(a)   The purposes of the design requirements of this chapter are to slow the rate of storm water runoff, to reduce erosion and sedimentation, to protect water quality, to keep nutrients from entering lakes and streams, to maintain water temperatures at natural levels, to preserve fish and wildlife habitat, and to preserve the aesthetic and scenic values of the watershed environment.

   (b)   The Federal Emergency Management Agency (FEMA) requires the designation of 100-year floodplains to determine eligibility for Federal floodplain insurance. Most major rivers in the United States have been mapped by the U.S. Army Corps of Engineers or other agencies to determine the limits of the floodplain. In Michigan, the Department of Natural Resources has been assigned the responsibility of monitoring the implementation of these requirements.

   (c)   The Zoning Map shall be used to identify the generalized location of parcels in private and public ownership that are within this defined area.

(Ord. 52. Passed 6-16-97.)

   All uses permitted within the underlying zoning district are permitted within this overlay zone.

(Ord. 52. Passed 6-16-97.)

   The following uses shall not be permitted within 100 feet of the ordinary high water mark:

   (a)   Confined feedlots.

   (b)   Slaughterhouses.

   (c)   Gas stations.

   (d)   Automobile repair shops.

   (e)   Automobile washes.

   (f)   Oil-change establishments.

   (g)   Industrial uses involved in the manufacturing, compounding, processing, or treating of products.

   (h)   Livestock.

      (Ord. 52. Passed 6-16-97.)

   (a)   Setbacks:

      (1)   Front: The required front setback shall be the same as the underlying zoning.

      (2)   Side: Shall be the same as the underlying district.

      (3)   Rear: Shall be the same as the underlying district.

   (a)   Lot Area: Shall be the same as the underlying district.

   (b)   Lot Width: Shall be the same as the underlying district.

   (c)   Floor Area: Shall be the same as the underlying district.

(Ord. 52. Passed 6-16-97.)

   (a)   Design Requirements. All new development, including additions or extensions to existing buildings, shall meet the design requirements of this section.

      (1)   All principal buildings shall be set back at least sixty-five feet from the ordinary high water mark.

      (2)   Within thirty-five feet of the ordinary high water mark, a maximum of 400 square feet of land shall be covered by impervious surfaces, including all structures and paving for each 100 linear feet of water frontage.

      (3)   No unsightly, offensive, or potentially polluting material, including, but not limited to, lawn clippings, leaves, garbage, trash, refuse, junk vehicles, junk, appliances, or toxic materials may be dumped or stored within thirty-five feet of the ordinary high water mark.

      (4)   Structures that extend more than five feet into the water are prohibited.

      (5)   Pumphouses that exceed three feet in height or nine feet in total square feet in size are prohibited.

      (6)   Accessory structures may not be located within five feet of the high water mark.

      (7)   Natural vegetation shall be maintained wherever possible. If the removal of vegetation is required, reestablishment of a compatible plant material shall be required.

      (8)   Existing mature trees shall be retained and incorporated into the site design where feasible. Trees in excess of six-inch caliper must be replaced by an equivalent amount, type, and quality of tree. Removal of mature trees of twelve-inch caliper or greater will be discouraged.

      (9)   Natural drainage courses shall be protected from grading activity.

      (10)   Where known, groundwater flow patterns shall not be interrupted.

      (11)   Slopes created by the grading of the site should generally not exceed a slope ratio of one foot of vertical slope to three feet of horizontal distance.

      (12)   Buildings shall be clustered as much as possible to retain open space and surrounding tree cover and to minimize changes in topography.

      (13)   Screening along roadways shall make maximum use of berming and landscaping but shall not interfere with site distances.

   (b)   Natural Vegetative Buffer. A thirty-five foot wide strip of land bordering the river shall be maintained in its natural state. Natural state shall mean native plants, shrubbery, tall grasses, and trees.

      (1)   Removal of vegetation in the natural vegetative buffer shall be limited to no more than twenty-five percent of the length of this buffer, provided that cutting of this twenty-five percent shall not create a clear-cut opening greater than twenty-five feet wide for every 100 feet of shoreline.

      (2)   Natural shrubbery, trees, or other vegetation shall be preserved as far as practical and, where 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 is not a desirable vegetative buffer adjacent to the shoreline.

      (3)   Native plants, shrubbery, and trees are encouraged when new vegetation is planted.

      (4)   Existing soil and organic matter shall not be altered or disturbed within the natural vegetative buffer.

      (5)   These provisions shall not apply to the removal of dead, diseased, or dying trees, at the discretion of the landowner.

   (c)   Drainage of Surface Water. Proper site surface drainage shall be provided so that the removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. If practical, stormwater shall be removed from all roof areas, canopies, and paved areas and carried away in an underground drainage system. The peak rate of stormwater runoff from the site shall not increase as a result of the proposed development, and temporary onsite storage to reduce peak runoff from the site is encouraged. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and so that it will not create ponding.

(Ord. 52. Passed 6-16-97.)

   (a)   No use of property shall be allowed without documented proof that the conditions required of FEMA for obtaining insurance are met; or written indication from the Michigan Department of Environmental Quality (MDEQ) that compliance is unnecessary. These requirements shall apply to all property, any portion of which is indicated as being within the designated floodplain areas. It shall be the responsibility of the property owner to determine the location of the floodplain in accordance with the site plan review procedures provided for in this Zoning Code, and that the floodplain does not encroach upon the limits of the parcel in question. For their own interest and protection, property owners are encouraged to obtain a written determination from the MDEQ when it is apparent from the Zoning Map that their property is within or directly adjacent to the designated area. No zoning or building permit will be issued until compliance with this section has been documented.

   (b)   In reviewing an application and the standards for approval of a special land use permitted under this section, the Planning Commission shall consider the following factors before rendering a decision on the request for approval:

      (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 onto other lands or downstream to the injury of others.

      (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 availability of alternative locations for the proposed use that are not subject to flooding.

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

      (8)   The relationship of the proposed use to the City's 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 height, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

      (11)   The location, elevation, and construction of all public utilities and facilities for sewer, gas, electrical, and water systems designed relative to minimizing or eliminating flood damage.

      (12)   The measures taken to assure adequate drainage so as to reduce exposure to flood hazards.

      (13)   Such other factors that are, in the opinion of the Planning Commission, relevant to the purposes of this district.

      (14)   If, 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.

   (c)   To the extent not otherwise provided pursuant to the site plan requirements under this chapter, the Planning Commission shall require, as applicable, submission of the following materials:

      (1)   Plans drawn to a scale of one inch equals 100 feet; the nature, location, dimensions, and elevation of the lot; existing or proposed structures; fill; storage of materials; and the relationship of the above to the location of the channel floodway and regulatory flood protection level.

      (2)   A plan (surface view) showing elevations or contours of the ground at five-foot intervals; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing buildings on the site; location and elevations of streets; photographs or maps showing existing land uses and vegetation; upstream and downstream soil types; and other pertinent information that may be required by the Planning Commission.

   (d)   The Planning Commission may impose reasonable conditions, including, without limitation, limitations on the period of use and operation; imposition of operational controls, sureties, deed restrictions, and covenants; and requirements for construction of channel modifications, dikes, levees, and other protective measures.

(Ord. 52. Passed 6-16-97.)