means a distance equal to 30 times the average
annual long term recession rate at a site, measured from the reference
feature.
"Variance" is a grant of relief 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.
"Zone of imminent collapse" means an area subject to erosion adjacent
to the shoreline of an ocean, bay, or lake and within a distance equal
to 10 feet plus 5 times the average annual long-term erosion rate for
the site, measured from the reference feature.
4
ARTICLE 3. GENERAL PROVISIONS.
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all areas of special flood hazard within
the jurisdiction of Miami Shores Village, Florida.
SECTION 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 Florida Insurance study dated November 4, 1987
with accompanying maps and other supporting data, and any revision
thereto, are adopted by reference and declared to be a part of this
ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT.
A Development Permit shall be required in conformance with the
provision of this ordinance prior to the commencement of any
development activities .
SECTION 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.
SECTION E. ABROGATION AND GREATER RESTRICTIONS.
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where
this ordinance and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
SECTION 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.
SECTION 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 consideration. Larger floods can and will occur on 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 Miami Shores Village 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.
SECTION H. PENALTIES FOR VIOLATION.
Violation of the provisions of this ordinance or failure to comply with
any of its requirements, including violation of conditions and
safeguards established in connection with grants of variance or special
exceptions, shall constitute a misdemeanor. Any person who violates
this ordinance or fails to comply with any of its requirements shall,
upon conviction thereof, be fined not more than $500.00 or imprisoned
for not more than 60 days, or both, and in addition, shall pay all
costs and expenses involved in the case. Each day such violation
continues shall be considered a separate offense. Nothing herein
contained shall prevent Miami Shores Village from taking such other
5
(ARTICLE 3 . cont)
lawful actions as is necessary to prevent or remedy any violation.
ARTICLE 4. ADMINISTRATION.
SECTION A. DESIGNATION OF LOCAL ADMINISTRATOR
The Director of Miami Shores Village Building and Zoning Department,
hereinafter referred to as DIRECTOR, is hereby appointed to
administer and implement the provisions of this ordinance.
SECTION B. PERMIT PROCEDURES.
Application for a Development Permit shall be made to the Director,
Building and Zoning Department, on forms furnished by him or her prior
to any development activities, 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, earthen fill, storage of materials or
equipment, drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
( 1) Application Stage.
(a) Elevation in relation to mean sea level of the proposed
lowest floor (including basement) of all buildings;
(b) Elevation in relation to mean sea level to which any
non-residential building will be flood-proofed;
(c) Certificate from a registered professional engineer or
architect that the non-residential flood-proofed
building will meet the flood-proofing criteria in
Article 5, Section B (2) ;
(d) Description of the extent to which any watercourse will
be altered or relocated as result of proposed
development, and;
(2) Construction Stage.
Provide a floor elevation or flood-proofing certification
after the lowest floor is completed, or instances where the
building is subject to the regulations applicable to Coastal
High Hazard Areas, after placement of the horizontal
structural members of the lowest floor. Upon placement of
the lowest floor, 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 DIRECTOR 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 undertaken prior to submission
of the certification shall be at the permit holder's risk.
The DIRECTOR 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.
SECTION C DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF THE BUILDING
AND ZONING DEPARTMENT.
6
(ARTICLE 4 . cont)
Duties of the Director of the Building and Zoning Department shall
include, but shall not be limited to:
( 1) Review all development permits to assure that the permit
requirements of this ordinance have been satisfied;
(2) Advise permittee that additional federal or state permits may
be required, and if specific federal or state permit
requirements are known, require that copies of such permits
be provided and maintained on file with the development
permit.
(3) Notify adjacent communities and the Florida 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 buildings, in accordance with
Article 4, Section B (2) .
(6) Verify and record the actual elevation (in relation to mean
sea level) to which the new or substantially improved
buildings have been flood-proofed, in accordance with Article
4, Section B (2) .
