Summit Township City Zoning Code

CHAPTER 153

FLOOD PLAINS

§ 153.01 FINDINGS.

The flood hazard areas of the township 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 flood waters by the occupation of the flood-hazard areas of uses vulnerable to floods or hazards to other lands which are inadequately elevated, flood-proofed, or otherwise protected from flood damage.

(Ord. passed 3-25-2008)

§ 153.02 PURPOSES.

(A) It is the purpose of the Flood Prevention District to protect the natural, human, structural, and economic resources of the township; 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 flood waters at predictable intervals. These 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.

(B) These regulations are designed to:

(1) 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;

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

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

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

(Ord. passed 3-25-2008)

§ 153.03 DEFINITIONS.

The words used in this chapter which are not expressly defined in this section shall be given their usual customary meaning, with consideration being given to the context in which they appear. The following terms are expressly defined herein and, for purposes of this chapter, shall mean:

AREA OF SHALLOW FLOODING. A designated AO ZONE on the flood insurance rate map for the township with base flood depths from 1 to 3 feet where a clearly defined channel or watercourse does not exist, where the path of flooding is unpredictable and indeterminate, and where flood water velocity flow may be evident.

AO ZONE. A special flood hazard area with sheet flow, ponding, or shallow flooding. Base flood depths are provided on the community's FLOOD INSURANCE RATE MAP (FIRM).

BASE FLOOD. The flood having a 1% chance of being equaled 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. 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.

AREAS OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. SPECIAL FLOOD HAZARD AREA is synonymous in meaning with the phrase, AREA OF SPECIAL FLOOD HAZARD.

THE FLOOD PREVENTION DISTRICT. Commonly called an overlay district, which is an approach to applying special restrictions to areas with unique characteristics. Properties within these districts retain their underlying zoning classification but are subject to additional requirements specified in this chapter.

FLOOD or FLOODING. 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 FLOOD-WAY MAP. The map (or maps) prepared by the United States Department of Housing and Urban Development which indicates the location of the floodway and the flood-way fringe areas within the township, a copy of which is available for examination in the office of the Township Clerk.

FLOOD FRINGE. The portion of the floodplain lying on either side of the floodway.

FLOOD INSURANCE RATE MAP. 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 township, a copy of which is available for examination at the office of the Township Clerk.

FLOOD INSURANCE STUDY. 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 township, 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. 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 ordinance and shall be determined with reference to the flood boundary and floodway and the flood insurance study.

FLOOD PROOFING. 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. The channel of the watercourse and those portions of the adjoining floodplains which carry and discharge the flood waters of the base flood, as determined by the Federal Emergency Management Agency (FEMA) and as indicated in the flood boundary and floodway map.

NEW CONSTRUCTION. All structures, including the placement of mobile homes, for which construction is started or commenced on or after the effective date of this chapter.

OBSTRUCTION. Any dam, dike, wall, wharf, embankment, levee, pile abutment, projection, excavation, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, 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. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

(1) Before the improvement or repair is started; or

(2) 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. 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 adjacent tracts subject to inundation by reason of overflow of flood water.

(Ord. passed 3-25-2008)

§ 153.04 LANDS TO WHICH FLOODPLAINS DISTRICT APPLIES.

(A) This chapter shall apply to all areas of special flood hazards within the jurisdiction of the township. The flood district shall be considered to overlay existing zoning districts and shall constitute additional terms to those regulated by the underlying zoning district and shall be known as the FLOOD PREVENTION DISTRICT.

(B) This district is hereby divided into 2 areas, which areas shall be known as the FLOODWAY area and the FLOOD FRINGE area as defined in § 153.03.

(C) The location and the boundaries of floodways and floodway fringe areas shall coincide with the location and boundaries of floodways and flood-way fringe areas as shown on the most recent Flood Insurance Study 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 chapter.

(Ord. passed 3-25-2008)

§ 153.05 DEVELOPMENT PERMIT REQUIRED.

From and after the effective date of this chapter, 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 § 153.03, and irrespective of whether or not said development involves construction of a building or other structure.

(Ord. passed 3-25-2008)

§ 153.06 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 chapter and other applicable federal, state, or local regulations.

(Ord. passed 3-25-2008)

§ 153.07 ABROGATION AND GREATER RESTRICTIONS.

(A) This chapter is not intended to repeal, abrogate, or impair any existing easement, covenant, or deed restriction.

