The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Area of special flood hazard means the land in the floodplain within the city subject to a one percent or greater chance of flooding in any given year.

Base flood means the flood having a one percent chance of being equalled or exceeded in any given year.

Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard area means land which on the basis of available floodplain information is subject to a one percent or greater chance of flooding in any given year.

Flood hazard boundary map (FHBM) means an official map of the city, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazards have been designated as zone A.

Flood insurance rate map (FIRM) means an official map of the city, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city.

Flood insurance study means the official report provided by the Federal Insurance Administration. The report contains flood profiles, flood boundaries, flood insurance rate zones and the water surface elevation of the base flood.

Floodplain means any land area susceptible to being inundated by water from any source (see definition of Flood).

Floodway means the channel of a river or other watercourse and the adjacent land areas which must be reserved in order to discharge the base flood.

Harmful increase means an unnaturally high stage on a river, stream or lake which causes, or may cause, damage to property, threat to life, personal injury or damage to land or water resources.

Mobile home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

Structure means a walled and rooted building that is principally above ground, gas and liquid storage facility, as well as a mobile home.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds the current state equalized value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

(Ord. No. 54A, § 18.02, 11-11-1987; Ord. No. 222, § 4, 7-14-1993)

Cross reference— Definitions generally, § 1-2.

(a)

It is the purpose of this article to significantly reduce hazards to persons and damage to property as a result of flood conditions in the city and to comply with the provisions and requirements of the National Flood Insurance Program, as constituted in accord with the National Flood Insurance Act of 1968, and subsequent enactments, and the rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency, as published in the Federal Register, Vol. 41, No. 207, Tuesday, October 26, 1976, and redesigned at 44 FR 31177, May 31, 1979.

(b)

Further, the objectives of this article include:

(1)

The protection of human life, health and property from the dangerous and damaging effects of flood condition;

(2)

The minimization of public expenditures for flood control projects, rescue and relief efforts in the aftermath of flooding repair of flood damaged public facilities and utilities, and the redevelopment of flood damaged homes, neighborhoods, commercial and industrial areas;

(3)

The prevention of private and public economic loss and social disruption as a result of flood conditions;

(4)

The maintenance of stable development patterns not subject to the blighting influence of flood damage;

(5)

To ensure that the public has access to information indicating the location of land areas subject to periodic flooding; and

(6)

To preserve the ability of floodplains to carry and discharge a base flood.

(Ord. No. 54A, § 18.01, 11-11-1987)

(a)

The flood hazard area zone shall overlay existing zoning districts delineated on the official city zoning map. The boundaries of the flood hazard area zone shall coincide with the boundaries of the areas indicated as within the limits of the 100-year flood in the report entitled "The Flood Insurance Study for the City of Sylvan Lake," dated May 16, 1986, with accompanying flood insurance rate maps. The study and accompanying maps are adopted by reference, appended and declared to be a part of this chapter. The term "flood hazard area" used in this chapter shall mean the flood hazard area zone.

(b)

Where there are disputes as to the location of a flood hazard area zone boundary, the zoning board of appeals shall resolve the dispute in accord with section 78-805.

(c)

In addition to other requirements of this chapter applicable to development in the underlying zoning district, compliance with the requirements of this article shall be necessary for all development occurring within the flood hazard area zone. Conflicts between the requirements of this article and other requirements of this chapter or any other ordinance shall be resolved in favor of this article, except where the conflicting requirement is more stringent and would further the objectives of this to a greater extent than the requirements of this article. In such cases, the more stringent requirements shall be applied.

(Ord. No. 54A, § 18.03, 11-11-1987)

(a)

When a lot is in a multiple residential zone district and a portion thereof is within the floodplain, the portion within the floodplain may be used to compute the permitted density of dwelling units to be constructed on the portion of the lot outside the floodplain, provided, however:

(1)

The total number of permitted dwelling units outside the floodplain shall not exceed the number of dwelling units which would be permitted on the portion of the lot outside the floodplain by the multiple-family zone district permitting the number of dwelling units next highest in number to the district in which the lot is zoned.

(2)

The total usable flood area of the dwelling units outside the floodplain shall not exceed 50 percent of the lot area outside of the floodplain.

(b)

When a lot is in a single-family residential zone district and a portion thereof is within the floodplain, the portion thereof within the floodplain may be used to compute the lot area requirements set forth in this article.

(c)

All lands included in such floodplain control district shall be subject to the restrictions imposed in this article, in addition to the restrictions imposed by other zoning districts in which such lands should be located.

(Ord. No. 54A, § 18.10, 11-11-1987)

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. Approval of the use of land under this chapter shall not be considered a guarantee or warranty of safety from flood damage. This chapter does not imply that areas outside the flood hazard area will be free from flood damage. This chapter does not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this chapter, this article or any administrative decision lawfully made thereunder.

