Environmental standards are established in order to preserve the short and long-term environmental health, safety, and quality of the Village. No parcel, lot, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises. Any use permitted by this Ordinance may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards. No use, otherwise allowed, shall be permitted within any district which does not conform to the following standards of use, occupancy, and operation. These standards are established as minimum requirements to be maintained.

The intent of this section is to:

   1.   Protect and preserve the appearance, character, and value of the community.

   2.   Minimize noise, air, and visual pollution.

   3.   Improve the overall aesthetics and appearance, divide the expanse of pavement, and define parking areas and vehicular circulation within off-street parking lots and other vehicular use areas.

   4.   Require buffering of residential areas from more intense land uses and public road rights-of-way.

   5.   Prevent soil erosion and soil depletion and promote sub-surface water retention.

   6.   Encourage an appropriate mixture of plant material, such as evergreen and deciduous trees and shrubs, to protect against insect and disease infestation and produce a more aesthetic and cohesive design.

   7.   Encourage the integration of existing woodlands in landscape plans.

These requirements shall apply to all uses for which site plan review is required under Section 3.4 of this Ordinance and subdivision plat review as required under the Subdivision Control Ordinance.

No site plan, site condominium plan, or subdivision plat shall be approved unless a landscape plan is provided which meets the requirements set forth herein. The Planning Commission, during site plan review, may determine that conditions unique to the parcel exist which would prevent compliance with the requirements of this Ordinance, or which would make such compliance unnecessary. In such cases, these requirements may be modified in whole or in part. Criteria to be used when considering a modification shall include, but not be limited to:

   1.   Existence of natural vegetation or screening

   2.   Topography

   3.   Existence of areas of poor soils

   4.   Existing and proposed building placement

   5.   Building height

   6.   Adjacent land uses

   7.   Distance between land uses

   8.   Dimensional conditions unique to the parcel

   9.   Traffic, sight distances and traffic operational characteristics on and off site

   10.    Visual, noise and air pollution levels

   11.    Public health, safety, and welfare

A separate detailed landscape plan shall be required to be submitted to the Village as part of the site plan review or tentative preliminary plat review. The landscape plan shall demonstrate that all requirements of this Section are met and shall include, but not necessarily be limited to, the following items:

   1.    Location, spacing, size, root type and descriptions for each plant type.

   2.    Typical straight cross section including slope, height, and width of berms.

   3.   Typical construction details to resolve specific site conditions, such as landscape walls and tree wells used to preserve existing trees or maintain natural grades.

   4.   Details in either text or drawing form to ensure proper installation and establishment of proposed plant materials.

   5.   Identification of existing trees and vegetative cover to be preserved.

   6.   Identification of grass and other ground cover and method of planting.

   7.   Identification of landscape maintenance program including statement that all diseased, damaged, or dead materials shall be replaced in accordance with standards of this Ordinance.

   1.   Upon any improvement for which a site plan is required, a landscape buffer shall be constructed to create a visual screen at least six (6) feet in height along all adjoining boundaries between either a conflicting non-residential or conflicting residential land use and residentially zoned or used property. A landscape buffer may consist of earthen berms and/or living materials so as to maintain a minimum opacity of at least eighty (80%) percent. Opacity shall be measured by observation of any two (2) square yard area of landscape screen between one (1) foot above the established grade of the area to be concealed and the top or the highest point of the required screen. The plantings must meet this standard based upon reasonably anticipated growth over a period of three (3) years.

   2.   Where there is a need to provide a greater noise or dust barrier or to screen more intense development, a solid wall or fence shall be required by the Village. Such wall or fence shall be a minimum of six (6) feet but no greater than eight (8) feet in height as measured on the side of the proposed wall having the higher grade.

   3.   A required wall shall be located on the lot line except where underground utilities interfere and except in instances where this Zoning Ordinance requires conformity with front yard setback requirements. Upon review of the landscape plan, the Village may approve an alternate location of a wall. The Village and the Building Official shall approve the construction materials of the wall or fence which may include face brick, poured-in-place simulated face brick, and pre-cast brick face panels having simulated face brick, stone, or wood.