(B) However, where this chapter and other ordinance, easement, covenant, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. passed 3-25-2008)

§ 153.08 INTERPRETATION.

In the interpretation and application of this ordinance, all provisions shall be:

(A) Considered as minimum requirements;

(B) Liberally construed in favor of the township; and

(Ord. passed 3-25-2008)

§ 153.09 WARNING AND DISCLAIMER OF LIABILITY.

The degree of flood protection required by this chapter 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 chapter 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 chapter shall not create liability on the part of the township or of any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. passed 3-25-2008)

§ 153.20 ADMINISTRATION.

(A) Designation of the administrator. The Summit Township Building Inspector is hereby appointed to administer and implement the provisions of this chapter.

(B) Duties and responsibilities of the Building Inspector. Duties of the Building Inspector shall include, but not be limited to:

(1) Review all development permits to assure that the permit requirements of this chapter 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 flood-prone areas;

(b) All public utilities, and facilities, such as sewer, gas, electrical, and water systems are located and installed to minimize or eliminate flood damage; and

(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 flood-proofed.

(8) When flood-proofing is utilized for a particular structure, the Building Inspector shall obtain certification from a registered professional engineer or architect.

(9) When 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 Building Inspector 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 chapter.

(10) When base flood elevation data has not been provided in accordance with § 153.03, then the Building Inspector 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 § 153.20.

(11) All records pertaining to the provisions of this chapter shall be maintained in the office of the Building Inspector and shall be open for public inspection.

(Ord. passed 3-25-2008)

§ 153.21 PERMIT PROCEDURES.

(A) Application for a development permit shall be made to the Building Inspector on forms furnished by such officer 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, storage of fill materials; drainage facilities, and the location of the foregoing. Specifically, the following information is required:

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

(2) Elevation in relation to mean sea level to which any nonresidential structure has been flood-proofed;

(3) Provide a certificate from a registered professional engineer or architect that the nonresidential flood-proofed structure meets the flood-proofing criteria in this chapter; and

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

(B) In addition to the foregoing, all development proposed for a floodplain must secure a permit from the Michigan Department of Environmental Quality (MDEQ) before issuance of any local permits.

(Ord. passed 3-25-2008)

§ 153.22 VARIANCE PROCEDURES; STANDARDS FOR DETERMINATION OF CONDITIONS.

(A) The zoning board of appeals, as established by the township, shall hear and decide appeals and requests for variances from the requirement of this chapter.

(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 Building Inspector in the enforcement or administration of this chapter.

(C) Any person aggrieved by the decision of the zoning board of appeals may appeal such decision to the Jackson 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 chapter, and:

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

(2) The danger that life and property may be threatened by flooding or erosion;

(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 flood-plain- management program for that area;

(9) The safety and availability 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 flood waters, and the effects of wave action, if applicable, expected at the site;

(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; and

(12) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of ½ acre or less in size contiguous to and surrounded by lots on which, existing structures have been constructed below the base-flood level, providing items (1) through (11) have been fully considered. As the lot size increases beyond the ½ acre, the technical justification required for issuing the variance increases.

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

(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) 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.

(2) 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.

(3) The Building Inspector shall maintain records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

(4) 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 Building Inspector.

(Ord. passed 3-25-2008)

§ 153.30 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 flood waters into the system;

(5) New and replacement sanitary-sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; 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 1 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 1 foot above the base-flood elevation or, together with attendant utility and sanitary facilities, be flood-proofed 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 flood-proofing methods are adequate to withstand the flood depths, pressure, velocities, impact and uplift forces and other factors associated with the base flood. Such certification shall be provided to the township.

(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 flood-way 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:

1. Over-the-top ties be provided at each of the 4 corners of the mobile home, with 2 additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring 1 additional tie per side;

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

3. All components of the anchoring system be capable of carrying a force of 4,800 pounds; and

4. 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:

1. Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be 1 foot above the base-flood level;

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

3. In the instance of elevation on pilings;

a. Lots are large enough to permit steps;

b. Piling foundations are placed in stable soil no more than 10 feet apart; and

c. Reinforcement is provided for pilings more than 6 feet above the ground level.

(4) Floodways: Included within the areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

(a) Encroachments, including 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) All new construction and substantial improvements shall comply with all applicable flood-hazard reduction provisions of this chapter.

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

(Ord. passed 3-25-2008)

§ 153.31 PERMITTED USES BY RIGHT IN THE FLOODWAY AREA.

(A) The following uses having a low flood-damage potential and which 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.

