East Grand Rapids City Zoning Code
CHAPTER 53
FLOOD DAMAGE PREVENTION
§ 5.301 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas.
(Prior Code, § 5.301)
§ 5.302 DEFINITIONS.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
APPEAL. A request for a review of the local administrator’s interpretation of any provision of this chapter or a request for a variance.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within the community subject to a 1% or greater chance of flooding in any given year.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
DEVELOPMENT. Any human-made change to improved 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.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland waters; and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.
HABITABLE FLOOR. Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a HABITABLE FLOOR.
LOCAL ADMINISTRATOR. The Director of City Services or his or her designee.
NEW CONSTRUCTION. Structures for which the “start of construction” commenced on or after the effective date of this chapter.
START OF CONSTRUCTION. The first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure without a basement or poured footings, the START OF CONSTRUCTION includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation.
STRUCTURE. A walled and roofed building, or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL IMPROVEMENT.
(1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred.
(2) For the purposes of this definition, SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
VARIANCE. A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
(Prior Code, § 5.302) (Ord. effective 8-14-1992)
§ 5.303 GENERAL PROVISIONS.
(A) Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
(B) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for East Grand Rapids,” dated March, 1980, with accompanying flood insurance rate map is hereby adopted by reference and declared to be a part of this chapter. The flood insurance study is on file at the office of the Director of City Services.
(C) Floodway protection standards. New construction, substantial improvements and all other development, including fill, shall be prohibited within zone number A1 on the FIRM, except where it is demonstrated to the administrator that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not harmfully increase the water surface elevation of a base flood. In determining whether a harmful increase will occur, compliance with Public Act 451 of 1994, being M.C.L.A. §§ 324.1301 et seq. shall be required, provided that the allowable increase shall not exceed one foot. Zone A1 on the FIRM shall be considered to be the floodway.
(D) Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. For each violation, and in addition, the violator shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(E) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other provisions of this code, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Prior Code, § 5.303)
Statutory reference:
Related provisions,
see M.C.L.A. §§ 323.1301 et seq.
§ 5.304 ADMINISTRATION.
(A) Zoning compliance permit required. Development, including the erection of structures, within a flood hazard area shall not occur except upon issuance of a zoning compliance permit in accord with the requirements of the zoning chapter and the following standards.
(1) The requirements of the underlying zoning district and applicable provisions of this chapter must be met.
(2) 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 state’s Department of Natural Resources under authority of Public Act 451 of 1994, being M.C.L.A. §§ 324.1301 et seq. 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) Development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 5.303(B). Application for a development permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(1) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 5.305(B)(2); and
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(C) Designation of the local administrator. The local administrator is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
(D) Duties and responsibilities of the local administrator. Duties of the local administrator shall include, but not be limited to, the following.
(1) Permit review.
(a) Review all development permits to determine that the permit requirements of this chapter have been satisfied.
(b) Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(2) Information to be obtained and maintained.
(a) Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(b) For all new substantially improved floodproofed structures:
1. Verify and record the actual elevation (in relation to mean sea level); and
2. Maintain the floodproofing certifications required in division (B)(3) above.
(c) Maintain for public inspection all records pertaining to the provisions of this chapter.
(3) Interpretation of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in division (E) below.
(E) Variance procedure.
(1) Appeal Board.
(a) The Zoning Board of Appeals as established by the city shall constitute the Appeal Board under this chapter and hear and decide appeals and requests for variances from the requirements of this chapter.
(b) The Appeal Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter.
(c) Those aggrieved by the decision of the Appeal Board, or any taxpayer, may appeal such decision to the appropriate court.
(d) In passing upon such applications, the Appeal Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the master plan and floodplain management program of that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
(e) Upon consideration of the factors of division (E)(1)(d) above and the purposes of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(f) The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
(2) Conditions for variances.
(a) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing divisions (E)(1)(d)1. through (E)(1)(d)11. above have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(b) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(c) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(e) Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public as identified in division (E)(1)(d) above, or conflict with existing local laws or ordinances.
(f) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Prior Code, § 5.304)
Cross-reference:
Zoning, see Chapter 50
Statutory reference:
Related provisions, see M.C.L.A. §§ 323.1301 et seq.
§ 5.305 PROVISIONS FOR FLOOD HAZARD REDUCTION.
(A) General standards. In all areas of special flood hazards, the following standards are required.
(1) Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(2) Construction material and methods.
(a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(3) Utilities.
(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
(c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(4) Subdivision proposals.
(a) All subdivision proposals shall be consistent with the need to minimize flood damage;
(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(d) Base flood elevation data shall be provided for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less).
(B) Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 5.303(B), basis for establishing the areas of special flood hazard, the following standards are required.
(1) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
(2) Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
(a) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(c) Be certified by a registered professional engineer or architect that the standards of this division (B) are satisfied. Such certifications shall be provided to the official as set forth in § 5.304(D)(2)(b).
(Prior Code, § 5.305)