This district relies upon the analysis of flood prone lands in the city as defined in the Federal Emergency Management Agency ("FEMA") in a scientific and engineering report entitled "The Flood Insurance Study for Kent County, All Jurisdictions," dated February 23, 2023, with its accompanying Flood Insurance Rate Maps ("FIRM") panels 26081 CINDIA and 26081 CINDA2A, effective February 23, 2023, which documents are hereby adopted by reference and declared to be a part of this ordinance. The limitations of the flood prone areas shall be considered to be the 100-year floodplain as shown on the most current FIRM.

(Ord. No. 1-23, § 1, 2-7-2023)

It is the purpose of this district to protect the general public and all lands in the city subject to periodic inundation of floodwaters by the following:

A.

Restricting or prohibiting uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood flow heights or velocities.

B.

Requiring that uses vulnerable to floods, including public facilities that serve such uses, be protected against flood damage at the time of initial construction.

C.

Developing means to notify property owners of lands that are unsuited for intended purposes because of flood hazards.

D.

Promoting the goals of the master plan by encouraging the coordination and planning of open space while enhancing and protecting the natural environment.

E.

Aiding to increase the visibility and access to a key natural feature in the city, while maintaining the natural conditions present in the floodplain.

A.

This district shall apply to all lands within the city located within the mapped 100-year floodplain as shown on the FIRM. The provisions and restrictions of this district shall be considered to apply in addition to the provisions of underlying zoning districts shown on the official zoning map, sufficient to fulfill the purpose of this chapter.

B.

Uses and regulations otherwise applicable in existing zoning districts shall not be allowed unless also permitted, and developed in accordance with the regulations of this chapter. This district shall take precedence over any conflicting laws, ordinances or codes.

C.

The city may request public access easements for developments incorporating floodplain areas.

(Ord. No. 1-23, § 2, 2-7-2023)

A.

The following abbreviations apply to the table of uses.

P:

These uses have a low flood damage potential because of their open space nature and shall be permitted by right to the extent that they are allowed uses in the underlying zoning district.

SLU:

The following uses shall be allowed only by special land use approval, to the extent that they are allowed uses in the underlying zoning districts, provided all requirements of chapter 15 are met and priority is given to the retention of the site in its natural state.

(Ord. No. 1-23, § 3, 2-7-2023)

A.

The following review considerations are applicable to those uses outlined in section 4.04 in order to ensure proper construction and, for special land uses, to assist the Planning Commission in evaluating the appropriateness of each use.

B.

All uses:

1.

Any project proposed having property located within the floodplain shall comply with the applicable provisions of City Code chapter 86.

2.

Material and equipment may be stored if it is not subject to major flood damage and must be firmly anchored to prevent flotation or if it is easily removable within the time following the flood warning and preceding the actual flood.

C.

Special land uses. The Planning Commission, in addition to the general standards of section 15.02 shall consider the following points in reviewing an application for a special land use in the floodplain district.

1.

Any possible danger to life and property due to increased flood heights or velocities caused by encroachments on the floodplain.

2.

The danger that materials may be swept on to other lands or downstream to the injury of the public.

3.

The susceptibility of the proposed development 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 development to the community.

5.

The requirement of the proposed development for a waterfront location.

6.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

7.

The availability of alternate locations for the proposed use which are not subject to flooding.

8.

The relationship of the proposed use to the master plan and floodplain management program for the 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 floodwaters expected at the site.

11.

Such other factors which are, in the opinion of the Planning Commission, relevant to the purposes of this district.

D.

Where in the opinion of the Planning Commission topographic data, engineering studies, or other studies are needed to determine the effects of flooding on a proposed use and/or the effects of the use on the floodway, the Planning Commission may require the applicant to submit such data and/or studies prepared by competent engineers or other technical people.

E.

Upon reviewing all data and materials, and before granting approval, the Planning Commission may attach conditions to the granting of approval of a special land use. Such conditions may be, but are not limited to those enumerated, as in the following:

1.

Limitations on periods of use and operation, as needed to address seasonal flooding conditions.

2.

Imposition of operational controls, sureties, deed restrictions, and covenants.

3.

Requirements for construction of channel modifications, dikes, levees, and other protective measures.

A.

Site plan review requirements. The following chart provides requirements for site plan review. A site plan shall be submitted for Planning Commission review in connection with the following, unless specifically exempted in section 14.02.

B.

Lot and yard requirements. The lot and yard requirements of the underlying zoning district shall apply.

C.

Development requirements for parking. The parking requirements for uses in the underlying zoning district shall apply. See also chapter 17 for general requirements.

D.

Development requirements for signs. The sign requirements of the underlying zoning district shall apply. See also chapter 16 for general requirements.

As adopted under section 74-31 of the city code, pursuant to the provisions of the State Construction Code Act, in accordance with Sections 8a and 8b of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code is hereby expressly adopted and shall be enforced by the building official enforcing agency within the jurisdiction of city.

(Ord. No. 1-23, § 4, 2-7-2023)