It is the purpose of this article to significantly reduce hazards to persons and damage to property as a result of flood conditions in Boyne City, and to comply with the provisions and requirements of the National Flood Insurance Program, as constituted in accord with the National Flood Insurance Act of 1968, as amended, and subsequent enactments and the rules and regulations promulgated in furtherance of this program by the United States Department of Housing and Urban Development, Federal Insurance Administration, as published in the Federal Register, Vol. 41, No. 207, Tuesday, October 26, 1976, and redesignated as 44 FR 31177, May 31, 1979.

A.

Further, the objectives of this article include:

1.

The protection of human life, health and property from the dangerous and damaging effects of flood conditions;

2.

The minimization of public expenditures for flood control projects, rescue and relief efforts in the aftermath of flooding, repair of flood damaged public facilities and utilities, and the redevelopment of flood damaged homes, neighborhoods, commercial and industrial areas;

3.

The prevention of private and public economic loss and social disruption as a result of flood conditions;

4.

The maintenance of stable development patterns, not subject to the blighting influence of flood damage;

5.

To ensure that the public has access to information indicating the location of land areas subject to periodic flooding; and

6.

To preserve the ability of floodplains to carry and discharge a base flood.

A.

The flood hazard zone shall overlay existing zoning districts delineated on the official Boyne City Zoning Map. The boundaries of the flood hazard zone shall coincide with the boundaries of the areas of special flood hazards (A zones) and areas indicated as within the limits of the 100-year flood area designated by the Federal Insurance Administration in the Flood Insurance Study, dated January 19, 1982, with accompanying flood insurance rate maps and flood boundary and floodway maps, and amendments thereto, which are adopted by reference, appended, and declared to be a part of this ordinance. The term flood hazard area as used in this ordinance shall mean the flood hazard area zone.

B.

Where there are disputes as to the location of a flood hazard area zone boundary, the zoning board of appeals shall resolve the dispute.

C.

In addition to other requirements of this ordinance applicable to the development in the underlying zoning district, compliance with the requirements of this section shall be necessary for all development occurring within the flood hazard area zone. Conflicts between the requirements of this section and other requirements of this ordinance or any other ordinance shall be resolved in favor of this section, except where the conflicting requirement is more stringent and would further the objectives of this section to a greater extent than the requirements of this section. In such cases, the more stringent requirement shall be applied.

A.

Development, including the erection of structures and placement of mobile homes, within a flood hazard area shall not occur except upon issuance of a zoning permit in accord with the requirements of this ordinance and the following standards:

The word "development," as used in this section, shall mean any manmade change to improve or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

1.

The requirements of this section shall be met.

2.

The requirements of the underlying zoning district and applicable general provisions of this ordinance must be met.

3.

All necessary development permits shall have been issued by appropriate local, state and federal authorities including a floodplain permit, approval, or letter of no authority from the Michigan Department of Environmental Quality under authority of Act 245, Public Acts of 1929, as amended by Act 167, Public Acts of 1968 [(MCL 324.3101 et seq.)]. Where a development permit cannot be issued prior to the issuance of a zoning permit, a letter from the issuing agency indicating intent to issue contingent only upon proof of zoning compliance shall be acceptable.

4.

General standards for flood hazard reduction.

a.

All new construction and substantial improvements within a flood hazard area, including the placement of prefabricated buildings and mobile homes, shall:

1)

Be designed and anchored to prevent flotation, collapse, or lateral movement of the structure;

2)

Be constructed with materials and utility equipment resistant to flood damage; and

3)

Be constructed by methods and practices that minimize flood damage.

b.

All new and replacement water supply systems shall minimize or eliminate infiltration of flood waters into the systems.

c.

All new and replacement sanitary sewage systems shall minimize or eliminate infiltration of flood waters into the systems and discharges from systems into flood waters. On-site waste disposal systems shall be located to avoid impairment to the system or contamination from the system during flooding.

d.

All public utilities and facilities shall be designed, constructed and located to minimize or eliminate flood damage.

e.

Adequate drainage shall be provided to reduce exposure to flood areas.

f.

Development plans shall be reviewed in accordance with this ordinance to determine compliance with the standards in this ordinance. The planning director or his representative shall review development proposals to determine compliance with the standards of this section.

g.

Land shall not be divided in a manner creating parcels or lots which cannot be used in conformance with the requirements of this section.

h.

The flood carrying capacity of any altered or relocated watercourse not subject to state or federal regulations designed to insure flood-carrying capacity shall be maintained. If any alteration or relocation of any watercourse shall be proposed, then prior thereto, the person proposing same shall notify adjacent communities (and the state coordinating agency) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

i.

Available flood hazard data from federal, state or other sources shall be reasonably utilized in meeting the standards of this section. Data furnished by the Federal Insurance Administration shall take precedence over data from other sources.

5.

Specific base flood elevation standards.

a.

On the basis of the most recent available base flood elevation data the following standards shall apply in the flood hazard area zone:

1)

All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the base flood level;

2)

All new construction and substantial improvements of nonresidential structures shall have either: the lowest floor, including basement, elevated to or above base flood level; or be constructed such that below base flood level, together with attendant utility and sanitary facilities, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subparagraph are satisfied, and that the floodproofing methods employed are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood in the location of the structure. Such certification shall be submitted as provided and shall indicate the elevation to which the structure is floodproofed.

b.

The most recent base flood elevation data received from the Federal Insurance Administration shall take precedence over data from other sources.

6.

Manufactured housing standards.

a.

All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties in accord with the following specifications:

1)

Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, except that on mobile homes less than 50 feet in length one tie per side shall be required;

2)

Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points, except that on mobile homes less than 50 feet in length, four ties per side shall be required;

3)

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds; [and]

4)

All additions to a mobile home shall be similarly anchored.

b.