   1.   Required Landscaping Within Parking Lots. Separate landscape areas shall be provided within parking lots in accordance with the following requirements:

      a.   There shall be a minimum of one (1) tree for every eight (8) parking spaces within a landscape island, provided that a landscape island is required for each sixteen (16) continuous spaces. Where landscape islands are not required, the same ratio of trees shall be placed on the site.

      b.   Landscaping shall be arranged in curbed islands with intermittent water drainage within the parking lot which shall not be less than fifty (50) square feet in area.

      c.   A minimum distance of three (3) feet from the backside of the curb and the proposed landscape plantings shall be provided. Where vehicles overhang a landscape island or strip, a minimum distance of five (5) feet from the backside of the curb and the proposed landscape plantings shall be provided.

      d.   The Village, at its discretion, may approve alternative landscape plantings at the perimeter of parking lots where landscaping within parking lots would be impractical due to the size of the parking lot or detrimental to safe and efficient traffic flow, or would create an unreasonable burden for maintenance and snowplowing.

   2.   Required Landscaping at the Perimeter of Parking Lots. Separate landscape areas shall be provided at the perimeter of parking lots in accordance with the following requirements:

      a.   Parking lots which are considered to be a conflicting land use as defined by this Section shall meet the screening requirements set forth in Section 6.2.4.

      b.   Parking lots shall be screened from view with a solid wall at least three (3) feet in height along the perimeter of those sides which are visible from a public road. The Village, at its discretion, may approve alternative landscape plantings in lieu of a wall.

A greenbelt shall be provided which is an area established at a depth of the required front yard setback within that zoning district and landscaped in accordance with the following requirements:

   1.   The greenbelt shall be landscaped with a minimum of one (1) tree for every thirty (30) lineal feet, or fraction thereof, of frontage abutting a public road right-of-way. Non- ornamental deciduous trees within a greenbelt shall be a minimum caliper of two and one-half (2 1/2) inches or greater. Evergreen trees within a greenbelt shall be a minimum height of six (6) feet.

   2.   If ornamental deciduous trees are substituted for either non-ornamental deciduous trees or evergreen trees, they shall be provided at a minimum of one (1) tree for every twenty (20) lineal feet, or fraction thereof, of frontage abutting a public road right-of- way. Ornamental deciduous trees within a greenbelt shall be a minimum caliper of two (2) inches or greater.

   3.   In addition to the required trees within the greenbelt, the remainder of the greenbelt shall be landscaped in grass, ground cover, shrubs, and other natural landscape materials.

   4.   Access drives from public rights-of-way through required greenbelts shall be permitted, but such drives shall not be subtracted from the lineal dimension used to determine the minimum number of trees required.

In addition to any landscape greenbelt and/or parking lot landscaping required by this section, ten (10%) percent of the site area, excluding existing public rights -of-way, shall be landscaped. Such site area landscaping may include a combination of the preservation of existing tree cover, planting of new trees and plant material, landscape plazas and gardens and building foundation planting beds. Site area landscaping shall be provided to screen potentially objectionable site features such as, but not limited to, retention/detention ponds, transformer pads, air-conditioning units, and loading areas.

Landscaping for single-family residential subdivisions and site condominiums shall be provided in accordance with the following requirements:

   1.    Street Trees. The frontage of all internal public streets shall be landscaped with a minimum of one (1) tree for every fifty (50) lineal feet, or fraction thereof. Such street trees shall meet the minimum size and spacing requirements set forth in Section 6.2.11.

   2.   Screening Between Land Uses. Where a subdivision or site condominium contain uses which are defined as conflicting land uses by this Section, the screening requirements set forth in Section 6.2.4. shall be met.

   3.   Screening From Public Roads. Where a subdivision or site condominium abuts a public road right-of-way located outside of the proposed subdivision or site condominium, the screening requirements set forth in Section 6.2.4. shall be met.

   4.   Other Site Improvements. A landscape plan for a subdivision or site condominium development shall also include landscaping details of the entrance to the development, storm water retention and/or detention areas, community buildings and other recreational areas, and any other site improvement which would be enhanced through the addition of landscaping.

