O-675-09 ORDINANCE NO. 675-09
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL,
MIAMI SHORES,FLORIDA; AMENDING THE VILLAGE CODE
OF ORDINANCES, CHAPTER 8.5 FLOOD DAMAGE PREVENTION,
ARTICLE 2,DEFINITIONS,BY ADDING A DEFINITION FOR"FREE OF
OBSTRUCTION", PROVIDING FOR CONFLICTS,PROVIDING FOR
SEVERABILITY,PROVIDING FOR ADOPTION ON AN EMERGENCY
BASIS, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Pursuant to FEMA mandates,the Village Council adopted new guidelines
addressing Flood Damage Prevention measures in May, 2008; and,
WHEREAS, Since adopting Ordinance No. 667-08 adopting the new guidelines as
recommended by FEMA, FEMA has required various amendments to the previously prescribed
language; and,
WHEREAS, In order to be in compliance with the regulations relating to the National
Flood Insurance Program,the Village is required to add a definition of"Free of Obstruction"to
the Village's flood plain ordinance, such language having been provided to the Village by
FEMA; 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 Miami Shores Village Code of Ordinances, Chapter 8.5, Flood Damage
Prevention,Article 2, Definitions, is hereby amended by adding a definition for Free of
Obstruction, such definition to read as follows:
Free of Obstruction means any type of lower area enclosure or other
construction element will not obstruct the flow of velocity water and wave
action beneath the lowest horizontal structural member of the lowest floor
of an elevated building during a base flood event. This requirement
applies to the structures in velocity zones (V-Zones).
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inconsistent herewith, are hereby repealed,but only insofar as such ordinances may be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 20`h day of October , 2009.
ATTEST:
i
avis,Mayor
Barbara A. Estep,MMC
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney