A.   Purpose. It is the purpose of this section to significantly reduce hazards to persons and damage to property as a result of flood conditions in the city and to comply with the provisions and requirements of the National Flood Insurance Program, as constituted in accord with the National Flood Insurance Act of 1968, and subsequent enactments and the rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency.

   B.   Objectives. The objectives of this section include:

      1.   The protection of human life, health and property from the dangerous and damaging effects of flood conditions;

      2.   The minimization of public expenditures for flood control projects, rescue and relief efforts in the aftermath of flooding, repair of flood damaged public facilities and utilities and the redevelopment of flood damaged homes, neighborhoods, commercial and industrial areas;

      3.   The prevention of private and public economic loss and social disruption as a result of flood conditions;

      4.   The maintenance of stable development patterns not subject to the blighting influence of flood damage;

      5.   To ensure that the public has access to information indicating the location of land areas subject to periodic flooding; and

      6.   To preserve the ability of floodplains to carry and discharge a base flood.

   C.   Agency designated. In addition to the duties expressed in § 53-202, pursuant to the provisions of the state construction code, in accordance with § 8b(6) of Act 230 of the Public Acts of 1972, as amended, the Building Inspector of the city is hereby designated as the enforcing agency to discharge the responsibility of the city under Act 230 of the Public Acts of 1972, as amended, State of Michigan. The city assumes responsibility for the administration and enforcement of said act throughout the corporate limits of the community adopting this section.

   D.   Code appendix enforced. Pursuant to the provisions of the state construction code, in accordance with § 8b(6) of Act 230 of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency within the jurisdiction of the community adopting this section.

(Ord. 188, eff. 2-25-1981; Ord. 395, passed 5-22-2023)

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

   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.

   DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

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

      1.   The overflow of inland or tidal waters; and

      2.   The unusual and rapid accumulation or runoff of surface waters from any source.

   FLOOD HAZARD AREA. Land which on the basis of available floodplain information is subject to a 1% or greater chance of flooding in any given year.

   FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

   FLOODPLAIN. Any land area susceptible to being inundated by water from any source (see definition of FLOOD).

   HARMFUL INCREASE. An unnaturally high stage on a river, stream or lake which causes or may cause damage to property, threat to life, personal injury or damage to land or water resources.

(Ord. 188, eff. 2-25-1981; Ord. 395, passed 5-22-2023)

   A.   Delineation of the flood hazard area overlay zone. The flood hazard area overlay zone shall overlay existing zoning districts delineated on the official city 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. The term FLOOD HAZARD AREA OVERLAY ZONE, as used in this chapter, shall mean the flood hazard area as designated in division (B).

   B.   Designation of regulated flood hazard areas. The FEMA Flood Insurance Study entitled “Flood Insurance Study for Allegan County, All Jurisdictions” and dated June 21, 2023 and the Flood Insurance Rate Maps (FIRMs) panel numbers included on Index Panel 26005CIND0A, effective June 21, 2023 are adopted by reference for the purposes of administration of the Michigan Construction Code, and declared to be a part of § 1612.3 of the Michigan Building Code, and to provide the content of the “Flood Hazards” section of Table R301.2(1) of the Michigan Residential Code.

   C.   Disputes. Where there are disputes as to the location of a flood hazard area zone boundary, the Zoning Board of Appeals shall resolve the dispute in accord with this code.

   D.   Compliance required. In addition to other requirements of this chapter applicable to development in the underlying zoning districts, compliance with the requirements of this section shall be necessary for all development occurring within the flood hazard area zone. Land uses permitted in the flood hazard overlay zone outlined in this chapter may only be permitted if such land use is permitted in the underlying zoning district, or if the land use is accessory to a permitted principal use within the underlying zone. Conflicts between the requirements of this section and other requirements of this chapter or any other chapter shall be resolved in favor of this section, except where the conflicting requirement is more stringent and would further the objectives of this section to a greater extent than the requirements of this section. In these cases, the more stringent requirement shall be applied.

