HomeMy WebLinkAboutLegislation FRFile Number: 15-01289
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 20 OF
THE CODE OF THE CITY OF MIAMI„ FLORIDA, AS AMENDED, ENTITLED "FLOOD
DAMAGE PREVENTION," MORE PARTICULARLY BY CREATING A NEW
SECTION 20-17 ENTITLED "FILL PROHIBITION FOR AREAS NOT COVERED BY
STRUCTURES" TO PROHIBIT THE FILLING OF LOTS IN AREAS NOT COVERED
BY A STRUCTURE; CONTAINING A REPEALER PROVISION; A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami, in accordance with the Federal Emergency Management Agency's
National Flood Insurance Program, requires that structures in coastal or other flood hazard areas be
elevated so as to protect life and property; and
WHEREAS, these regulations only require the elevation of habitable structures and improvements;
and
WHEREAS, the blanket filling of a lot, specifically one with appreciable changes in terrain may
result in incompatible or out -of -context site conditions compared to neighboring sites;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 20 of the Code of the City of Miami, Florida, as amended, is amended in the
following particulars:{1}
"CHAPTER 20
FLOOD DAMAGE PREVENTION
Sec. 20-17. - Fill prohibition for areas not covered by structures.
With the exception of anv leaally permitted buildina or accessory structure, no other portion of a
Lot, as defined by the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as
amended, that is below the crown of road or Miami -Dade County flood criteria maps, whichever is
lower, may be elevated or filled so as to obliterate the natural contour of the Lot. This section shall not
apply to any work necessary to provide reasonable vehicular access to the Lot or for any filling
required immediately adjacent and in connection with construction or reconstruction of a seawall.
Section 2. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Cite of -A and Page I of 2 File Id. 15-01259 (Persi.on: 1) Printed On: 10/5/2015
City of Miami-
iami-
,
Legislation
Le islation
Ordinance
File Number: 15-01289
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 20 OF
THE CODE OF THE CITY OF MIAMI„ FLORIDA, AS AMENDED, ENTITLED "FLOOD
DAMAGE PREVENTION," MORE PARTICULARLY BY CREATING A NEW
SECTION 20-17 ENTITLED "FILL PROHIBITION FOR AREAS NOT COVERED BY
STRUCTURES" TO PROHIBIT THE FILLING OF LOTS IN AREAS NOT COVERED
BY A STRUCTURE; CONTAINING A REPEALER PROVISION; A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami, in accordance with the Federal Emergency Management Agency's
National Flood Insurance Program, requires that structures in coastal or other flood hazard areas be
elevated so as to protect life and property; and
WHEREAS, these regulations only require the elevation of habitable structures and improvements;
and
WHEREAS, the blanket filling of a lot, specifically one with appreciable changes in terrain may
result in incompatible or out -of -context site conditions compared to neighboring sites;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 20 of the Code of the City of Miami, Florida, as amended, is amended in the
following particulars:{1}
"CHAPTER 20
FLOOD DAMAGE PREVENTION
Sec. 20-17. - Fill prohibition for areas not covered by structures.
With the exception of anv leaally permitted buildina or accessory structure, no other portion of a
Lot, as defined by the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as
amended, that is below the crown of road or Miami -Dade County flood criteria maps, whichever is
lower, may be elevated or filled so as to obliterate the natural contour of the Lot. This section shall not
apply to any work necessary to provide reasonable vehicular access to the Lot or for any filling
required immediately adjacent and in connection with construction or reconstruction of a seawall.
Section 2. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Cite of -A and Page I of 2 File Id. 15-01259 (Persi.on: 1) Printed On: 10/5/2015
File Number: 15-01289
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROV�D AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ �
CITYATTORNEY
Footnotes:
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City oftlliami Page 2 of 2 File Id: 15-01289 (Version: 1) Prbited On: 101512015