   1.   Quality. Plant materials shall be of generally acceptable varieties and species, free from insects and diseases, hardy to Sanilac County, conform to the current minimum standard of the American Association of Nurserymen, and shall have proof of any required governmental regulations and/or inspections.

   2.   Composition. A mixture of plant material, such as evergreen deciduous trees and shrubs, is recommended as a protective measure against insect and disease infestation. A limited mixture of hardy species is recommended rather than a large quantity of different species to produce a more aesthetic, cohesive design and avoid a disorderly appearing arrangement.

   3.   Berms. Berms shall be constructed with slopes not to exceed a 1:3 gradient. Berm slopes shall be protected with sod, seed, or other form of natural ground cover.

   4.   Existing Trees. The preservation and incorporation of existing trees is encouraged. Where existing trees are used to satisfy the requirements of this Section, the following requirements shall apply:

      a.   Paving, or other site improvements, shall not encroach upon the drip line of the existing tree(s) to be preserved.

      b.   If existing plant material is labeled "To Remain" on site plans by the applicant or required by the Village, protective techniques, such as, but not limited to, fencing or barriers placed at the drip line around the perimeter of the plant material shall be installed during construction. No vehicle or other construction equipment shall be parked or stored within the drip line of any plant material intended to be saved. Other protective techniques may be used provided such techniques are approved by the Village.

      c.    In the event that healthy trees which are used to meet the minimum requirements of this Ordinance or those labeled to remain are cut down, destroyed, damaged, or excavated at the drip line, as determined by the Village, the Contractor shall replace them with trees which meet Ordinance requirements.

   5.    Installation, Maintenance, and Completion.

      a.   All landscaping required by this Ordinance shall be planted before obtaining a Certificate of Occupancy or the appropriate financial guarantee, as set forth in Section 3.7, shall be placed in escrow in the amount of the cost of landscaping to be released only after landscaping is completed.

      b.   All landscaping and landscape elements shall be planted, and earth moving or grading performed, in a sound workmanlike manner, according to accepted planting and grading procedures.

      c.   The owner of property required to be landscaped by this Ordinance shall maintain such landscaping in a strong and healthy condition, free from refuse, debris and insects. All materials used to satisfy the requirements of this Ordinance which become unhealthy, or dead shall be replaced within one (1) year of damage or death or the next appropriate planting period, whichever comes first. All landscaped areas shall be provided with a readily available and acceptable water supply.

Where landscaping is required, the following schedule sets forth minimum size and spacing requirements, for representative landscape materials.

 

 

∙ For hedge plantings

Any person desiring to build or cause to be built a fence upon property within the Village of Lexington shall first apply to the Zoning Administrator for a permit. Application for such permit shall contain any and all information, including site plan and opacity, which are required and necessary for the determination of whether the erection of such fence would be contrary to the provisions of this Ordinance. The fee for such permit shall be set by Council resolution.

Except as otherwise required by this Ordinance, the following regulations shall apply:

6.3.1. In a residential district, fences shall not exceed six (6) feet in height. However,fences are not permitted in front yards, and fences inside yards shall not exceed (4) feet in height and fifty (50%) percent opacity. Opacity is the degree to which a fence is impervious to rays of light. This condition shall be measured by the observation of any two (2) square yard area of fence between one (1) foot above the ground level and the top of the fence. The observation shall be from a direction perpendicular to the place of the fence.

For properties adjacent to Lake Huron with front yards bordering public properties:

   a.   Fencing may be installed only on the boundary between public and private property.

   b.   All fencing shall maintain a minimum setback of ten (10) feet from the natural ordinary high-water mark (NOHWM).

6.3.2. In a commercial, industrial, or office district, no fence, wall, or other screening structure shall exceed eight (8) feet in height. No fence is allowed in the front yard area or in the area fronting the primary building along the street.

6.3.3. For property adjacent to Lake Huron, no fence, wall, or screen will exceed the height of four (4) feet and must have no more than fifty percent (50%) opacity.