(B) Approval from the State of Michigan Department of Natural Resources is required for construction activity such as the following, to be permitted in the floodway and flood-way fringe areas of the Flood Prevention District:

(1) Recreation uses: Parks, playgrounds, play fields, 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.

(2) Golf courses and driving ranges: In accordance with the requirements of the zoning ordinance of the township.

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

(4) Vegetated buffers: Existing and/or constructed vegetative buffers.

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

(6) Parking areas: Provided said parking areas are unpaved and are incidental to those uses permitted in the subdivisions listed above.

(7) 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 subdivisions listed above.

(Ord. passed 3-25-2008)

§ 153.32 USES PERMITTED BY SPECIAL-USE PERMIT IN THE FLOODWAY AREA.

Provided such uses shall not, in the opinion of the planning commission, be adverse to the purposes of this chapter 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 township and § 153.31:

(A) Railroads, streets, bridges, utility transmission lines, and pipe lines;

(B) Marinas, boat rentals, piers, and wharves;

(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 § 153.31 which are consistent with the provisions of this chapter.

(Ord. passed 3-25-2008)

§ 153.33 REQUIREMENTS FOR SPECIAL-USE PERMIT FOR USES IN THE FLOODWAY AREA.

In addition to all other requirements of the zoning ordinances of the township, 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 1 inch representing 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 Jackson County Drain Commissioner indicating that he or she has reviewed and approved the proposal;

(E) A statement from the State Director of Public Works concerning feasibility of the proposal and his approval; and

(F) Any other information requested by the planning commission.

(Ord. passed 3-25-2008)

§ 153.34 STANDARDS FOR SPECIAL-USE PERMITS WITHIN THE FLOODWAY AREA.

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 § 153.33:

(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 flood waters and whenever possible, shall be constructed with the longer of the 2 axes parallel to the direction of flood flow to minimize flow resistance;

(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.

(Ord. passed 3-25-2008)

§ 153.35 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES).

Located within the areas of the special flood hazard defined in § 153.03 are areas designated as shallow flooding. These areas have special flood hazards, associated with base-flood depths of 1 to 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 township.

(B) All new construction and substantial improvements of nonresidential structures shall:

(1) Have the lowest floor, including basement, elevated above ground 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 flood-proofed 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.

(Ord. passed 3-25-2008)

§ 153.36 PERMITTED USES BY RIGHT IN THE FLOODWAY FRINGE AREA.

(A) The following uses having a low flood-damage potential and which 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 materials, or equipment.

(B) Approval from the State of Michigan Department of Natural Resources is needed for construction activity taking place in the floodway fringe:

(2) Golf courses and driving ranges: In accordance with the requirements of the zoning ordinance of the township.

(3) Agricultural uses: General fanning, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, and wild-crop fanning.

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

(5) 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 subdivisions listed above.

(Ord. passed 3-25-2008)

§ 153.37 USES PERMITTED BY SPECIAL-USE PERMIT IN THE FLOODWAY FRINGE AREA.

Provided such uses shall not, in the opinion of the planning commission, be adverse to the purpose of this chapter 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 township and any other requirements contained herein:

(A) Railroads, streets, bridges, utility transmission lines, and pipe lines;

(B) Marinas, boat rentals, piers, and wharves;

(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 flood-way fringe areas have no groundwater recharge or impoundment potential, filling may occur through compensating excavation and shaping of the flood-way fringe in such a way as to maintain and 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 § 153.36 which are consistent with the provisions of this chapter.

(Ord. passed 3-25-2008)

§ 153.38 REQUIREMENTS FOR SPECIAL-USE PERMITS FOR USES IN THE FLOODWAY FRINGE AREA.

In addition to an other requirements of the zoning ordinance of the township, the applicant for a special-use permit in the Flood Prevention District shall be required to submit that information listed as necessary in § 153.33.

(Ord. passed 3-25-2008)

§ 153.39 STANDARDS FOR SPECIAL-USE PERMITS WITHIN THE FLOODWAY FRINGE AREA.

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 § 153.33:

(A) All new residential structures and residential structures requiring substantial improvement shall have the lowest floor (including basement) elevated to 1 foot above the level of the base-flood floodplain.

(B) All new nonresidential structures and nonresidential structures requiring substantial improvement shall be the lowest floor (including basement) elevated to 1 foot above the level of the intermediate regional flood plan or shall be flood-proofed to 1 foot above the level of the intermediate regional floodplain.