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.

The requirements of this article shall apply to all lands within the City of Utica that are located within the FP, floodplain protection overlay district, as shown on the City of Utica Zoning Districts Map. The provisions and restrictions of this article shall be considered to apply in addition to and where applicable, in lieu of the provisions of the underlying zoning districts shown on the official zoning districts map, sufficient to fulfill the purpose of this article.

This article shall take precedence over any conflicting laws, ordinances, or codes.

"Floodplain area," as used herein, is deemed to mean that area defined within the 100-year flood boundary in the FEMA "Flood Insurance Rate Map" for the City of Utica dated February 18, 1981.

Where there is a question as to the exact boundaries and limits of a floodplain area boundary, the city building official shall determine the limits from the topographical data available.

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

1.

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

2.

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

3.

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

4.

Surface parking areas regulated by section 1407 of this ordinance.

5.

Uses permitted by the zoning districts otherwise established for the parcel subject to the regulations of such district provided:

(a)

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

(b)

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

(1)

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

(2)

Be constructed such that below base flood level, together with attendant utility and sanitary facilities, 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. A registered professional engineer or architect shall certify that the standards of this subparagraph are satisfied, and that the flood proofing 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.

(c)

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.

(d)

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 building official.

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.

All submittals for constructing within and/or otherwise occupying a floodplain within the floodplain protection overlay district shall be accompanied by an approved permit issued by the governing agency of the State of Michigan.