6.3.4. The use of barbed wire, spikes, nails, or any other sharp point or instrument of any kind on top or on the sides of any fence is prohibited. Barbed wire cradles may be placed on top of fences enclosing public utility buildings or wherever deemed necessary in the interests of public safety.

6.3.5. No fence shall be constructed or maintained which is charged or connected with an electrical current.

6.3.6. Retaining walls shall be designed and constructed in accordance with applicable building code requirements.

6.3.7. Temporary construction fences and fences required for protection around excavations shall comply with Article 18 of the Basic Building Code. Such fences shall not remain in place for a period greater than a year.

6.3.8. Clear Vision Requirements.

   1.   No fence, wall, screen, hedge, sign, or other structure or planting shall obstruct visibility between the heights of thirty (30) inches and ten (10) feet above the sidewalk grade within twenty-five (25) feet of the intersection of two or more streets.

   2.   On any interior lot, no fence, wall, screen, hedge, sign, or other structure or planting shall obstruct the visibility of a driveway, either on a parcel or on an adjacent parcel, between the height of thirty (30) inches and ten (10) feet measured a distance of twenty (20) feet back from the point where the driveway intersects the street ‘s edge.

It shall be unlawful for any person, firm, or corporation to permit the emission of any smoke or air contaminant in violation of air quality standards adopted by Federal and/or state regulatory authorities.

Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor. The provisions of this Section are not intended to apply to farming activities.

The escape or emission of any gas which is injurious or destructive, harmful to person or property, or explosive shall be unlawful and shall be abated.

6.5.1. Noise which is objectionable as determined by the Village due to volume, frequency, or beat shall be muffled, attenuated, or otherwise controlled, subject to the noise control provisions in Chapter 34 Environment of the Village Code.

6.5.2. In addition, objectionable sounds of an intermittent nature, or sounds characterized by high frequencies, even if falling below the decibel readings in Chapter 34, shall be so controlled so as not to become a nuisance to adjacent uses. Sirens and related apparatus used solely for public purposes are exempt from this requirement. Noise resulting from temporary construction activity shall also be exempt from this requirement.

6.5.3. No use shall generate any ground transmitted vibration in excess of the limits set forth below. Vibration shall be measured at the nearest adjacent lot line. The vibration maximums set forth below are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following standards shall apply:

 

 

6.5.4. Vibrations resulting from temporary construction activity shall be exempt from the requirements of this section.

6.6.1. It shall be unlawful for any person, firm, corporation, or other legal entity to pollute, impair or destroy the air, water, soils, or other natural resources within the Village through the use, storage, and handling of hazardous substances and/or wastes or the storage and disposal of solid, liquid, gaseous and/or sanitary wastes.

6.6.2. Any person, firm, corporation, or other legal entity operating a business or conducting an activity which uses, stores, or generates hazardous substances shall obtain the necessary permits or approval from the appropriate Federal, State, or local authority having jurisdiction.

6.6.3. Any person, firm, corporation, or other legal entity operating a business or conducting an activity which uses, stores, or generates hazardous substances shall complete and file a Hazardous Chemicals Survey on a form supplied by the Village in conjunction with the following:

   1.   Upon submission of a site plan.

   2.   Upon any change of use or occupancy of a structure or premise.

   3.    Upon any change of the manner in which such substances are handled, and/or inthe event of a change in the type of substances to be handled.

6.6.4. All business and facilities which use, store, or generate hazardous substances in quantities greater than 100 kilograms per month (equal to or greater than 25 gallons or 220 pounds) shall comply with the following standards:

   1.   Above-Ground Storage and Use Areas for Hazardous Substances.

      a.   Secondary containment of hazardous substances and polluting materials shall be provided. Secondary containment shall be sufficiently impervious to contain the substance for the maximum anticipated period of time necessary for the recovery of any released substance.

      b.   Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers which are protected from weather, leakage, accidental damage, and vandalism.

      c.    Secondary containment structures such as out buildings, storage rooms, sheds and pole barns shall not have floor drains.

      d.   Areas and facilities for loading/unloading of hazardous substances and polluting materials, as well as areas where such materials are handled and used shall be designed and constructed to prevent discharge or runoff.