(Ord. No. 54A, § 18.14, 11-11-1987)

(a)

With regard to the National Flood Insurance Program, and the regulation of development within the flood hazard area zone as prescribed in this article, the duties of the zoning administrator shall include, but are not limited to:

(1)

Notification to adjacent communities and the department of natural resources of the proposed alteration or relocation of any watercourse, and the submission of such notifications to the Federal Insurance Administration.

(2)

Verification and recording of the actual elevation in relation to mean sea level of the lowest floor, including basement, of all new or substantially improved structures constructed within the flood hazard area, and in the case of floodproofed structures, the elevation to which the structure was floodproofed.

(3)

Recording of all certificates of floodproofing and written notification to all applicants to whom variances are granted in a flood hazard area zone indicating the terms of the variance, the increased danger to life and property and that the cost of flood insurance will increase commensurate with the increased flood risk, and may reach amounts in excess of $25.00 for $100.00 of insurance coverage per year. A record of all variance notifications and variance actions shall be maintained together with the justification for each variance.

(b)

All records and maps pertaining to the National Flood Insurance Program shall be maintained in the office of the zoning administrator and shall be open for public inspection.

(c)

It shall be the responsibility of the zoning administrator to obtain and utilize the best available flood hazard data for purposes of administering this article in the absence of data from the Federal Insurance Administration.

(Ord. No. 54A, § 18.13, 11-11-1987)

(a)

Where disputes arise as to the location of the flood hazard area boundary or the limits of flood risk zones A1-30, the zoning board of appeals shall resolve the dispute and establish the boundary location. In all cases, the decision of the zoning board of appeals shall be based upon the most current floodplain studies issued by the Federal Insurance Administration. Where Federal Insurance Administration information is not available, the best available floodplain information shall be utilized.

(b)

Where a dispute involves an allegation that the boundary is incorrect as mapped and Federal Insurance Administration floodplain studies are being questioned, the zoning board of appeals shall modify the boundary of the flood hazard area or the zones defining the floodway only upon receipt of an official letter of map amendment issued by the Federal Insurance Administration.

(c)

All parties to a map dispute may submit technical evidence to the zoning board of appeals.

(Ord. No. 54A, § 18.04, 11-11-1987)

Development, including the erection of structures and placement of mobile homes, within a flood hazard area shall not occur except upon issuance of a permit in accord with the requirements of subsection (b) of this section and the following standards:

(1)

The requirements of this article shall be met.

(2)

The requirements of the underlying zoning district and applicable general provisions of this chapter must be met.

(3)

All necessary development permits shall have been issued by appropriate local, state and federal authorities, including floodplain permit, approval or letter of no authority from the state department of natural resources. Where a development permit cannot be issued prior to the issuance of a zoning compliance permit, a letter from the issuing agency indicating intent to issue contingent only upon proof of zoning compliance shall be acceptable.

(Ord. No. 54A, § 18.05, 11-11-1987)

In addition to the information required with an application for a zoning compliance permit, special use permit or any other type of development permission required under this chapter, the following information shall be submitted as a part of an application for permission to commence any type of development within a flood hazard area zone:

(1)

The elevation in relation to mean sea level of the floor, including basement, of all structures;

(2)

Where floodproofing will be employed, the elevation in relation to mean sea level to which a structure will be floodproofed;

(3)

Where floodproofing will be employed, a certificate from a registered professional engineer or architect that the floodproofing criteria of this chapter will be met;

(4)

Where it can be determined that development is proposed within zones A1-30 on the FIRM, a certification as required by this article;

(5)

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development;

(6)

Proof of development permission from appropriate local, state and federal agencies as required by subsection 78-803(a)(3), including a floodplain permit, approval or letter of no authority from the state department of natural resources;

(7)

Base flood elevation data where the proposed development is subject to the land division act (MCL 560.101 et seq.), or greater than five acres in size; and

(8)

Additional information which may be reasonably necessary to determine compliance with the provisions of this article.

(Ord. No. 54A, § 18.06, 11-11-1987)

(a)

Variances from the provisions of this article shall only be granted by the zoning board of appeals upon a determination of compliance with the general standards for variances contained in this chapter and each of the following specific standards:

(1)

A variance shall be granted only 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 flood heights in excess of that permitted in section 78-829, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing laws or ordinances.

(2)

The variance granted shall be the minimum necessary, considering the flood hazard, to afford relief to the applicant.

(b)

The city zoning board of appeals may attach conditions to the granting of a variance to ensure compliance with the standards contained in this chapter.

(c)

Variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the Michigan Historic Markers listing of historic sites, or any other state register of historic places without regard to the requirements of this article.

(Ord. No. 54A, § 18.12, 11-11-1987)

(1)

Agency designated. Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, the city manager or designee of the City of Sylvan Lake is hereby designated as the enforcing agency to discharge the responsibility of the City of Sylvan Lake under Act 230, of the Public Acts of 1972, as amended, State of Michigan. The City of Sylvan Lake assumes responsibility for the administration and enforcement of said Act throughout the corporate limits of the community adopting this section.

