A.   Intent. It is the purpose of this Article to significantly reduce hazards to persons and damage to property as a result of flood conditions in the City of Dearborn, and to enhance the value to the community of the natural wildlife and vegetation dependent upon the floodplain.

   B.   Objectives. 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 area;

      3.   The prevention of private and public economic loss and social disruptions as a result of flood conditions;

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

      5.   To insure that the public has access to information indicating the location of land areas subject to periodic flooding;

      6.   To preserve the entire floodplain to accommodate present flood flows and future base floods, since the dangers of floods are ever increasing with the continued development of upstream areas; and

      7.   To preserve and protect the natural resources and enhance aesthetic, recreational, and educational values of the floodplain.

(Ord. No. 96-681, 8-7-1996; Ord. No. 01-866, 12-4-2001)

   The boundaries of the F-P, Floodplain Zoning District shall coincide with the boundaries of the areas as described and set forth in the assessor's code number in relation to each area of the River Rouge. The assessor's code numbers utilized by the City of Dearborn assessor's office as of July 1, 1996, and said numbers are on file in the Dearborn assessor's office, shall be included in the F-P, Floodplain Zoning District:

      1.   Lower Branch River Rouge Floodplain. Land located north and south of the Lower Branch River Rouge, between Brady and Gulley Road, and further described as Assessor's code numbers:

         (a)   Brady to Military. 

            The north 139.15 feet of the east 210 feet of 82-09-221-02-078

            82-09-221-02-167

         (b)   Military to Outer Drive. 

            82-09-212-13-135

         (c)   Outer Drive to Telegraph Road. 

            82-09-213-01-110

         (d)   Telegraph Road to Gulley Road. 

            82-09-204-05-054

            82-09-204-05-093

      2.   River Rouge and Lower Branch River Rouge Floodplain. Land located east and west of the River Rouge, and land located north and south and east and west of the Lower Branch River Rouge, between Ford Road and Michigan Avenue, and further described as assessor's code numbers:

         82-09-154-01-002

         82-09-222-01-039

(Ord. No. 96-681, 8-7-1996; Ord. No. 01-866, 12-4-2001; Ord. No. 12-1370, 11-13-2012)

   Where there are disputes as to the location of an F-P, Floodplain Zoning District boundary, the zoning board of appeals shall resolve the dispute in accord with Section 33.04 of this Ordinance.

(Ord. No. 01-866, 12-4-2001)

   Compliance with the requirements of this Article shall be necessary for all development occurring within the F-P, Floodplain Zoning District. Conflicts between the requirements of this Article and other requirements of this ordinance or any other ordinance shall be resolved in favor of this article, except where the conflicting requirement is more stringent and would further the objectives of this Article to a greater extent than the requirements of this Article. In such cases, the more stringent requirements shall be applied.

(Ord. No. 01-866, 12-4-2001)

   A.   Principal uses and structures. 

      1.   Within the F-P, Floodplain Zoning District, no land shall be used except for one or more of the following uses:

         (a)   Parks, picnic areas, playgrounds, playfields, athletic fields, golf courses, bridle paths, nature paths and trails;

         (b)   Wildlife preserves; and

         (c)   Required open space or lot area for structural uses that are landward of the F-P, Floodplain Zoning District.

   B.   Accessory structures and uses. 

   The following accessory structures and uses are permitted:

   Off-street parking, streets, roads, bridges, outdoor play equipment, sheds and garages, boat hoists, utility lines, pump houses, bleachers, bank protection structures, signs, fences, gazebos and similar outdoor equipment and appurtenances; provided each of the following requirements are met:

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

      (2) All equipment and structures shall be anchored to prevent flotation and lateral movement; and

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

(Ord. No. 01-866, 12-4-2001)

   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 state regulations are met including, but not limited to, approvals pursuant to: P.A. 288 of 1967 (MCL 560.101 et seq.); P.A. 347 of 1972, as amended, (MCL 282.101, et seq.); P.A. 346 of 1972, as amended, (MCL 281.951, et seq.); and P.A. 231 of 1970 (MCL 281.761, et seq.).

(Ord. No. 01-866, 12-4-2001)

   A.   No building or structure shall be erected, converted or substantially improved or placed, and no land filled or structure used in an F-P, Floodplain District unless a Zoning Compliance Permit, or variance from the zoning board of appeals, is obtained, which approval shall not be granted until a permit from the Department of Natural Resources under authority of P.A. 288 of 1967 (MCL 560.101 et seq.) has been obtained. Where a development permit cannot be issued prior to the issuance of a Zoning Compliance Permit, a letter from the issuing agency indicating intent to issue contingent only upon proof of zoning compliance shall be acceptable.

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

   C.   The city planner and the director of building and safety shall review development proposals to determine compliance with the standards in this section, and other applicable ordinances, and shall approve or deny the request.

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

   E.   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.

   F.   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 resources.

(Ord. No. 01-866, 12-4-2001)

   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 man-made 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.

   B.   This ordinance does not imply that areas outside the floodplain area will be free from flood damage. This ordinance does not create liability on the part of the 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.

(Ord. No. 01-866, 12-4-2001)