   2.   Underground Storage Tanks - Existing and new underground storage tanks shall be registered, installed, operated, maintained, and removed in accordance with

      a.   requirements of the appropriate Federal, State, or local authority having jurisdiction.

   3.   Loading and Unloading Areas.

      a.   Areas used for the loading and unloading of hazardous substances shall be designed and constructed to prevent the harmful release to the environment of hazardous materials which may be spilled or leaked.

6.6.5. All site plans for business or facilities which use, store or generate hazardous substances shall be reviewed by the Fire Department, Village Engineer and any other appropriate experts determined necessary by the Planning Commission prior to approval by the Planning Commission.

No use shall create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmission) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

   1.   Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines.

   2.   The design and/or screening of the development shall insure that glare from automobile and commercial or industrial vehicle headlights shall not be directed into any adjacent property, particularly residential property.

   3.   Exterior doors shall be located, operated, and maintained so as to prevent any glare and light from creating a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses.

   1.    Subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to ensure the security of property and the safety of persons using such public or common areas.

   2.   Exterior lighting shall be located and maintained to prevent the reflection and glare of light in a manner which created a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses. This provision is not intended to apply to public street lighting.

   3.   The following additional standards shall apply:

      a.   Only white, non-glare lighting such as metal halide, color-corrected high- pressure sodium, or other types of lighting which achieve the same effect shall be permitted. Lighting shall be placed and shielded so as to direct the light onto the site and away from adjoining properties. Lighting shall be shielded so that it does not cause glare for motorists.

      b.   The light intensity provided at ground level shall be a minimum of 0.3 foot-candle anywhere in the area to be illuminated. Light intensity shall average a minimum of 0.5 foot-candle over the entire area, measured five (5) feet above the surface.

      c.   Except as noted below, lighting fixtures shall not exceed a height of twenty-five (25) feet. In portions of a site adjacent to residential areas, lighting fixtures shall not exceed a height of twenty (20) feet.

   1.   Illumination of buildings, monuments or flags shall not exceed fifteen (15) foot-candles average maintained. All fixtures shall be shielded or designed to prohibit glare from shining into any residential area, street, or public right-of-way.

   2.   Unshielded luminous tube (neon), LED, incandescent or fluorescent lighting shall be prohibited as an architectural detail on the exterior of any structure; including but not limited to rooflines, cornices, eaves, windows, and door openings. The Planning Commission may approve internally illuminated architectural bands or similar shielded lighting accents as part of a site plan, upon determining that such lighting accents would enhance the aesthetics of the site and would not cause off-site glare or light pollution.

   1.   All interior light fixtures visible through a window from a public right-of-way or adjacent property shall be shielded to prevent glare at the property line or within a public right-of-way. Unshielded luminous tube (neon), LED, incandescent and fluorescent light fixtures shall be prohibited where the light source would be visible through the window from a public right-of-way or adjacent property.

   1.   Running, chasing or otherwise intermittent lighting.

   2.   The internal illumination of translucent building-mounted canopies/awnings.

   3.   The use of laser light sources, searchlights, or any similar high intensity light.

The following are exempt from the lighting requirements of this Section, except that the Zoning Administrator may take steps to eliminate the impact of the exempted items when deemed necessary to ensure that they will not interfere with vehicular traffic or the enjoyment and use of adjacent properties:

   1.   Holiday decorations.

   2.   Window displays without glare.

   3.   Shielded pedestrian walkway lighting.

   4.   Residential lighting with no off-site glare

   1.    The illumination of signs shall comply with all applicable requirements of Article 8 (Signs).

   1.   All lighting, including ornamental lighting, shall be shown on site plans in sufficient detail to allow determination of the effects of such lighting upon adjacent properties, and traffic safety.

Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire suppression equipment and such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.