(2)

Code appendix enforced. Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency within the City of Sylvan Lake.

(3)

Designation of regulated floodprone hazard areas. The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) entitled Flood Insurance Study, Oakland County, MI and dated September 29, 2006, and the Flood Insurance Rate Map(s) (FIRMS) panel number(s) of 0364F and 0502F and dated September 29, 2006, are adopted by reference for the purposes of administration of the Michigan Construction Code, and declared to be a part of Section 1612.3 of the Michigan Building Code, and to provide the content of the "Flood Hazards" section of Table R301.2(1) of the Michigan Residential Code.

(Ord. No. 279, §§ 1—3, 9-20-2006)

(a)

All new construction and substantial improvements within a flood hazard area, including the placement of prefabricated buildings and mobile homes, shall be:

(1)

Designed and anchored to prevent flotation, collapse or lateral movement of the structure;

(2)

Constructed with materials and utility equipment resistant to flood damage; and

(3)

Constructed by methods and practices that minimize flood damage.

(b)

All new and replacement water supply systems shall minimize or eliminate infiltration of floodwaters into the systems.

(c)

All new and replacement sanitary sewage systems shall minimize or eliminate infiltration of floodwaters into the systems and discharges from systems into floodwaters. On-site waste disposal systems shall be located to avoid impairment to the system or contamination from the system during flooding.

(d)

All public utilities and facilities shall be designed, constructed and located to minimize or eliminate flood damage.

(e)

Adequate drainage shall be provided to reduce exposure to flood hazards.

(f)

Compliance with the standards of this article shall be certified by a registered professional engineer or architect.

(g)

Land shall not be divided in a manner creating parcels or lots which are in conformance with the requirements of this chapter.

(h)

The flood carrying capacity of any altered or relocated watercourse not subject to state or federal regulations designed to ensure flood carrying capacity shall be maintained.

(i)

Available flood hazard data from federal, state or other sources shall be reasonably utilized in meeting the standards of this section. Data furnished by the Federal Insurance Administration shall take precedence over data from other sources.

(Ord. No. 54A, § 18.07, 11-11-1987)

(a)

On the basis of the most recent available base flood elevation data the following standards shall apply in the flood hazard area zone:

(1)

All new construction and substantial improvements of residential structures shall have the lowest flood, including basement, elevated to one foot above the base flood level.

(2)

All new construction and substantial improvements of nonresidential structures shall have either:

a.

The lowest floor, including basement, elevated to one foot above the base floor level; or

b.

Be constructed such that below one foot above base flood level, together with attendant utility and sanitary facilities, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic buoyancy.

A registered professional engineer or architect shall certify that the standards of this subparagraph are satisfied, and that the floodproofing methods employed are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood in the location of the structure. Such certification shall be submitted as provided in section 78-804 and shall indicate the elevation to which the structure is floodproofed.

(b)

The most recent base flood elevation data received from the Federal Insurance Administration shall take precedence over data from other sources.

(Ord. No. 54A, § 18.08, 11-11-1987)

(a)

All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties in accord with the following specifications:

(1)

Over-the-top ties shall be provided at each of the four corners of the mobile homes, with two additional ties per side at intermediate locations, except that on mobile homes less than 50 feet in length one tie per side shall be required.

(2)

Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points, except that on mobile homes less than 50 feet in length, four ties per side shall be required.

(3)

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

(4)

All additions to a mobile home shall be similarly anchored.

(b)

An evacuation plan indicating alternative vehicular access and escape routes shall be filed with the county division of medical services and disaster control.

(c)

Mobile homes within zones A1-30 on the Flood Insurance Rate map shall be located in accord with the following standards:

(1)

All mobile homes shall be placed on stands or lots which 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.

(2)

Adequate surface drainage away from all structures, and access for a mobile home hauler shall be provided.

(3)

In the instance of elevation on pilings, lots shall be large enough to permit steps, piling foundations shall be placed in stable soil no more than ten feet apart and reinforcement shall be provided for piers more than six feet above ground level.

(4)

In mobile home parks and mobile home subdivisions which exist at the time the ordinance from which this section is derived is adopted, where repair, reconstruction or improvements of streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, the standards in subsections (c)(1), (2) and (3) of this section shall be complied with.

(Ord. No. 54A, § 18.09, 11-11-1987)

(a)

New construction, substantial improvements and all other development, including fill, shall be prohibited within zones numbers A1-30 on the FIRM, except where it is demonstrated to the zoning administrator that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not harmfully increase the water surface elevation of a base flood. In determining whether a harmful increase will occur, compliance with all applicable law shall be required, provided that the allowable increase shall not exceed one foot. Zones A1-30 on the FIRM shall be considered to be the floodway.

(b)

The uses of land permitted in an underlying zoning district shall not be construed as being permitted within the floodway, except upon compliance with the provisions in this section.

(Ord. No. 54A, § 18.11, 11-11-1987)