This article may be cited as the “Flood Hazard Management Ordinance of the City of Flint.”

(Ord. 2787, passed 12-22-1980)

   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AREA OF SHALLOW FLOODING. A designated VO zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

   AREA OF SPECIAL FLOOD HAZARD. The land in the flood plain within a community subject to 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 manmade change to improved or unimproved real estate, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

   EXISTING MOBILE HOME PARK or MOBILE HOME SUBDIVISION. A parcel of land (or contiguous parcels of land) divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this article.

   EXPANSION TO EXISTING MOBILE HOME PARK or MOBILE HOME SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete or the construction of streets).

   FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land area from:

      (1)   The overflow of inland or tidal 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 hazard 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 insurance rate maps and the water surface elevation of the base flood.

   HABITABLE FLOOR. Any floor usable for living purposes, which include working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a HABITABLE FLOOR.

   NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of this article.

   NEW MOBILE HOME PARK or MOBILE HOME SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this article.

   MOBILE HOME. A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational or travel trailers.

   START OF CONSTRUCTION. The first placement of permanent construction of a structure (other than a mobile home) 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 of 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. For mobile homes not within a mobile home park or mobile home subdivision, START OF CONSTRUCTION means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivision, START OF CONSTRUCTION is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads), and installation of utilities is complete.

   STRUCTURE. A walled and roofed building, a mobile home 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 means any repair is started; or

         b.   If the structure has been damaged and is being restored before the damage occurred. 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 the alteration affects the external dimensions of the structure.

      (2)   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 alterations of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

   VARIANCES. A grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article.

(Ord. 2787, passed 12-22-1980; Ord. 2789, passed 2-23-1981)

   The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled The Flood Insurance Study for the City of Flint, 1980 with accompanying flood insurance rate maps is hereby adopted by reference and declared to be a part of this article. The flood insurance study is on file in the City Clerk’s office of the City.

(Ord. 2787, passed 12-22-1980)

   (a)   A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 50-171 hereof. Application for a development permit shall be made on forms furnished by the City 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.

   (b)   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 civil engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 50-177 hereof; and

      (4)   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Ord. 2787, passed 12-22-1980)

   The Director of Building and Safety Inspections for the City is appointed to administer and he or she shall implement this article by granting or denying development permit applications in accordance with its provisions.

   (a)   Duties of the Director of Building and Safety Inspections shall include, but not be limited to:

      (1)   Review of all development permits to determine that the permit requirements of this article have been satisfied;

      (2)   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; and

      (3)   Review all development permits for compliance with the provisions of § 50-177 hereof.

   (b)   When base flood elevation data has not been provided in accordance with § 50-173 hereof, the Director of Building and Safety Inspections shall obtain, review and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer § 50-177(d)(1) and § 50-177(d)(2).

   (c)   The Director of Building and Safety Inspections shall perform the following duties:

      (1)   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;

      (2)   For all new substantially improved floodproofed structures:

         a.   Verify and record the actual elevation (in relation to the mean sea level); and

         b.   Maintain the floodproofing certification required in § 50-177 hereof.

      (3)   Maintain for public inspection all records pertaining to the provisions of this article;

      (4)   Notify adjacent communities and the State coordinating agency prior to any alteration or relocation of a watercourse, and submit evidence of the notification to the Federal Insurance Administration;

      (5)   Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished; and

      (6)   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 the mapped boundary and actual field conditions). The persons contesting the locations of the boundary shall be given reasonable opportunity to appeal the interpretation as provided in this section.

(Ord. 2787, passed 12-22-1980)

   (a)   The Zoning Board of Appeals as established by the City shall hear and decide appeals and requests for variances from the requirements of this article.

   (b)   The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Director of Building and Safety Inspections in the enforcement or administration of this article.

   (c)   Those aggrieved by the decision of the Zoning Board of Appeals may appeal the decision to the Circuit Court for Genesee County, as provided by construction, case law and statutes of the State of Michigan.

   (d)   In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, 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 effects of such damage on the individual owner;

      (4)   The importance of 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 used which is 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 comprehensive plan and flood plain 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 system, and streets and bridges.

   (e)   Upon consideration of the factors enumerated in § 50-178, and the purpose of this article, the Zoning Board of Appeals may attack such conditions to the granting of variances as it deems necessary to further the purpose of this article.

   (f)   The Zoning Administrator shall maintain the records of all appeal actions including technical information and report any variances to the Federal Insurance Administration upon request.

(Ord. 2787, passed 12-22-1980)

   (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, provided § 50-175(d)(1) through (d)(11) 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 the 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 is the minimum necessary, considering flood hazard, to afford the relief; and

      (3)   A determination that failure to grant the variance would not result in the increased flood height, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 50-173 hereof, or conflict with existing 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.

(Ord. 2787, passed 12-22-1980)

   (a)   General standards. In all areas of special flood hazards the following standards are required.

      (1)   All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

      (2)   Construction materials and methods:

         a.   All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; and

         b.   All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

      (3)   All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements shall be that:

         a.   Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side;

         b.   Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side;

         c.   All components of the anchoring system be capable of carrying a force of 4,800 pounds; and

         d.   Any additions to the mobile home be similarly anchored.

   (b)   Utilities.

      (1)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

      (2)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate flood waters into the system and discharge from the systems into flood waters.

      (3)   On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

   (c)   Subdivision proposals.

      (1)   All subdivision proposals shall be consistent with the need to minimize flood waters.

      (2)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

      (3)   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

      (4)   Base flood elevation data shall be provided, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one-tenth of a foot at any point.

   (d)   Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 50-172 hereof, or in § 50-178, 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 the basement elevated to the level of the base flood elevation; or, together with the 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/or

         c.   Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the officials as set forth in § 50-173(b)(3).

      (3)   Mobile homes.

         a.   Mobile homes shall be anchored in accordance with § 50-177(a)(3); and

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

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

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

            3.   In the instance of elevation on pilings that:

               i.   Lots are large enough to permit steps;

               ii.   Piling foundations are placed in stable soil no more than ten feet apart; and

               iii.   Reinforcement is provided for pilings more than six feet above the ground level.

(Ord. 2787, passed 12-22-1980; Ord. 2789, passed 2-23-1981)

   Located within areas of special flood hazard as established in § 50-172 hereof are areas designated as floodway. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:

   (a)   Prohibited encroachments, including fill, new construction, substantial improvements and other development unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and

   (b)   If § 50-177 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 50-178.

(Ord. 2787, passed 12-22-1980)

   No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article and other applicable regulations Violation of the provisions of this article, or failure to comply with any of its requirements (including violations of the conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned not more than 90 days, or both, for each violation, and in additional shall pay the costs and the 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.

(Ord. 2787, passed 12-22-1980)

   This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 2787, passed 12-22-1980)

   The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Later floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that the land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(Ord. 2787, passed 12-22-1980)