O-670A-08 ORDINANCE NO. 670A-ng
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL
MIAMI SHORES, FLORIDA; AMENDING THE VILLAGE CODE
OF ORDINANCES, CHAPTER 8.5 "FLOOD DAMAGE
PREVENTION",ARTICLE 5, SECTION B, "SPECIFIC STANDARDS",
PROVIDING FOR AN AMENDMENT TO THE RESIDENTIAL
CONSTRUCTION CRITERIA, PROVIDING FOR CONFLICTS,
PROVIDING FOR SEVERABILITY, PROVIDING FOR
ADOPTION ON AN EMERGENCY BASIS,AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Pursuant to State mandates, the Village Council adopted new
guidelines addressing Flood Damage Prevention measures in May, 2008; and,
WHEREAS, In reviewing the adopted legislature, the Village Administration
finds it prudent to amend the previous language which included a stricter elevation
requirement; and,
WHEREAS, The proposed amendment allows residents greater leniency when
building or improving properties within all A-Zones (AE, Al-30, and AH); and
WHEREAS,Due to the nature of the amendment, it is in the best interest of the
Village to amend the ordinance on an emergency basis;
NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES
VILLAGE COUNCIL,
Section 1. That Chapter 8.5, Article 5, Section B (1)the Code of Ordinances
of Miami Shores Village,Florida, shall stand amended to read as follows:
In all A-Zones where base flood elevation data have been provided(Zones AE,
Al-30, and AH), as set forth in Article 3, Section B,the following provisions shall
apply:
(1) Residential Construction. All new construction or substantial
improvement of any residential building(including manufactured home)
shall have the lowest floor, including basement, elevated to no lower than
efle feet ab the base flood elevation. Should solid foundation perimeter
walls be used to elevate a structure, openings sufficient to facilitate
automatic equalization of flood hydrostatic forces on both sides of the
exterior walls shall be provided in accordance with standards of Article 5,
Section B (3).
Section 2. All ordinances or parts of ordinances in conflict herewith or
inconsistent herewith, are hereby repealed,but only insofar as such ordinances my be
inconsistent or in conflict with this Ordinance.
Section 3. If any section, sentence, clause 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,which
shall be deemed to be severable therefrom.
Section 4. This ordinance shall be adopted on an emergency basis and
effective immediately upon its adoption by the Village Council.
PASSED ON AN EMERGENCY BASIS this 18thday of November , 2008.
ATTEST:
Herta Holly, Mayor
i
Barbara A. Estep, MYAC
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney