(a)

It is the purpose of this article to provide guidelines for development or redevelopment which is planned as a unit. Toward this end, it is the intent of these regulations to allow flexibility in the regulation of land development; encourage innovation in land use and variety in design, layout, and type of structures constructed; achieve economy and efficiency in the use of land, energy, public services, and utilities; encourage useful open space; provide better housing, employment, shopping opportunities, compatibility of design, and use between neighboring properties; facilitate the preservation and reuse of historic structures; and encourage development that is consistent with the city's master land use plan.

(b)

The approval of a planned unit development application requires an amendment to this chapter to revise the zoning map and designate the subject property as "PUD, planned unit development." An approval granted under this article, including all aspects of the final site development plan and conditions imposed on it, constitutes an inseparable part of this chapter.

(c)

The provisions of this article are not intended as a device for ignoring this chapter, the specific standards set forth in this chapter, or the planning upon which it has been based. Provisions of this article are intended to result in land development substantially consistent with the zoning standards generally applied to the proposed uses, allowing for modifications and departures from generally applicable standards in accordance with the guidelines of this article to ensure appropriate, fair, and consistent decision-making.

In a planned unit development, the principal uses which are permitted are based on the underlying zoning district. city council may also consider, upon planning commission recommendation, the City of Ypsilanti master plan as a basis for principal uses permitted in a planned unit development.

The following requirements must apply to all planned unit developments:

(a)

Unified control. The proposed development must be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with this chapter. The applicant must provide legal documentation of a single ownership or control in the form of agreements, contracts, covenants, and deed restrictions which indicate that the development can be completed as shown on the plans, and further, that all portions of the development that are not to be maintained or operated at public expense will continue to be operated and maintained by the developers or their successors.

(b)

Minimum size. The minimum size of a planned unit development in the walkable urban districts is one half-acre of contiguous land. The minimum size of a planned unit development in the use based districts is one acre of contiguous land.

(c)

Applicable base regulations. Unless waived or modified in accordance with the procedures and standards set forth in this article, the yard, bulk, parking, loading, landscaping, lighting, general provisions, and all other standards set forth in this chapter for the uses listed below must be applicable for uses proposed as part of a planned unit development:

(1)

Multiple-family residential uses must comply with the regulations applicable in the MD multiple dwelling residential district.

(2)

Commercial and office uses must comply with the regulations applicable in the C—Center district.

(3)

Manufacturing uses must comply with the regulations applicable in the PMD—Production, Manufacturing, and Distribution district.

(4)

Mixed uses must comply with the regulations applicable for each individual use, as outlined above, except that if conflicts exist between provisions, the regulations applicable to the most dominant use must apply.

(5)

To encourage flexibility and creativity in development consistent with the planned development concept, departures from compliance with the base regulations may be granted by the city council, upon recommendation of the planning commission, as a part of the approval of the planned development. For example, such departures may include modifications of lot dimensional standards, setback requirements, density standards, parking and landscaping requirements, and similar requirements. Such departures may be approved only on the condition that they will result in a higher quality of development than would be possible using conventional zoning standards.

(d)

Street access. Each lot, main building, and principal use within a planned development district must have vehicular access to a public street. Adequate provision must be made for dedications of land for streets and essential services.

(e)

Usable open space. The proposed development must contain at least as much open space as would otherwise be required by the existing underlying zoning.

(f)

Landscaping and maintenance of common areas. All required yards and common areas must be landscaped and adequately and permanently maintained by the property owner, tenant, or organization responsible for maintaining common areas. Through an irrevocable conveyance, such as deed restrictions or covenants that run with the land, the developer must assure that all yards and common areas will be developed in accordance to the site plan and not changed to another use.

(g)

Additional considerations. During review of a proposed planned development, the planning commission must take into account the following considerations which may be relevant to a particular project: perimeter setbacks and screening; thoroughfares, drainage, as provided for in best management practices as appropriate, and utility design; underground installation of utilities; insulating pedestrian circulation from vehicular thoroughfares and ways; achievement of an integrated development with respect to signage, lighting, landscaping and building materials; and noise reduction mechanisms, particularly in cases where nonresidential uses adjoin off-site residentially-zoned property.

A planned unit development that involves adaptive reuse of an existing structure that is located in a residential zoning district, but that was originally constructed for non-residential use, may be reviewed as a planned adaptive reuse project at the request of the applicant. The following requirements must apply to a planned adaptive reuse project in addition to the requirements applied to all planned unit developments:

(a)

Eligibility. The project must involve the reuse of an existing structure that is located in a residential zoning district, that was constructed for non-residential use.

(b)

Minimum size. Notwithstanding §122-702(b), no minimum size is required for a planned adaptive reuse project.