An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate authority for mobile home parks and mobile home subdivisions.

c.

Manufactured homes shall be anchored in accordance with section C.1.f.

d.

For new manufactured home parks and mobile home subdivisions; for expansions to existing manufactured home parks and manufactured home subdivisions; for existing manufactured home parks and manufactured home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for manufactured homes not placed in a manufactured home park or manufactured home subdivision, require that:

1)

Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at or above the base flood level;

2)

Adequate surface drainage and access for a hauler are provided; and

3)

In the instance of elevation on pilings, that: lots are large enough to permit steps; piling foundations are placed in stable soil no more than ten feet apart; and reinforcement is provided for pilings more than six feet above the ground level.

e.

No manufactured home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivision.

7.

Disclaimer of liability.

a.

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes such as ice jams and bridge openings restricted by debris. Approval of the use of land under this article shall not be considered a guarantee or warranty of safety from flood damage.

This ordinance does not imply that areas outside the flood hazard area will be free from flood damage. This ordinance does not create liability on the part of Boyne City or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

8.

Obstruction of floodways. Located within areas of special flood hazard established in section B.1. are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

a.

Encroachments are prohibited, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrated that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharges.

b.

If the preceding section (8)(a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this ordinance and the city's Code of Ordinances.

9.

Filling and dumping. Dredging and filling and/or dumping or backfilling with any material in any manner is prohibited unless through compensating excavation and shaping of the floodplain, the flow and impoundment capacity of the floodplain will be maintained or improved, and unless all applicable federal, state, and city regulations are met including, but not limited to: approvals pursuant to P.A. 245 of 1929, as amended by P.A. 167 of 1968 [MCL 324.3101 et seq.], P.A. 347 of 1972 [MCL 324.9101 et seq.], as amended; P.A. 346 of 1972 [MCL 324.30101 et seq.], as amended; and P.A. 203 of 1979 [MCL 324.30101 et seq.], as amended.

Within the flood hazard area overlay zone, no land shall be used except for one or more of the following uses:

A.

Parks, picnic areas, playgrounds, playfields, athletic fields, golf courses, other outdoor recreational uses, nature paths, and trails;

B.

Wildlife preserves;

C.

Fishing, trapping, and hunting in compliance with current laws and regulations;

D.

Historic sites and structures;

E.

Fishing and boating docks in accord with the provisions of the inland Lakes and Streams Act of 1972 [MCL 324.30101 et seq.], as amended;

F.

Landscaping, screening, and required open space or lot area for structural uses that are landward of the overlay zone;

G.

Accessory buildings, structures and uses:

1.

Within the flood hazard area overlay zone, no building or structure shall be used except for one or more of the following uses and only in a manner consistent with the requirements of principal uses and accessory buildings, structures and uses in the underlying district, and with those that follow; [and]

2.

The following accessory buildings, structures and uses are permitted: off-street parking, streets, roads, and bridges; outdoor play equipment, sheds and garages; boathouses, boat hoists, utility lines, and pumphouses; bleachers; bank protection structures; signs; fences; gazebos; and similar outdoor equipment and appurtenances; provided each of the following requirements are met:

a.

The building or structure would not cause an increase in water surface elevation, obstruct flow, or reduce the impoundment capacity of the floodplain;

b.

All equipment, buildings and structures shall be anchored to prevent flotation and lateral movement; [and]

c.

Compliance with these requirements is certified by an engineering finding by a registered engineer.

A.

Churches, temples, and similar places of worship.

A.

With regard to the National Flood Insurance Program, and the regulation of development within the flood hazard area overlay zone as prescribed in this section, the duties of the planning director shall include, but are not limited to:

1.

Notification to adjacent communities and the Michigan Department of Natural Resources or the Michigan Department of Environmental Quality of the proposed alteration or relocation of any watercourse, and the submission of such notifications to the Federal Insurance Administration; [and]

2.

Recording of written notification to all applicants to whom variances are granted in a flood hazard area overlay zone indicating the terms of the variance, the potential increased danger to life and property, and that the cost of flood insurance will increase commensurate with the increased flood risk. A record of all variance notifications and variance actions shall be maintained together with the justification for each variance.

B.

All records and maps pertaining to the National Flood Insurance Program shall be maintained in the office of the planning director and shall be open for public inspection.

C.

It shall be the responsibility of the planning director to obtain and utilize the best available flood hazard data for purposes of administering this section in the absence of data from the Federal Insurance Administration.

A.

Where disputes arise as to the location of the flood hazard area boundary or the limits of the floodway, the board of appeals shall resolve the dispute and establish the boundary location. In all cases, the decision of the board of appeals shall be based upon the most current floodplain studies issued by the Federal Insurance Administration. Where Federal Insurance Administration information is not available, the best available floodplain information should be utilized.

B.

Where a dispute involves an allegation that the boundary is incorrect as mapped and Federal Insurance Administration floodplain studies are being questioned, the board of appeals shall modify the boundary of the flood hazard area or the floodway only upon receipt of an official letter of map amendment issued by the Federal Insurance Administration.

C.

All parties to a map dispute may submit technical evidence to the board of appeals.

A.

Variances from the provisions of this section shall only be granted by the board of appeals upon a determination of compliance with the general standards for variances contained in this section and each of the following specific standards:

1.

A variance shall be granted only upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c.

A determination that the granting of a variance will not result in a harmful increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.

2.

The variance granted shall be the minimum necessary, considering the flood hazard, to afford relief to the applicant.

B.

The board of appeals may attach conditions to the granting of a variance to ensure compliance with the standards contained in this section.

C.

Variances may be granted for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the Michigan Register of Historic Sites, or any other state register of historic places without regard to the requirements of this section governing variances in flood hazard areas.