(7) In Coastal Hazard Areas, certification shall be obtained from
a registered professional engineer or architect that the
building is designed and securely anchored to adequately
anchored pilings or columns in order to withstand velocity
waters and hurricane wave wash.
(8) In Coastal High Hazard Areas, the DIRECTOR shall review plans
for adequacy of breakaway walls in accordance with Article 5,
Section B (4) (h) .
(9) When flood-proofing is utilized for a particular building,
the DIRECTOR shall obtain certification from a registered
professional engineer or architect, in accordance with
Article 5, Section B (2) .
( 10) Where interpretation is needed as to the exact location of
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 DIRECTOR 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
article.
( 11) When base flood elevation data have not been provided in
accordance with Article 3, Section B, then the DIRECTOR
shall obtain, review and reasonably utilize any base flood
elevation data available from a federal, state or other
source, in order to administer the provisions of Article 5.
( 12) All records pertaining to the provisions of this
ordinance shall be maintained in the office of the DIRECTOR
and shall be open for public inspection.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION A. GENERAL STANDARDS.
In all areas of special flood hazard the following provisions are
required:
( 1) New construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement
of the structure;
(2) New construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
7
(ARTICLE 5 . cont)
flood damage;
(3) New construction or substantial improvements shall be
constructed by methods and practices that minimize f lood
damage;
(4) Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed
and/or located so as to prevent water from entering or
accumulating within the components during conditions of
flooding.
(5) New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the
system;
(6) 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;
(7) on-site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination from
them during flooding, and;
(8) Any alteration, repair, reconstruction or improvements to a
building which is in compliance with the provisions of this
ordinance, shall meet the requirements of "new construction"
as contained in this ordinance.
(9) Any alteration, repair, reconstruction or improvements to a
building which is not in compliance with the provisions of
this ordinance, shall be undertaken only if said non-
conformity is not furthered, extended, or replaced.
SECTION B. SPECIFIC STANDARDS.
In all areas of special flood hazard where base flood elevation data
have been provided, as set forth in Article 3, Section B, or Article 4,
Section C ( 11) , the following provisions are required:
( 1) Residential Construction. New construction or substantial
improvement of any residential building shall have the lowest
floor, including basement elevated no lower than 1 foot above
the base flood elevation. Should solid foundation perimeter
walls be used to elevate a structure, openings sufficient to
facilitate the unimpeded movements of flood waters shall be
provided in accordance with standards of Article 5, Section
B (3) .
(2) Non-Residential Construction. New construction or
substantial improvement of any commercial, industrial, or
non-residential building shall have the lowest floor,
including basement, elevated no lower than 1 foot above the
level of the base flood elevation. Buildings located in all
A-zones may be flood-proofed in lieu of being elevated
provided that all areas of the building below the required
elevation are water tight with walls substantially
impermeable to the passage of water, and use structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect 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 official as set forth
in Article 4, Section C (9) .
(3) Elevated Buildings. New construction or
substantialimprovements of elevated buildings that 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
8
(ARTICLE 5. cont)
meet the following minimum criteria:
(i) Provide a minimum of two openings having a total
net 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
direction.
(b) 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
(c) The interior portion of such enclosed area shall not be
partitioned or finished into separate rooms .
(4) Coastal High Hazard Areas (V Zones) . Located within
the areas of special flood hazard established in
Article 3, Section B, are areas designated as
Coastal High Hazard areas. These areas have special
flood hazards associated with wave wash, therefore,
the following provisions shall apply:
(a) All buildings shall be located 25 feet landward of
the reach of the mean high tide;
(b) All buildings shall be elevated so that the bottom of
the lowest supporting horizontal member (excluding
pilings or columns) is located no lower than 1 foot
above the base flood elevation level, with all space
below the lowest supporting member open so as not to
impede the flow of water. Open lattice work or
decorative screening may be permitted for aesthetic
purposes only and must be designed to wash away in the
event of abnormal wave action and in accordance with
Article 5, Section B (4) (h) .
