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Rochester City Zoning Code

ARTICLE 19

- RV, RIVER VALLEY DISTRICT AND POS, PARKS AND OPEN SPACE DISTRICT

Sec. 1900.- River Valley District statement of purpose.

(a)

All land lying within the floodplains of Paint Creek, Stony Creek, and the Clinton River is within the RV, River Valley District, and is subject to the regulations of this district, in addition to the regulations otherwise established for a district designated by the zoning map. Those floodplains are designated by the report [entitled] Flood Insurance Study, City of Rochester, Michigan, dated March, 1982, published by the Federal Emergency Management Agency, a copy of which shall be maintained on file for public inspection by the building inspector. The base flood level is defined as the 100-year flood. In establishing the precise location of a flood line on a particular lot, the building inspector shall consider survey data certified by a registered civil engineer or a registered land surveyor, and other pertinent data.

(Ord. No. 2010-02, § 1900, 1-11-2010)

Sec. 1901. - River Valley District regulations.

(a)

The following three areas as identified by the flood boundary and floodway map shall be subject to the following requirements in addition to those regulations established for the applicable zoning district and all applicable state and federal regulations.

AreaRegulations
Floodway 1, 2, 5
100-year flood 1, 2
500-year flood 2, 3, 4

 

(1)

No building, mobile home, or trailer shall be erected or placed in the area.

(2)

No existing building shall be enlarged, or improved at a cost over 50 percent of its present value, except in accordance with specifications of the building inspector to minimize flooding hazards insofar as practical and reasonable. At a minimum, these specifications shall comply with federal flood insurance regulations as cited in 24 CFR 60.3(d).

(3)

No residential building shall be erected or placed unless the lowest floor level (including basement if any) is above the base flood level. Accessory buildings not intended for habitation, such as garages, are excluded from this regulation.

(4)

No nonresidential building shall be erected unless the lowest floor (including basement, if any) is above the base flood level, or is floodproofed to above the base flood level. Accessory buildings not intended for habitation, such as storage buildings, are excluded from this regulation.

(5)

None of the following are permitted except as approved by the city engineer so that the base level will not increase at any point in the city, taking into account the cumulative effect of all such increases since January 1, 1980: Structures, filling, dumping with any material.

(Ord. No. 2010-02, § 1901, 1-11-2010)

Sec. 1902. - Parks and Open Space District statement of purpose.

(a)

The purpose of the POS Parks and Open Space District is to identify and preserve city-owned parks, preserve land with valuable environmental qualities as open space, conserve natural and cultural areas and resources, to ensure the continued health, safety and welfare of the community, by providing locations for recreational activities consistent with the city's adopted master plan and parks and recreation plan. The district recognizes and protects parks for recreational use and related facilities, as well as properties suitable for preservation as open space.

(b)

The size, character and intensity of development of park, recreation and open space areas and the performance characteristics of recreation areas shall be commensurate with the capability of land and water areas to support the intended uses.

(Ord. No. 2010-02, § 1902, 1-11-2010)

Sec. 1903. - Parks and Open Space District permitted principal uses.

The following [principal] uses [shall be] permitted in the POS District:

(1)

Day-use parks, sports fields, playgrounds, public pools and similar active, outdoor recreation uses without overnight accommodations.

(2)

Picnic areas, nature study areas, nature centers, hiking/biking trails, community centers and similar passive recreation uses.

(3)

Educational facilities such as: zoological gardens, botanical gardens, bird sanctuaries, arboretums, and the like.

(4)

Historical and cultural facilities and resources, museums, and similar uses.

(5)

Wildlife preserves.

(6)

Temporary or seasonal outdoor storage, permanent indoor storage, and public safety training uses of the City of Rochester, but excluding construction staging activities, equipment and uses.

(7)

Other uses which, in the opinion of the planning commission after findings of fact, are similar to the above permitted principal uses and will be equally compatible with nearby uses and residential areas.

(Ord. No. 2010-02, § 1903, 1-11-2010)

Sec. 1904. - Parks and Open Space District permitted accessory uses.

[The following accessory uses shall be allowed in the POS District:]

(1)

Accessory buildings and uses customarily incidental to the principal permitted uses, when located on the same premises in conformance with section 2102.

(2)

Signs in accordance with article 22. Signs proposed for a public park or use shall be subject to the standards in section 2209.

(Ord. No. 2010-02, § 1904, 1-11-2010)

Sec. 1905. - Parks and Open Space District special exception uses.

The following uses may be permitted by the planning commission, subject to a public hearing being held to provide for comment from neighboring property owners and occupants.

(1)

Wireless communication antennas (section 2106).

(2)

Local utility structures (section 2108).

(Ord. No. 2010-02, § 1905, 1-11-2010)