No use, otherwise allowed, shall be permitted within any district which does not conform to the following standards of use, occupancy, and operation, which standards are hereby established as the minimum requirements to be maintained within said area.

It shall be unlawful for any person, firm, or corporation to permit the emission of any smoke from any source whatsoever to a density greater than that permitted by Federal Clean Air Standards and those standards promulgated by the Michigan Department of Natural Resources according to Act 348 of 1965 as amended.

No person, firm, or corporation shall operate or cause to be operated, maintained, or cause to be maintained, any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, without maintaining and operating, while using said process or furnace or combustion device, recognized and approved equipment, means, method, device or contrivance to reduce the quantity of gasborne or airborne solids or fumes emitted into the open air, which is operated in conjunction with said process, furnace, or combustion device so that the quantity of gasborne or airborne solids shall not exceed Federal Clean Air Standards and those standards promulgated by the Michigan Department of Natural Resources.

10.4.1.

Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines. Radioactive materials and wastes, including electromagnetic radiation such as x-ray machine operation, shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, when measured at the property line.

10.4.2.

Glare from automobile headlights or commercial or industrial vehicle headlights shall not be directed into any adjacent property so as to become a nuisance.

10.4.3.

In non-residential areas, exterior lighting shall be installed so that the source of light shall not be visible from any residential dwelling and shall be so arranged as far as practical to reflect light away from the residential use. In no case shall more than one candle-power of light cross a lot line five (5) feet above the ground into a residential district.

The storage and handling of flammable liquids, liquefied petroleum gases and explosives shall comply with the State Rules and Regulations as established by Public Act No. 207 of 1941, as amended.

10.6.1.

The emission of measurable noises from the premises shall not exceed sixty-five (65) decibels as measured at the boundary or property lines, except that where normal street traffic noises exceed sixty-five (65) decibels during such periods, the measurable noise emanating from the premises may equal, but shall not exceed, such traffic noises. Within the M1 and M2 districts, sound levels not exceeding seventy-five (75) decibels may be permitted.

10.6.2.

In addition, objectionable sounds of an intermittent nature, or sounds characterized by high frequencies, even if falling below the aforementioned decibel readings, shall be so controlled so as not to become a nuisance to adjacent uses. This shall particularly apply to loading and unloading areas in commercial or industrial districts adjacent to residential districts.

The emission of noxious odors, odorous matter in such quantities as to be readily detectable at any point along lot lines, when diluted in the ratio of one volume of odorous air to four or more volumes of clean air or as to produce a public nuisance or hazard beyond lot lines, is prohibited.

No garbage, sewage, filth, refuse, waste, trash, debris, or rubbish, including cans, bottles, waste paper, cartons, boxes and crates, or other offensive or obnoxious matter shall be kept in open containers, or piled, placed, stored, or dumped on any land within the City in such a manner as to constitute a nuisance or create a hazard to health, safety, morals, and general welfare of the citizens of the City.

10.9.1.

Finding of fact. The flood hazard areas of the city of St. Clair are subject to periodic inundation which results in loss or impairment of life, property, health and safety, disruption of commerce and governmental services, extraordinary expenditures of public funds for flood protection and relief and impairment of the tax base, all of which adversely affect public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increased heights and velocities of floodwaters by the occupation of the flood-hazard areas of uses vulnerable to floods or hazards to other lands which are inadequately elevated, floodproofed or otherwise protected from flood damage.

10.9.2.

Statement of purpose. It is the purpose of the Flood Prevention District to protect the natural, human and economic resources of the city; and to promote the public health, safety and general welfare by application of special regulations for the use of land which is, or may be, subject to periodic inundation by floods and floodwaters at predictable intervals. Said regulations, while permitting reasonable economic use and considering the physical limitations of such land, will help to protect public health, public safety and general welfare, and will reduce the financial burdens imposed upon the community which may result from the improper use of such land. Said regulations are designed to:

A.

Restrict or prohibit uses which are dangerous to health, safety and welfare, and property due to water or erosion or in flood heights or velocities;

B.

Require that uses vulnerable to floods, including facilities which serve such uses, to be protected against flood damage at the time of initial construction;

C.

Control, filling, grading, dredging, obstructions and other developments which may increase erosion or flood damage; and

D.

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters, or impede or obstruct the flow thereof, or which may increase flood hazards to other lands.

10.9.3.

