It is the purpose of this chapter to significantly reduce hazards to persons and damage to property as a result of flood conditions in the City of Muskegon Heights and to retain the storm water retention capabilities of existing natural systems helping to prevent the need for significant public investment for manmade drainage systems.

(Ord. No. 19-635, 9-23-19)

A.

The water and floodplain overlay district shall overlay existing zoning districts delineated on the official City of Muskegon Heights FEMA Map. The term "floodplain" as used in this ordinance shall mean the water and floodplain overlay district and shall be the designated regulatory flood plain.

B.

When a development approval is requested for any use requiring site plan review (e.g., multifamily development, planned unit development or site condominium), the location of the water and floodplain overlay district boundary shall be determined as follows:

1.

The city shall be provided with accurate topographic data for the site in addition to information addressing stormwater storage and flooding potential of the area. The submitted information shall be sealed by a registered civil engineer.

2.

The city engineer shall advise the city regarding the submitted site information and whether or not relocating the district boundary on the piece of property will negatively affect flooding and storm water storage potential on the subject property or for upstream and downstream properties.

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 water and floodplain overlay district. Conflicts between the requirements of this chapter and other requirements of this ordinance or any other ordinance shall be resolved in favor of this chapter, except where the conflicting requirement is more stringent and would further the objectives of this chapter. In such cases, the more stringent requirement shall be applied.

(Ord. No. 19-635, 9-23-19)

Notwithstanding any other provisions of this ordinance, no building or structure shall be erected, expanded, converted, or structurally altered, and no land and/or structure shall be used in the floodplain except for one or more of the following uses:

A.

Farming, gardening, and horticulture;

B.

Open recreational uses such as parks, playgrounds, playfields, athletic fields, nature center and nature paths; or

C.

In the area within water and floodplain overlay district, land may be used to supply open space or lot area requirements of a lot partially located outside, provided, however, no building or structure shall be located within the floodplain.

(Ord. No. 19-635, 9-23-19)

A.

Within the water and floodplain overlay district, off-street parking is permitted as a use accessory to a main use provided no fill is brought to the site for such parking areas.

(Ord. No. 19-635, 9-23-19)

The following uses are allowed in the water and floodplain overlay district when approved as a special land use pursuant to the procedures described herein and as provided in chapter 16 (special land uses):

A.

In the area within the water and floodplain overlay district, dumping 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 flood plain will be maintained or improved, and unless all applicable state regulations are met.

B.

In the area within the water and floodplain overlay district, the construction or location of bridges, outdoor play equipment, bleachers and similar outdoor equipment and appurtenances is prohibited unless such elements would not cause an increase in water surface elevation, obstruct flow or reduce impoundment capacity of the floodplain. In addition, all equipment shall be anchored to prevent flotation and lateral movement. Approval of a special land use permit for any of the above shall be subject to an engineering finding by a registered engineer that the above requirements are satisfied.

(Ord. No. 19-635, 9-23-19)

See parking requirements of the respective uses in the underlying zoning district.

(Ord. No. 19-635, 9-23-19)

See sign regulations of the respective uses in the underlying zoning district.

(Ord. No. 19-635, 9-23-19)

All on-site new and replacement water and sewer systems and appurtances in the floodplain shall be located and designed to minimize infiltration of flood waters and constructed to Muskegon County Health Department standards so as to avoid impairment that might otherwise result from flooding.

(Ord. No. 19-635, 9-23-19)

No alteration of any watercourse in the water and floodplain overlay district shall be undertaken unless and until neighboring communities and the Michigan Department of Natural Resources and the Environment (or successor agency) shall have first been notified and provided with detailed plans and specifications prepared by a registered engineer. Such plans shall show full compliance with local ordinances, state statutes, state regulatory agencies, and federal regulations and shall make provisions for maintaining the full carrying capacity of the altered water course.

(Ord. No. 19-635, 9-23-19)

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes. Approval of the use of land under this chapter shall not be considered a guarantee or warranty of safety from flood damage. This ordinance does not imply that areas outside the water and floodplain overlay district will be free from flood damage. This ordinance does not create liability on the part of City of Muskegon Heights or any officer or employees thereof for any flood damages that result from reliance on this ordinance, or any administrative decision lawfully made.

(Ord. No. 19-635, 9-23-19)