(c) All buildings or structures shall be securely anchored
on pilings or columns;
(d) All pile and column foundations and structures attached
thereto 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. Water loading values shall equal
or exceed the base flood. Wind loading values shall be
in accordance with South Florida Building Code, Current
Edition.
(e) A registered professional engineer or architect shall
certify that the design, specifications and plans for
construction are in compliance with the provisions
contained in (b) (c) and (d) hereinabove set forth.
(f) There shall be no fill used as structural support.
Non-compacted fill may be used around the perimeter of
a building for landscaping/aesthetic purposes provided
the fill will wash out from storm surge, (thereby
rendering the building free of obstruction) prior to
generating excessive loading forces, ramping effects,
or wave deflection. The DIRECTOR shall approve
design plans for landscaping/aesthetic fill only after
the applicant has provided an analysis by an engineer,
architect, and/or soil scientist, which demonstrates
that the following factors have been fully considered:
M Particle composition of fill material does not
have a tendency for excessive natural
compaction;
(ii) Volume and distribution of fill will not cause
wave defection to adjacent properties; and
(iii) Slope of fill will not cause wave run-up or
ramping.
9
IARTICLE 5. cont)
(g) There shall be no alteration of sand dunes or mangrove
stands which would increase potential flood damage;
(h) 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 breakaway, under abnormally high
tides or wave action, without damage to the structural
integrity of the building on which they are to be used
and provided the following design specifications are
met:
(i) No solid walls shall be allowed, and;
(ii) Material shall consist of lattice or mesh
screening only.
M If aesthetic lattice work or screening is utilized,
such enclosed space shall not be designed to be used
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.
( j ) Prior to construction, plans for any buildings that
will have lattice work or decorative screening must be
submitted to the DIRECTOR for approval;
(k) Any alteration, repair, reconstruction or improvement
to a structure shall not enclose the space below the
lowest floor except with lattice work or decorative
screening, as provided for in Article 5, Section
B(4) (h) and (i) .
SECTION C. STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD
ELEVATION.
Located within the areas of special flood hazard established in Article
3, Section B, where streams exist but where no base flood data has been
provided; the following provisions apply:
( 1) No encroachments, including fill material or structures,
shall be located within areas of special flood hazard, unless
certification by a registered professional engineer is
provided demonstrating that the cumulative effect of the
proposed development, when combined with all other existing
and anticipated development will not increase the water
surface elevation of the base flood more than one foot at any
point within the community. The engineering certification
should be supported by technical data that conforms to
standard hydraulic engineering principles.
(2) New construction or substantial improvements of buildings
shall be elevated or flood-proofed to elevations established
in accordance with Article 4, Section C ( 11) .
SECTION 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, and;
(4) Base flood elevation data shall be provided for subdivision
proposals and other proposed development (including
manufactured home parks and subdivisions) which is greater
than the lesser of fifty lots or five acres.
10
ARTICLE 6 . SEVERABILITY, REPEAL AND EFFECTIVE DATE
SECTION 1. SEVERABILITY
If any section,clause, sentence, or phrase of this Ordinance is held to
be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way effect the validity of the remaining
portions of this Ordinance.
SECTION 2 . REPEAL
All Ordinances or parts of Ordinances in conflict herewith or
inconsistent herewith are hereby repealed, but only insofar as such
Ordinances may be inconsistent with or in conflict with this Ordinance.
SECTION 3. EFFECTIVE DATE
This Ordinance shall be effective upon adoption by Miami Shores Village
Council on second reading.
PASSED AND APPROVED on first reading the 1st day of
December 1992 .
PASSED AND ADOPTED on second reading the 15th day of
- December -, 1992 .
MAYOR. Steveq��J.",Ohnson
ATTEST:
Gail Macdonald, Village Clerk
By:
Scott W. Davis, Deputy Village Clerk
APPROVED AS TO FORM:
By:_
William IF. Panfi,�-/3r.
Village Attorney