The purpose of the flood plain district is to protect the natural, human, and economic resources of the city and to promote the public health, safety, and general welfare, by application of special regulations to the use of land which may be subject to periodic inundation at predictable intervals. Said regulations, while permitting reasonable economic use and considering the physical limitations of such land, will help to protect the public health, public safety, and general welfare, and will reduce the financial burdens imposed upon the community which may result from the improper use of land. All lands included in said district shall be subject to the terms imposed herein in addition to the terms imposed by any other district in which said lands may be located.

Further, the objectives of this Article include:

A.

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

B.

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;

C.

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

D.

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

E.

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

F.

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

A.

The flood plain district area shall be considered an overlay to existing zoning districts delineated on the official City of Eaton Rapids Zoning Map. The areas of the flood plain district shall coincide with the boundaries of the areas of special flood hazards (A zones) and area indicated as within the limits of the one hundred (100) year flood area designated by the Federal Emergency Management Agency (FEMA) in the flood insurance study, dated October 15, 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.

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, based upon the following:

1.

Where disputes arise as to the location of the flood hazard area boundary or the limits of the floodway, the zoning 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 flood plain studies issued by the FEMA. Where FEMA information is not available, the best available floodplain information should be utilized.

2.

Where a dispute involves an allegation that the boundary is incorrect as mapped and FEMA flood plain studies are being questioned, the zoning 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 or letter of map revision issued by the FEMA or the designee.

3.

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

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 local permit in accord with the requirements of this Ordinance and the following standards:

The term "development," as used in this section, shall mean any man-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 operation 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 flood plain permit, approval, or letter of no authority from the Michigan Department of Environmental Quality under authority of Public Act 451, as amended. Where a development permit cannot be issued prior to the issuance of a local 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, including the placement of prefabricated buildings and mobile homes, in the flood hazard area shall:

i.

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

ii.

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

iii.

Be constructed by methods and practices that minimize flood damage.

b.

All subdivision proposals and other proposed new development in the floodplain district shall be reviewed by the building inspector to assure that:

i.

All such proposals are consistent with the need to minimize flood damage in the floodplain district;

ii.

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;

iii.

Adequate drainage is provided to reduce flood hazards.

c.

All new and replacement water supply system in the flood plain district shall be designed to minimize or eliminate infiltration of flood waters into the system.

d.

All new and replacement sanitary sewage systems in the flood plain district shall be designed to minimize or eliminate infiltration of flood water into the systems and discharges from the systems into flood waters. All on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

e.

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

f.

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

g.

Development plans shall be reviewed in accordance with this Ordinance to determined compliance with the standards in this Ordinance. The building inspector shall review development proposals to determine compliance with the standards of this Article.

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 building inspector shall notify adjacent communities and the state coordinating agency and shall submit copies of such notifications to the Federal Emergency Management Agency, prior to any alteration or relocation of a watercourse.

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 FEMA shall take precedence over data from other sources.

j.

All subdivision proposals and other proposed new development in the flood plain district, greater than fifty (50) lots or five (5) acres, whichever is less, shall include within such proposals the base flood elevation data (that flood having at least a one (1) per cent chance of being equaled or exceeded in any given year).

k.

Land shall not be divided in such a manner so as to create parcels or lots that cannot be used in conformance with the requirements of this section.

5.

Obstruction of floodways. Located within areas of special flood hazard are areas designated as floodways. Since the floodway is extremely hazardous due to the velocity of flood waters 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 is satisfied, all new construction and substantial improvement shall comply with all applicable flood hazard reduction provisions of this Ordinance and the city's Code of Ordinances.

6.

Filling and dumping. Dredging, filling, dumping, and/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.

7.

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 zones A1, A2, and A5:

i.

All new construction and substantial improvement of residential structures shall have the lowest floor, including basement, elevated to one (1) foot or above the base flood level.

ii.

All new construction and substantial improvement of nonresidential structures shall have either:

1)

The lowest floor, including basement, elevated to one (1) foot or above the base flood level; or

2)

Be constructed such that below the 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. Said certification shall be submitted as provided and shall indicate the elevation to which the structure is flood proofed.

b.

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

i.

All new construction and substantial improvement of residential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street or above the depth number specified on the applicable flood insurance rate map.

ii.

All new construction and substantial improvement of nonresidential structures shall have either:

1)

The lowest floor, including basement elevated above the crown of the nearest street or above the depth number specified on the applicable flood insurance rate map; or

2)

Be constructed such that below the 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. Said certification shall be submitted as provided and shall indicate the elevation to which the structure is flood proofed.

c.

