The floodplain provisions are intended to protect the "floodplain area," as defined below, so that the reservoir capacity shall not be reduced, thereby creating a danger to areas previously not so endangered in time of high water or to impede, retard, accelerate or change the direction of the flow of water or carrying capacity of the river valley or to otherwise increase the possibility of flood.

   All lands included in the floodplain area shall be subject to the restrictions imposed herein, in addition to the restrictions imposed by any other zoning district in which said lands are located. Where the regulations of this article are more restrictive, they shall control.

   FLOODPLAIN AREA, as used herein, is deemed to mean that area defined as (a) special flood hazard area in The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) entitled “Macomb County, Michigan and all Jurisdictions” and dated 9/29/06.

(Ord. No. 278-NN, § 6, 1-6-09)

   Floodplain area boundaries shall be those areas designated as special flood hazard areas in The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) entitled “Macomb County, Michigan and all Jurisdictions” and dated 9/29/06.

(Ord. No. 278-P, § 2, 10-3-95; Ord. No. 278-NN, § 7, 1-6-09)

   The following uses shall be permitted in floodplain areas subject to any limitations described herein:

   A.   Gardening, general farming, horticulture, forestry or any similar agricultural activity;

   B.   Public and private open recreation areas such as parks, playgrounds, play fields, golf courses and bridle paths;

   C.   Railroads, roads, bridges, dams, weirs and public utilities, when designed so as not to increase the possibility of flood or be otherwise detrimental to the public health, safety and welfare;

   D.   Surface parking areas regulated by Article 23 of this ordinance;

   E.   On parcels immediately above the floodplain area boundary, or partly located within such boundary, uses permitted by the zoning districts otherwise established for the parcel subject to the regulations of such district provided:

      1.   The elevation of the lowest floor designed or intended for human habitation shall be at least two feet above the elevation of the floodplain area boundary;

      2.   In the area below the upper limit of the floodplain area boundary, dumping or backfilling with any material in any manner is prohibited, unless through compensating excavation and shaping of the floodplain area its flow and impoundment capacity will be maintained or improved;

      3.   Any filling on banks adjacent to a floodplain area boundary shall have approved erosion control to prevent soil from being washed into the floodplain. City Council shall adopt erosion control standards to be enforced by the City Engineer;

   F.   Floodplain areas shall be restricted so as to prohibit any structure wherein human habitation may be provided for either a place of residence or employment.

   The following uses, and others similar to those cited in this section, may be permitted by the Planning Commission, subject to the general standards of section 25.02 and the specific standards for each use:

   A.   Public utilities, as regulated by section 3.02(I). Wireless communication towers, antennas and related facilities shall be further subject to the provisions of section 28.18.

(Ord. No. 278-Y, § 23, 5-16-00)

   Where topographic data, engineering studies or other studies are required by any city agency to determine the effects of flooding on a proposed site and/or the effect of a structure on the flow of water, the applicant shall submit such data or studies. All such required data or studies shall be prepared by a registered professional engineer.

(Ord. No. 278-Y, § 23, 5-16-00)

   "The Flood Insurance Study of the City of Sterling Heights," dated May 15, 1986, with the accompanying flood insurance rate map and flood boundary-floodway maps, as amended from time to time, which designated the areas of special flood hazard identified by the federal emergency management agency, is adopted by reference and incorporated as part of this ordinance to more particularly set forth the floodplain areas.

(Ord. No. 278-Y, § 23, 5-16-00)

   Appeals for modification of any of the provisions of this article shall be made to the Zoning Board of Appeals of the City of Sterling Heights.

(Ord. No. 278-Y, § 23, 5-16-00; Ord. No. 278-NN, § 34, 1-6-09)