Definitions. The words used in this article which are not expressly defined in this section shall be given their usual customary meaning with consideration to the context in which they are used. The following terms are expressly defined herein and shall mean:

Area of shallow flooding shall mean a designated AO or VO Zone on the flood insurance rate map for the City of St. Clair with base flood depths from one to three (3) feet where a clearly defined channel or watercourse does not exist, where the path of flooding is unpredictable and indeterminate, and where floodwater velocity flow may be evident.

Base flood shall mean the flood having a one percent chance of being equalled or exceeded in any given year and shall be based upon a flood which is representative of large floods known to have occurred generally in the area and is reasonably characteristic of what can be expected to occur in a particular stream, channel or watercourse.

Development shall mean any man-made change to improved or unimproved real estate, including but not limited to the erection of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Flood or flooding shall mean a general and temporary condition of partial or complete inundation of land which is, in its normal state, dry and unsubmerged, from the overflow of inland waters or the unusual and rapid accumulation or runoff of surface waters from any surface.

Flood boundary and floodway map shall mean that map (or maps) prepared by the United States Department of Housing and Urban Development which indicates the location of the floodway and the floodway fringe areas within the city, a copy of which is available for examination in the office of the city clerk of the City of St. Clair.

Flood insurance rate map shall mean that map (or maps) prepared by the Federal Emergency Management Agency which classifies the floodplain into various zones for purposes of determining flood insurance premium rates within the city, a copy of which is available for examination at the office of the city clerk of the City of St. Clair.

Flood insurance study shall mean that study (or studies) prepared by the Federal Emergency Management Agency which examines, evaluates and determines flood hazards, and if appropriate, corresponding water surface elevations for the City of St. Clair, and contains flood profile studies as well as a flood hazard boundary and floodway map and the water surface elevation of the base flood.

Floodplains associated with the base flood shall mean that area which is inundated by the base flood. This is the floodplain area which shall be regulated by the standards and criteria of this article and shall be determined with reference to the flood boundary and floodway and the flood insurance study.

Floodproofing shall mean any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improves real property, water and sanitary facilities, structures and their contents.

Floodway shall mean the channel of the watercourse and those portions of the adjoining floodplains which carry and discharge the floodwaters of the base flood, as determined by the Federal Emergency Management Agency and as indicated in the flood boundary and floodway map.

New construction shall mean all structures, including the placement of mobile homes, for which construction is started or commenced on or after the effective date of this article.

Obstruction shall mean any dam, dike, wall, wharf, embankment, levee, pile abutment, projection, excavation, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, file, structure, or other matter, in, along, across or projecting into any channel, watercourse or flood-hazard area which may impede, retain or change the direction of the flow of water or that is placed where the flow of water might carry the same downstream to damage life or property.

Substantial improvement shall mean any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. For purposes of this definition "substantial improvement" shall be considered to occur when the first alteration of any structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not include any project for improvement to comply with existing state or city health, sanitary or safety code requirements which are solely necessary to assure safe living conditions or to any alteration of a structure listed on the National Register of Historic Places or the State of Michigan Register of Historic Places.

Watercourse shall mean any natural or artificial watercourse, stream, channel, creek, ditch, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and shall include any area adjacent tracts subject to inundation by reason of overflow of floodwater.

10.9.4.

Lands to which Floodplains District applies. This article shall apply to all areas of special flood hazards within the jurisdiction of the City of St. Clair. The flood district shall be considered to overlay existing zoning districts and shall constitute additional terms to those impaired by the underlying zoning district. The Flood Prevention District is hereby divided into two (2) areas, which areas shall be known as the "floodway" area as defined in section 10.9.3 of this article and the "floodway fringe" area, as defined in section 10.9.3 of this article. The location and boundaries of the floodway and floodway fringe areas shall coincide with the location and boundaries of floodways and floodway fringe areas as shown on the "Flood Insurance Study for the City of St. Clair", dated June 15, 1978, as published by the Federal Emergency Management Agency, with accompanying flood insurance rate maps and floodway maps, and any revisions thereto all of which are hereby adopted by reference and declared to be a part of this article.

10.9.5.

Development permit required. From and after the effective date of this article, it shall be unlawful for any person to undertake any development, including the placement of mobile homes, within the Flood Protection District, without having first procured a development permit as hereinafter provided, said permit being required for all development as defined in section 10.9.3, and irrespective of whether or not said development involves the actual construction for building or structure.