Existing hazards or potential hazards and nuisances, such as construction sites, junk yards, landfills, sanitary landfills, demolition sites, unused basements, abandoned wells or cisterns and sand, gravel, and stone pits or piles are to be enclosed by suitable fencing or barriers so as not to endanger public health, safety, and welfare.

   1.   Containers and dumpsters shall be consolidated to minimize the number of collection sites, and located so as to reasonably equalize the distance from the building they serve.

   2.   Containers and dumpsters shall be situated so that they do not cause excessive nuisance or offense to occupants of nearby buildings.

   3.   Containers and dumpsters shall be located away from public view insofar as possible.

All developments and earth changes subject to review under the requirements of this Ordinance shall be designed, constructed, and maintained to prevent flooding and protect water quality. The particular facilities and measures required on-site shall reflect the natural features, wetlands, and watercourses on the site; the potential for on-site and off- site flooding, water pollution, and erosion; and the size of the site.

Storm water Management shall comply with the following standards:

   1.   The design of storm sewers, detention facilities, and other storm water management facilities shall comply with the standards for green site technology.

   2.   Storm water management conveyance, storage and infiltration measures and facilities shall be designed to prevent flood hazards and water pollution related to storm water runoff and soil erosion from the proposed development.

   3.   The use of swales and vegetated buffer strips is encouraged in cases where the Planning Commission deems to be safe and otherwise appropriate as a method of storm water conveyance so as to decrease runoff velocity, allow for natural infiltration, allow suspended sediment particles to settle, and to remove pollutants.

   4.   Alterations to natural drainage patterns shall not create flooding or water pollution for adjacent or downstream property owners.

   5.   Discharge of runoff from any site which may contain oil, grease, toxic chemicals, or other polluting materials is prohibited. If a property owner desires to propose measures to reduce and trap pollutants, the owner must meet the requirements of the Michigan Department of Environmental Quality. Based upon professionally accepted principles, such a proposal shall be submitted and reviewed by the Village Engineer, with consultation of appropriate experts.

   6.    Drainage systems shall be designed to protect public health and safety and to be visually attractive, taking into consideration viable alternatives.

For the purpose of controlling drainage to off-site properties and drainage ways, all properties which are developed under this zoning ordinance, whether new or improved shall provide for on-site detention storage of storm water in accordance with the current Michigan Department of Environmental Quality standards.

   1.   The floodplains of the Village are subject to periodic inundation of floodwaters which result in loss of property, health, and safety hazards, disruption of commerce and governmental service, and impairment of tax base.

   2.   It is the purpose of this section to comply with the provisions and requirements of the National Flood Insurance Program, as constituted in accordance with the National Flood Insurance Act of 1968, and subsequent enactments and rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency (FEMA), as published in the Federal Register, Vol. 41, No. 207, October 26, 1976, and re-designated at 44FR 31177, May 31, 1979.

   3.   The provisions of this section are intended to:

      a.   help protect human life, prevent, or minimize material losses, and reduce the cost to the public for rescue and relief efforts;

      b.   restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause excessive increases in flood heights or velocities;

      c.   require that uses vulnerable to floods, including public facilities which serve such uses, shall be protected against flood damage at the time of initial construction;

      d.   protect individuals from buying lands which are designated to be unsuited for intended purposes because of flooding;

      e.   permit reasonable economic use of property located within a designated floodplain area.

   1.   Designated floodplain areas shall overlay existing zoning districts delineated on the Zoning District Map of the Village. The boundaries of the floodplain areas are identified in the report entitled, the Flood Insurance Study, Village of Lexington, prepared by FEMA with an effective date of January 6, 2012, a flood insurance rate map (FIRM) produced by FEMA that shows the floodplain boundary, the base flood elevation (587 feet or such other applicable elevation as determined by the appropriate governmental authority) and the special hazard areas (SFHA’s) which are labeled as Zone AE and the community panel (map) number 26151C0494B. The flood insurance study, the flood insurance rate map (FIRM) and the community panel map as revised from time to time are adopted by reference, appended, and declared to be part of this Ordinance.

   2.   The standard applied to establishing the floodplain area is the base floodplain delineated by the base flood. In areas associated with ravine flooding, a floodway is designated within the floodplain area.

