O-674-09 ORDINANCE NO. 674-09
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL
MIAMI SHORES, FLORIDA; AMENDING THE DEFINITION OF
SUBSTANTIAL IMPROVEMENT CONTAINED IN ARTICLE 2,
"DEFINITIONS"OF CHAPTER 8.5 "FLOOD DAMAGE PREVENTION"
OF THE VILLAGE'S CODE OF ORDINANCES, 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 stricter guidelines with respect to the
stated definition of Substantial Improvement; and,
WHEREAS, The proposed amendment allows residents greater leniency when building
or improving properties within all V,VE, and A-Zones (AE, Al-30, and AH); and,
WHEREAS, The proposed amendment allows improvements to be any combination of
reconstruction, rehabilitation, addition or other improvement, and the improvements to take place
during a one(1) year period; 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 the definition of Substantial Improvement contained in Article 2,
"Definitions"of Chapter 8.5 entitled Flood Damage Prevention, of the Code of Ordinances of
Miami Shores Village, Florida, shall stand amended to read as follows:
Substantial improvement means any combination of reconstruction, rehabilitation, addition, or
other improvement of a structure taking place duringaone(1) year period I the cumulative cost
of which equals or exceeds 50 percent of the market value of the structure before the"start of
construction"of the improvement. This term includes structures that have incurred"substantial
damage"regardless of the actual repair work performed. This term does not,however, include
any repair or improvement of a structure to correct existing violations of State of Florida or local
health, sanitary, or safety code specifications, which have been identified by the local code
enforcement official prior to the application for permit for improvement, and which are the
minimum necessary to assure safe living conditions.
Section 2. All ordinances or parts of ordinances in conflict herewith or
inconsistent herewith, are hereby repealed,but only insofar as such ordinances may 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 21 day of July , 2009.
ATTEST:
1 Davis, Mayor
Barbara A. Estep, Mff4C
Village Clerk
APPROVED AS TO FORM:
2t�4
Richard Sarafan
Village Attorney