10.9.6.

Compliance. No structure shall hereafter be located, extended, converted or altered, nor shall any land be used, except in full compliance with the terms of this article and other applicable regulations.

10.9.7.

Abrogation and greater restrictions. This article is not intended to repeal, abrogate or impair any existing easement, covenant or deed restriction. When this article and any other ordinance, conflict or overlap, the ordinance which imposes the most stringent standard shall be applicable.

10.9.8.

Interpretation. In the interpretation and application of this article, all provisions shall be:

A.

Considered as minimum requirements;

B.

Liberally construed in favor of the governing body; and

C.

Deemed neither to limit nor repeal any other powers granted under state statutes.

10.9.9.

Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City of St. Clair or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

10.9.10.

Administration.

A.

Designation of the city superintendent. The city superintendent is hereby appointed to administer and implement the provisions of this article.

B.

Duties and responsibilities of the city superintendent. Duties of the city superintendent shall include, but not be limited to:

1.

Review all development permits to assure that the permit requirements of this article have been satisfied.

2.

Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

3.

Review all permits for proposed new development to determine whether such proposals will be reasonably safe from flooding, to assure that:

a.

All such proposals are consistent with the need to minimize flood damage within floodprone area;

b.

All public utilities, and facilities, such as sewer, gas, electrical and water systems are located and instructed to minimize or eliminate flood damage.

c.

Adequate drainage is provided to reduce expenses to flood damage.

4.

Notify adjacent communities and the Michigan Department of Natural Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

5.

Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

6.

Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

7.

Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed.

8.

When floodproofing is utilized for a particular structure, the city superintendent shall obtain certification from a registered professional engineer or architect.

9.

Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the city superintendent shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.

10.

When base flood elevation data has not been provided in accordance with section 10.9.3 of this article, then the city superintendent shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of section 10.9.10 of this article.

11.

All records pertaining to the provisions of this article shall be maintained in the office of the city superintendent and shall be open for public inspection.

10.9.11.

Permit procedures. Application for a development permit shall be made to the city superintendent on forms furnished by him and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill storage of materials; drainage facilities, and the location of the foregoing. Specifically, the following information is required:

A.

Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

B.

Elevation in relation to mean sea level to which any nonresidential structure has been floodproofed;

C.

Provide a certificate from a registered professional engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria in section 10.9.13(B) (herein).

D.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

10.9.12.

Variances procedures; standards for determination conditions.

A.

The zoning board of appeals, as established by the City of St. Clair, shall hear and decide appeals and requests for variances from the requirements of this article.

B.

The zoning board of appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city superintendent in the enforcement or administration of this article.

C.

Any person aggrieved by the decision of the zoning board of appeals may appeal such decision to the St. Clair County Circuit Court, as provided by statute.

D.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

E.

In passing upon such applications, the zoning board of appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:

1.

The danger that materials may be swept onto other lands to the injury of others;

2.

The danger to life and property due to flooding or erosion damage;

3.

The susceptibility of the proposed facility 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 proposed facility to the community;

5.

The necessity to the facility of a waterfront location, where applicable;

6.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

7.

The compatibility of the proposed use with existing and anticipated development;

8.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

10.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

11.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

12.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots, existing structures constructed below the base flood level, providing items (a) through (k) have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.

F.

Upon consideration of the factors listed above and the purpose of this article, the zoning board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

G.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

H.

Conditions for variances:

1.

Variances shall only be issued upon a determination that the variance would result in exceptional hardship to the applicant; and

2.

Variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

3.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

4.

The city superintendent shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

5.

An applicant for a variance to permit development in any floodway shall secure a permit from the Michigan Department of Natural Resources under the authority of 1929 PA 245, as amended by 1968 PA 167, and evidence thereof shall be submitted to the city superintendent.

10.9.13.

Provisions for flood hazard reduction.

A.

General standards. In all areas of special flood hazards the following provisions are required:

1.

All new construction and substantial improvements shall be designed and adequately anchored to prevent flotation, collapse or lateral movement of the structures;

2.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

3.

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

4.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

5.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; and

6.

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

B.

Specific standards. In all areas of special flood hazards the following provisions are required:

1.

Residential construction: New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one foot above base flood elevation.

2.

Nonresidential construction: New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressure, velocities, impact and uplift forces and other factors associated with the baseflood. Such certification shall be provided to the official as set forth in section 16-10.9.10 (B) (8) herein.