   3.   Where there are disputes as to the location of a floodplain area boundary, the Zoning Board of Appeals shall resolve the dispute in accordance with Article 11.0.

   1.   In addition to other requirements of this Ordinance applicable to development in the underlying zoning district, compliance with the requirements of this section shall be necessary for all development occurring within designated floodplain areas. Conflicts between the requirements of this section and other requirements of this Ordinance

   2.    or any other Ordinance shall be resolved in favor of this section, except where the conflicting requirement is more stringent and would further the objectives of this section. In such cases, the more stringent requirement shall be applied.

   3.   Upon application for land use permits, the Zoning Administrator shall determine whether said use is located within a designated floodplain area utilizing the documents cited in Section 6.12.2. The issuance of a land use permit within the floodplain area shall comply with the following standards:

   a.   The requirements of this section shall be met;

   b.   The requirement of the underlying districts and all other applicable provisions of this Ordinance shall be met; and

      c.   All necessary development permits shall have been issued by appropriate Local, State, and Federal authorities, including a floodplain permit, approval, or letter of authority from the Michigan Department of Natural Resources under authority of Act 245, Public Acts of 1929, as amended by Act 167, Public Acts of 1968. 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.

   4.   Floodplain Management Administrative Duties.

      a.   With regard to the National Flood Insurance Program, and the regulation of development within the flood hazard area zone as prescribed in Section 6.12.4, the duties of the Zoning Administrator shall include, but are not limited to;

         i.   Notification to adjacent communities and the Department of Natural Resources of the proposed alteration or relocation of any watercourse, and the submission of such notifications to the Federal Insurance Administration;

         ii.   Verification and recording of the actual elevation in relation to mean sea level of the lowest floor, including basement, of all new or substantially improved structures constructed within the flood hazard area, and in the case of flood proofed structures, the elevation to which the structure was flood proofed; and

         iii.   Recording of all certificates of flood proofing, and written notification to all applicants to whom variances are granted in flood hazard area zone indicating the terms of the variance. A record of all variance notifications and variance actions shall be maintained together with the justification for each variance.

      b.   All records and maps pertaining to the National Flood Insurance Program shall be maintained in the office of the Zoning Administrator and shall be open for public inspection.

      c.   It shall be the responsibility of the Zoning Administrator to obtain and utilize the best available flood hazard data for purposes of administering the Ordinance in the absence of data from FEMA.

   1.   The following general standards and requirements shall be applied to all uses proposed to be located within the floodplain area:

      a.   All new construction and substantial improvements within a floodplain, including the placement of prefabricated buildings and mobile homes, shall;

         i.   Be designed and 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 new and replacement water supply systems shall minimize or eliminate infiltration of flood waters into the systems.

      c.   All new and replacement sanitary sewage systems shall minimize or eliminate infiltration of flood waters into the systems and discharges from systems into flood waters.

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

      e.   Adequate drainage shall be provided to reduce exposure to flood hazards.

      f.   The Village Engineer or his representative shall review development proposals to determine compliance with the standards in this section and shall transmit his determination to the Zoning Administrator.

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

      h.   The flood carrying capacity of any altered or relocated watercourse not subject to state and Federal regulations designed to ensure flood carrying capacity shall be maintained.

      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 FEMA shall take precedence over data from other sources.

   2.   The following specific standards shall be applied to all uses proposed to be located within the floodplain area but not within the floodway portion of the floodplain area.

      a.   All new construction and substantial improvements of non-residential structures shall have either;

         i.   The lowest floor, including basement, elevated at least one-tenth (0.1) foot above the base flood level;

         ii.   Be constructed such that below 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, and that the flood proofing methods employed are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with base flood in the location of the structure.

