This district is intended primarily to protect those undeveloped areas of the city which are subject to predictable flooding in the floodplain area so that the reservoir capacity will not be reduced or to impede, retard, accelerate or change the direction of flow or carrying capacity of the river valley or to otherwise increase the possibility of flood. Said regulations, while permitting reasonable use of such properties will help to protect human life, prevent or minimize material and economic losses and reduce the cost to the public in time of emergency through public aid or relief efforts occasioned by the unwise occupancy of such flood areas.

(Ord. No. 95-06, § 1, 12-27-95; Ord. No. 23-01, § 1, 1-3-23)

A.

The flood hazard area zone shall overlay existing zoning districts delineated on the official City of Lowell Zoning Map. The boundaries of the flood hazard area zone shall coincide with the boundaries of the areas indicated as within the limits of the 100-year flood in the report entitled "The Flood Insurance Study for Kent County, All Jurisdictions" and dated February 23, 2023 and the Flood Insurance Rate Map (FIRM) panel numbers shown on the index panels: 26081CINDIA and 26081CIND2A, effective February 23, 2023. Within the flood hazard, area zone a regulatory floodway shall be designated. The boundaries of the regulatory floodway shall coincide with the floodway boundaries indicated on the FIRM. The study and accompanying maps are adopted by reference, appended, and declared to be part of this ordinance. The term flood hazard area as used in this ordinance shall mean the flood hazard area zone and the term floodway shall mean the designated regulatory floodway.

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.

C.

In addition to other requirements of this ordinance applicable to development in the underlying zoning district, compliance with the requirements of this chapter shall be necessary for all development occurring within the flood hazard area zone.

(Ord. No. 95-06, § 1, 12-27-95; Ord. No. 23-01, § 1, 1-3-23)

A.

Any use permitted in the underlying zoning district, whether by right or by special land use, shall be permitted within the Floodplain Overlay district in accordance with the standards and regulations of the underlying zoning district.

B.

The standards and regulations of this chapter shall also apply to any use proposed in the Floodplain Overlay district. Where there is a conflict between the provisions of this chapter and another applicable section of this ordinance, the more restrictive provisions shall control.

(Ord. No. 95-06, § 1, 12-27-95; Ord. No. 23-01, § 1, 1-3-23)

A.

Development, including the erection of structures, placement of manufactured homes, filling, grading, mining, dredging, paving, or storage of equipment or materials within the floodplain overlay district shall not occur except in accordance with the requirements of this ordinance and the following standards:

1.

The requirements of this chapter shall be met.

2.

The requirements of the underlying zoning district and applicable general provisions of this ordinance shall be met;

3.

All necessary permits shall have been issued by the appropriate local, state, and federal authorities, including a floodplain permit, or letter of no authority from the Michigan Department of Environment Great Lakes and Energy, under authority of Act 451, of the Public Acts of 1994, as amended.

4.

The proposed use and/or structure(s) shall be so designed as not to reduce the water impoundment capacity of the floodplain or significantly change the volume or speed of the flow of water.

5.

Utilities, streets, off-street parking, railroads, structures, and buildings for public or recreational uses shall be designed so as not to increase the possibility of flood or be otherwise detrimental to the public health, safety, and welfare.

B.

Specific base flood elevation standards:

1.

On the basis of the Flood Insurance Rate Maps (FIRMs), all new construction and substantial improvements shall have the lowest floor, including basements, elevated at least one (1) foot above the flood level.

2.

The most recent flood elevation data received from the Federal Emergency Management Agency (FEMA) shall take precedence over data from other sources.

(Ord. No. 95-06, § 1, 12-27-95; Ord. No. 23-01, § 1, 1-3-23)

Prior to the issuance of building permit for structures on or adjacent floodplain areas, the city manager shall require the applicant for such permit to submit an approved permit by the Michigan Department of Environment Great Lakes and Energy, topographic data, engineering studies, proposed site plan and/or other similar data needed to determine the possible effects of flooding on a proposed structure and/or the effect of the structure on the flow of water. All such required data shall be prepared by a registered professional civil engineer.

(Ord. No. 95-06, § 1, 12-27-95; Ord. No. 23-01, § 1, 1-3-23)

The City of Lowell shall incur no liability whatsoever by permitting any use of building within the floodplain within the city.

(Ord. No. 95-06, § 1, 12-27-95; Ord. No. 23-01, § 1, 1-3-23)

A.

All new construction and substantial improvements within a flood hazard area, including the placement of prefabricated buildings and manufactured homes, shall:

1.

Have the lowest floor, including basement elevated one foot above the base flood elevation;

2.

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

3.

Be constructed with materials and utility equipment resistance to flood damage; and

4.

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. On-site waste disposal systems shall be located to avoid impairment to the system or contamination from the system during flooding.

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 zoning enforcement officer or his representative shall review development proposals to determine compliance with the standards of this section.

G.

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

H.

The flood carrying capacity of any altered or relocated watercourses not subject to state or 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 chapter. Data furnished by the Federal Insurance Administration shall take precedence over data from other sources.

J.

In the event that the standards of this Chapter conflict with Appendix G of the Michigan Building Code, as amended, Appendix G shall control.

(Ord. No. 95-06, § 1, 12-27-95; Ord. No. 23-01, § 1, 1-3-23)

A.

All manufactured homes shall be elevated a minimum of one (1) foot above the base flood elevation, anchored to resist floatation, collapse, or lateral movement by meeting the following specifications:

1.

Over the top ties shall be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations, except that on manufactured homes less than fifty (50) feet in length one (1) tie per side shall be required.

2.

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

3.

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

4.

All additions to a manufactured home shall be similarly elevated and anchored.

B.

An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the City of Lowell for manufactured home parks and subdivisions.

C.

Manufactured homes within the 100-year floodplain on the flood insurance rate map shall be located in accordance with the following standards:

1.

All manufactured homes shall be placed on stands or lots which are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be one (1) foot above the base flood level.

2.

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

3.

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 feet above ground level.

4.

In manufactured home parks and subdivisions which exist at the time of the adoption of this chapter 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 of this chapter shall be met.

5.

In the event that the standards of this Chapter conflict with Appendix G of the Michigan Building Code, as amended, Appendix G shall control.

(Ord. No. 95-06, § 1, 12-27-95; Ord. No. 23-01, § 1, 1-3-23)