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

8.

Mobile home standards.

a.

All mobile 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:

i.

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 fifty (50) feet in length, one tie per side shall be required.

ii.

Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points, except that on mobile homes less than fifty (50) feet in length, four (4) ties per side shall be required.

iii.

All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds.

iv.

All additions to a mobile home shall be similarly anchored.

b.

For mobile home parks and mobile home subdivisions located within the flood plain district, an evacuation plan indicating an alternate vehicular access and escape routes shall be filed with the fire chief and the Eaton County Civil Defense Director and/or Emergency Management Director.

c.

For all new mobile home parks and mobile home subdivisions, expansions to existing mobile home parks and mobile home subdivisions, existing mobile home parks and mobile home subdivisions where the repair, reconstruction, or improvement of the streets, utilities, and pads equals or exceeds fifty (50) per cent of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement has commenced, and all individual mobile homes not in a mobile home park or mobile home subdivision within the flood plain district require that:

i.

Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be one (1) foot or above the base flood level;

ii.

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

iii.

In the instance of elevation on pilings, that:

1)

Lots are large enough to permit steps;

2)

Piling foundations are placed in stable soils no more than ten (10) feet apart; and

3)

Reenforcement is provided for pilings more than six (6) feet above the ground level.

d.

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

A.

Variances from the provisions of this Article shall only be granted by the zoning board of appeals for new construction and substantial improvements to be erected on a lot one-half (½) acre or less in size, contiguous to and surrounded by lots within existing structures constructed below the base flood level and upon a determination of compliance with the general standards for variances contained in this section and each of the following specific standards:

1.

Good and sufficient cause is shown;

2.

Determination is made that failure to grant the variance would result in exceptional hardship to the applicant;

3.

Determination is made 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 on or victimization of the public, or conflict with existing local laws or ordinances;

4.

Determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

5.

The building inspector notifies the applicant in writing that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance and that such construction below the base flood level, increases risk to life and property.

B.

Variances may be granted for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the Michigan Inventory of Historic Places without regard to the procedures set forth in this section.

C.

The building inspector shall maintain a permanent record of all variance actions, including justification for their issuance and the notification required in this section, and shall report such variances granted in the annual report submitted to the Federal Emergency Management Agency.

The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes, and for promotion of the public health, safety, and general welfare, and is based on 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 or premises under this Article shall not be considered approval, guarantee, or warranty of safety or suitability.

This Ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Eaton Rapids or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder.

Within the flood plain district zone, no land use shall be used and no building shall be erected, except for one (1) of the uses identified in the underlying zoning district as a principal permitted use, unless otherwise provided for as a conditional use.

Within the flood plain district zone, the uses identified as conditional uses in the underlying zoning district shall require a conditional use approval and shall comply with any applicable conditional use requirements identified in Article XXIII of this Ordinance.

A.

Agency designated. Pursuant to the provisions of the State Construction Code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, the Building Official of the City of Eaton Rapids is hereby designated as the enforcing agency to discharge the responsibility of the City of Eaton Rapids under Act 230, of the Public Acts of 1972, as amended, State of Michigan. The City of Eaton Rapids assumes responsibility for the administration and enforcement of said Act through out the corporate limits of the community adopting this ordinance.

B.

Code Appendix enforced. Pursuant to the provisions of the State Construction Code, in accordance with Section 9b(6) of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency within the City of Eaton Rapids.

C.

Designation of regulated flood prone hazard areas. The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) Entitled Eaton County, Michigan (All Jurisdictions) and dated 11/26/10 and the Flood Insurance Rate Map(s) (FIRMS) panel number(s) of 26056C; 0343E, 0344E, 0456E, and 0457E and dated 11/26/10 are adopted by reference for the purposes of administration of the Michigan Construction Code, and declared to be a part of Section 1612.3 of the Michigan Building Code, and to provide the content of the "Flood Hazards" section of Table R301.2(1) of the Michigan Residential Code.

(Ord. No. 2010-6, §§ 1—3, 11-22-10; Ord. No. 2010-7, §§ 1—3, 12-28-10)

Editor's note— Ord. No. 2010-6, §§ 1—3, adopted Nov. 22, 2010, amended the Code by adding provisions designated as App. A, § 3.60. Inasmuch as § 3.60 already exists, the provisions have been redesignated as App. A, § 3.80, at the discretion of the editor.