   3.   Mobile Home Standards: The following general standards and requirements shall be applied to mobile homes located within flood plain areas:

      a.   Anchoring must meet HUD specifications, per rule 605.

      b.   An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the Village and Sanilac County Sheriff Department for mobile home parks and mobile home subdivisions.

      c.   Mobile homes within zones A1-30 on the Flood Insurance Rate Map shall be located in accord with the following standards;

         i.    All mobile homes shall be placed on stands or lots which 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.

         ii.    Adequate surface drainage away from all structures and access for a mobile home hauler shall be provided.

         iii.   In the instance of elevation on pilings, lots shall be large enough to permit steps, piling foundations shall be placed in stable soil no more than ten (10) feet apart; and reinforcement shall be provided for piers more than six (6) feet above ground level.

         iv.    In mobile home parks and mobile home subdivisions which exist at the time this subsection is adopted, where repair, reconstruction, or improvement of streets, utilities, and pads equals or exceeds fifty (50%) percent of the value of the streets, utilities, and pads before the repair, the standards in the subparagraphs above shall be complied with.

   4.    The following standards shall be applied to all uses proposed to be located within the floodway portion of the floodplain area.

      a.   Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited. Exception to this prohibition shall only be made upon certification by a registered professional engineer or the Department of Natural Resources that the development proposed will not result in any increases in flood levels during a base flood discharge, and compliance with Act 245, Public Acts of 1929, as amended by Act 167, Public Acts of 1968.

      b.   The placement of mobile homes shall be prohibited.

      c.   The uses of land permitted in an underlying zoning district shall not be constructed as being permitted within the regulatory floodway, except upon compliance with the provisions of this section.

   1.    The degree of flood protection required by provisions of this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions.

   2.    These provisions do not imply that areas outside the floodplain or land uses permitted within such districts will be free from flooding or flood damages nor shall the Village or any officer or employee thereof be liable for any flood damages that result from reliance on the provisions of this section, or any administrative decision lawfully made there under.

6.13.1. Any building requiring yard space shall be located at such an elevation that a finished grade shall be maintained to cause the flow of surface water to run away from the walls of the building. All grades shall be established and maintained so that surface water run- off damage does not occur to adjoining properties prior to, during, and after construction.

6.13.2. When a new building is constructed on a vacant lot between two (2) existing buildings or adjacent to an existing building, the Building Official shall use the existing established finished grade or the minimum established grade, in determining the proper grade around the new building. The yard around the new building shall be graded in such a manner as to meet existing codes and to preclude normal run-off of surface water to flow onto the adjacent property.

6.13.3. Final grades shall be approved by the Building Official who may require a grading plan which has been duly completed and certified by a registered engineer or land surveyor.

It is the purpose of this section to protect the waters of Lake Huron and its shoreline as a community resource to which the welfare and prosperity of village residents are dependent.

   1.   All properties adjacent to Lake Huron within the boundaries of the Village with the exception of those parcels contiguous to the inner Harbor and that are also within the Harbor break walls. Maps that show the parcels that are excluded from the shoreline protection area are available from the zoning administrator.

   1.   No building or structure shall be built, located, relocated, or constructed within the 100-year floodplain as determined by FEMA [currently lakeward of FEMA, B.F.E. 587, DAVD 88, also refer to Section 6.12.2. of a shoreline protection area with the exception of:

      a.   Engineered non recreational shoreline protection or erosion control structures, such as seawalls, jetties, breakwaters, groins, bulkheads, and revetments erected for land conservation purposes and permitted by the MDEQ and/or USACE.

      b.   Accessory buildings as permitted in Section 5.4.1.

   2.   A natural vegetation strip shall be maintained within 10 feet of the water’s edge of tributaries which empty into Lake Huron and within 25 feet landward of the natural Lake Huron beachfront sand. Existing soil and organic matter shall not be altered or disturbed within the natural vegetation strip. Shrubbery, trees, or other vegetation shall be preserved as far as practicable and when removed shall be replaced with other naturally occurring vegetation that is equally effective in retarding runoff, preventing erosion, and preserving natural beauty. * A mowed lawn shall not serve as a desirable vegetation strip adjacent to the shoreline. It shall be the landowner’s responsibility to maintain this vegetation belt in a healthy state.

*OURS TO PROTECT, Appendix B for Best Management Practices and additional guidelines (available at Village Office)