3.

Mobile Homes:

a.

No mobile home shall be placed in a floodway area, except in an existing mobile home park or existing mobile home subdivision.

b.

All mobile homes placed within the floodway and floodway fringe areas shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top ties to ground anchors. Specific requirements shall be that:

i.

Over-the-top ties be provided at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations and mobile homes less than fifty (50) feet long requiring one additional tie per side;

ii.

Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and mobile homes less than fifty (50) feet long requiring four (4) additional ties per side;

iii.

All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and

iv.

Any additions to the mobile home be similarly anchored.

c.

For new mobile home parks and subdivisions, for expansions to existing mobile home parks and subdivisions, for existing mobile home parks and subdivisions where the repair, reconstruction or improvement has commenced, and for mobile homes not placed in a mobile home park or subdivision, it is required that:

i.

Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be one foot above the base flood level;

ii.

Adequate surface drainage and access for a hauler are provided; and

iii.

In the instance of elevation on pilings:

-

Lots are large enough to permit steps;

-

Piling foundations are placed in stable soil no more than ten (10) feet apart; and

-

Reinforcement is provided for pilings more that six (6) feet above the ground level.

4.

Floodways: Located within the areas of special flood hazard established in section 10.9.5 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

a.

Encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.

b.

If section 10.9.12 (B) (4) (a) of this article is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article.

c.

The placement of any mobile homes is prohibited except in an existing mobile home park or existing mobile subdivision.

10.9.14.

Permitted uses by right in the floodway area of the Flood Prevention District. The following uses having a low flood damage potential and present either no, or minimal obstruction to flood flows, shall be permitted within the floodway district to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials or equipment. No use shall in any manner, affect the capacity of the channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system. Approval from the State of Michigan Department of Natural Resources is needed for construction activity (of the following,) taking place in the floodway and floodway fringe areas of the Flood Prevention District:

A.

Recreation uses: Parks, playgrounds, playfields, bridle paths, nature trails, natural wildlife preserves, outdoor tennis courts, archery ranges, boat launching ramps, target ranges, trap and skeet ranges, game farms, fish hatcheries and similar uses.

B.

Golf courses and driving ranges: In accordance with the requirements of the zoning ordinance of the City of St. Clair.

C.

Agricultural uses: General farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming and wild crop farming.

D.

Uses incidental to single-family dwellings: Lawns, gardens and play areas.

E.

Parking areas: Provided said parking areas are unpaved and are incidental to those uses permitted in the subsections listed above.

F.

Uses not permitted: Permitted uses in underlying zoning districts shall not be construed as being permitted uses in the floodway area of the Flood Prevention District unless those uses are indicated as being permitted in the subsections listed above.

10.9.15.

Uses permitted by special use permit in the floodway area of the Flood Prevention District. Provided such uses shall not, in the opinion of the Planning Commission, be adverse to the purpose of this section or damaging to the public health, safety or welfare, or impose a financial burden upon the community or shall in any manner affect the capacity of the channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system, the following uses may be permitted by issuance of a special use permit in accordance with all other requirements of the zoning ordinance of the City of St. Clair and section 10.9.14 of this article:

A.

Railroads, streets, bridges, utility transmission lines and pipe lines;

B.

Marinas, boat rentals, piers, wharves;

C.

Extraction of sand, gravel and other minerals;

D.

Structures for recreational uses such as shelter houses, outbuildings or wildlife sanctuaries;

E.

Paved parking areas; and

F.

Other uses similar in nature to uses described in section 10.9.14 which are consistent with the provisions of this article.

10.9.16.

Requirements for special use permit for uses in the floodway area of the Flood Prevention District. In addition to all other requirements of the zoning ordinances of the City of St. Clair, the application for a special use permit in the floodway area of the Flood Prevention District shall submit the following:

A.

A letter of approval from the State of Michigan Department of Natural Resources;

B.

A location map including existing topographic data at two-foot interval contours at a scale of one inch representing one hundred (100) feet;

C.

A map showing proposed grading and drainage plans including the location of all public drainage easements, the limits, extent, and elevation of the proposed fill, excavation and occupation;

D.

A statement from the St. Clair County Drain Commissioner indicating that he has reviewed and approved the proposal;

E.

A statement from the city engineer concerning feasibility of the proposal and his approval; and

F.

Any other information requested by the Planning Commission.