(Ord. 188, eff. 2-25-1981; Ord. 387, passed 11-9-2020; Ord. 395, passed 5-22-2023)

   Within the flood hazard area overlay zone, no land shall be used, except for one or more of the following uses:

   A.   Grading and agriculture, pastureland and animal grazing;

   B.   Harvesting of a native or wild crop permitted by law such as wild rice, marsh hay, berries and seeds;

   C.   Harvesting of trees;

   D.   Parks, picnic areas, playgrounds, playfields, athletic fields, golf courses, bridle paths, nature paths and trails;

   E.   Wildlife preserves;

   F.   Fishing, trapping and hunting in compliance with current laws and regulations;

   G.   Hunting and conservation club, noncommercial archery, rifle and shooting ranges;

   H.   Historic sites and structures;

   I.   Swimming beaches, fishing and boating docks in accord with the provisions of the Inland Lakes and Streams Act of 1972;

   J.   Sand and gravel extraction;

   K.   Required open space or lot area for structural uses that are landward of the overlay zone; and

   L.   Accessory structures and uses, including the following: off-street parking, streets, roads, bridges, outdoor play equipment, sheds and garages, boathouses, boat hoists, utility lines, pumphouses, bleachers, bank protection structures, signs, fences, gazebos and similar outdoor equipment and appurtenances; provided, each of the following requirements are met.

      1.   The structure would not cause an increase in water surface elevation, obstruct flow or reduce the impoundment capacity of the floodplain.

      2.   All equipment and structures shall be anchored to prevent flotation and lateral movement.

      3.   Compliance with these requirements is certified by an engineering finding by a registered engineer.

(Ord. 188, eff. 2-25-1981; Ord. 395, passed 5-22-2023)

   Dredging and filling and/or 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 floodplain will be maintained or improved and unless all applicable state regulations are met including, but not limited to, approvals pursuant to: Public Act 245 of 1929, as amended by Public Act 167 of 1968; Public Act 347 of 1912, as amended; Public Act 346 of 1912, as amended; and Public Act 203 of 1919, as amended.

(Ord. 188, eff. 2-25-1981; Ord. 395, passed 5-22-2023)

   A.   No building or structure shall be erected, converted or substantially improved or placed and no land filled or structure used in a floodplain district unless a zoning compliance permit or variance from the Zoning Board of Appeals is obtained, which approval shall not be granted until a permit from the Department of Environment Great Lakes and Energy under authority of the state’s Floodplain Regulatory Authority found in Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, has been obtained. 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.

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

   C.   The Building Inspector or his or her representative shall review development proposals to determine compliance with the standards in this section and shall transmit his or her determination to the Zoning Administrator.

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

   E.   The flood-carrying capacity of any altered or relocated watercourse not subject to state or federal regulations designed to ensure flood carrying capacity shall be maintained.

   F.   Available flood hazard data from federal, state or other sources shall be reasonably utilized in meeting the standards of this section. Data furnished by the Federal Insurance Administration shall take precedence over data from other sources.

(Ord. 188, eff. 2-25-1981; Ord. 395, passed 5-22-2023)

   In addition to the information required with an application for a zoning compliance permit, special use permit, variance or any other type of development permission required under this chapter, the following information shall be submitted as a part of an application for permission to commence any type of development within a flood hazard area zone:

   A.   The elevation in relation to mean sea level of the floor, including basement, of all structures;

   B.   A description of the extent to which any watercourse will be altered or relocated as a result of proposed development;

   C.   Proof of development permission from appropriate local, state and federal agencies including a floodplain permit, approval or letter of no authority from the State Department of Environment Great Lakes and Energy under authority of the State's Floodplain Regulatory Authority found in Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended;

   D.   Base flood elevation data where the proposed development is subject to Public Act 288 of 1967, the Land Division Act or greater than five acres in size; and

   E.   Additional information which may be reasonably necessary to determine compliance with the provisions of this chapter.

(Ord. 188, eff. 2-25-1981; Ord. 395, passed 5-22-2023)

   For all uses permitted in a FP District, a site plan shall be submitted and no building permit shall be issued until the City Council has approved the site plan after recommendation from the Planning Commission in accordance with this code.

(Ord. 188, eff. 2-25-1981; Ord. 395, passed 5-22-2023)

   Area, height, bulk, and placement requirements unless otherwise specified are as provided in Article XV.

(Ord. 188, eff. 2-25-1981; Ord. 395, passed 5-22-2023)

   A.   The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by human-made or natural causes, such as ice jams and bridge openings restricted by debris. Approval of the use of land under this section shall not be considered a guarantee or warranty of safety from flood damage.

   B.   This chapter does not imply that areas outside the flood hazard area will be free from flood damage. This chapter does not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 188, eff. 2-25-1981; Ord. 395, passed 5-22-2023)