10.9.17.

Standards for special use permits within the floodway. The Planning Commission shall review the particular circumstances and facts of each proposed use in terms of the following standards as well as those in section 10.9.16:

A.

Structures shall not be designed for human habitation and shall have a low flood damage potential;

B.

Structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of the floodwaters and whenever possible, shall be constructed with the longitudinal axis parallel to the direction of floodflow;

C.

No special use permit shall be issued for the development of new structures, substantial improvement or relocation of old structures, or development of any kind within the floodway when such development, construction, improvement or relocation would cause any increase in flood level associated with the base flood.

10.9.18.

Standards for areas of shallow flooding (AO Zones). Located within the areas of the special flood hazard established in section 10.9.3 of this article are areas designated as shallow flooding. These areas have special flood hazards, associated with base flood depths of one to three (3) feet, where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply:

A.

All new construction and substantial improvements of residential structures have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the flood insurance rate map for the City of St. Clair.

B.

All new construction and substantial improvements of nonresidential structures shall:

1.

Have the lowest floor, including basement, elevated aboveground of the nearest street to or above the depth number specified on the flood insurance rate map; or

2.

Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

10.9.19.

Permitted uses by right in the floodway fringe area of the flood prevention district. The following uses having a low flood damage potential and present either no, or minimal obstruction to flood flows, shall be permitted within the floodway fringe district to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill or storage of materials or equipment. Approval from the State of Michigan Department of Natural Resources is needed for construction activity taking place in the floodway fringe.

A.

Recreation uses: Parks, playgrounds, playfields, bridle paths, nature trails, natural wildlife preserves, outdoor tennis courts, archery ranges, boat launching ramps, target ranges, trap and skeet ranges, game farms, fish hatcheries and similar uses.

B.

Golf courses and driving ranges: In accordance with the requirements of the zoning ordinance of the City of St. Clair.

C.

Agricultural uses: General farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming and wild crop farming.

D.

Uses incidental to single-family dwellings: Lawns, gardens and play areas.

E.

Uses not permitted: Permitted uses in underlying zoning districts shall not be construed as being permitted uses in the floodway area of the Flood Prevention District unless those uses are indicated as being permitted in the subsections listed above.

10.9.20.

Uses permitted by special use permit in the floodway fringe area of the Flood Prevention District. Provided such uses shall not, in the opinion of the Planning Commission, be adverse to the purpose of this section or damaging to the public health, safety or welfare, or impose a financial burden upon the community, the following uses may be permitted by issuance of a special use permit in accordance with the zoning ordinance of the City of St. Clair and any other requirements contained herein:

A.

Railroads, streets, bridges, utility transmission lines and pipe lines;

B.

Marinas, boat rentals, piers, wharves;

C.

Extraction of sand, gravel and other minerals;

D.

Structures for recreational uses such as shelter houses, outbuildings or wildlife sanctuaries;

E.

Those uses indicated as being permitted uses or as being permissible with a special use permit in those zoning districts which underlie the Flood Prevention District;

F.

Dumping or backfilling with any material in any manner. In the case where floodway fringe areas have no groundwater recharge or impoundment potential, filling may occur through compensating excavation and shaping of the floodway fringe in such a way as to maintain or improve the flow or natural impoundment capacity of the floodway fringe. In no case shall the flow or impoundment capacity of the floodway fringe be reduced.

G.

Other uses similar in nature to uses described in section 10.9.18 which are consistent with the provisions of this article.

10.9.21.

Requirements for special use permits for uses in the floodway fringe area of the Flood Prevention District. In addition to all other requirements of the zoning ordinance of the City of St. Clair, the applicant for a special use permit in the Flood Prevention District shall meet the following requirements:

A.

The applicant for a special use permit shall be required to submit that information listed as necessary in section 10.9.16 herein.

10.9.22.

Standards for special use permits within the floodway fringe. The Planning Commission shall review the particular circumstances and facts of each proposed use in terms of the following standards as well as those in section 10.9.16 herein:

A.

All new residential structures and residential structures requiring substantial improvement shall have the lowest floor (including basement) elevated to one foot above the level of the base flood floodplain.

B.

All new nonresidential structures and nonresidential structures requiring substantial improvement shall have the lowest floor (including basement) elevated to one foot above the level of the intermediate regional floodplain or shall be floodproofed to one foot above the level of the intermediate regional floodplain.