(c)

Permitted uses. Notwithstanding §122-701, a planned adaptive reuse project may include any uses determined by the city council, upon planning commission recommendation, to be appropriate for the site and compatible with adjacent uses and zoning districts, with the master plan, and with any subarea plans.

An application for a planned unit development must contain the following:

(a)

Cover letter signed by the applicant and owner holding an equitable interest in the property.

(b)

Legal description showing the location and acreage of the property.

(c)

General description of proposed development, including a timetable of development and a list of departures from the regulations of this chapter which will be required.

(d)

Site plan at a scale of one inch equals 50 feet or larger, prepared in accordance with §122-309. Additional information on the site plan must include:

(1)

A schedule of total land areas devoted to each type of use, useable floor areas, density calculations, number and types of units, and building ground coverage.

(2)

Open space areas, indicating the proposed uses and improvements for such areas.

(3)

Architectural sketches showing building heights, external wall finishes, location of building entry ways, lighting elements, and other architectural features.

(4)

Copy of agreements, covenants, or deed restrictions which will assure that the development will be completed and maintained as shown on the plans by the developer and successive owners.

(5)

Other information deemed pertinent to the proposed development by the planning commission or city council.

(e)

A fee for the processing of the planned development application, as established by the city council.

The review and approval process for planned unit developments must be as follows:

(a)

Preapplication conference.

(1)

In order to facilitate review of a planned unit development proposal in a timely manner, the applicant may request an informal preapplication conference with city staff. The purpose of such a conference is to exchange information and provide guidance to the applicant that will assist in preparation of application materials.

(2)

The applicant must present at such a conference, at a minimum, a concept plan of the proposed planned unit development (drawn to scale), a legal description of the property in question, the total land areas of the project, the approximate number of residential units to be constructed, the floor area of nonresidential uses, and areas to be designated as common areas or open space.

(3)

No formal action must be taken at a preapplication conference. There must be no fee for a preapplication conference. Statements made at the preapplication conference must not be legally binding commitments.

(b)

Public hearing. After a formal application has been filed for a planned unit development, it must be reviewed by the city planner and planning and development department for completeness and submitted to the planning commission. A public hearing on the proposed planned unit development must be scheduled. Notice of the public hearing must be published in a newspaper of general circulation in the city, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real estate property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. Such notice must be given not less than 15 days before the public hearing scheduled. Such notification must contain the following information:

(1)

Nature of the planned unit development project requested.

(2)

Boundaries of the property which is the subject of the request.

(3)

Date and time of the public hearing.

(4)

Location and times that written comments will be received concerning the request.

(c)

Planning commission recommendations. Within a reasonable time not to exceed 90 days following the public hearing, the planning commission must make its final consideration of the request, and must recommend to the city council denial, approval, or approval with conditions, of the request. The planning commission must have prepared a report stating its conclusions, the basis for its recommendations, and any conditions relating to an affirmative recommendation.

(d)

City council action.

(1)

The city council must be provided with a copy of the planning commission's report, a summary of comments received at the public hearing, minutes of all proceedings, and all documents related to the planned unit development. Within a reasonable time, not to exceed 60 days, after the action of the planning commission, the city council must deny, approve, or approve with conditions, the request.

(2)

The city council may require that a performance guarantee be deposited with the city to ensure faithful completion of improvements, in accordance with §122-317. Unapproved deviations or delays in construction may result in a loss of all or a portion of the performance guarantee.

(3)

The city council may also impose other conditions to ensure that a planned unit development is constructed in an orderly manner, consistent with the spirit and intent of this chapter; and that the planned unit approach is not used as a means of circumventing restrictions on the location or quantity of certain types of land uses.

(e)

Effect of approval.

(1)

Approval of a planned unit development proposal must constitute an amendment to this chapter. All improvements to and use of the site must be in conformity with the approved planned unit development site plan and any conditions imposed.

(2)

Within three business days of official approval of the application and site plan by the city council, the city clerk must attest the planned unit development designation for the land in question on the zoning map.

(3)

Notice of the adoption of the planned unit development designation must be published in a newspaper of general circulation within the city within 15 days after approval in accordance with §122-361.

(f)

Recorded with register of deeds. The applicant must record with the county register of deeds within ten days of approval of the application the following: a legal description of the project site, the approved site plan and an affidavit declaring that all future improvements will be made in accordance with the approved planned unit development.

In considering any application for a planned unit development, the planning commission and city council must make their determinations based on the standards for site plan approval in §122-311 and the following standards:

(a)

Conformance with the planned development concept. The overall design and all uses proposed in connection with a planned unit development must be consistent with and promote the intent of this article, as well as with specific project design standards set forth in this chapter.

(b)

Recognizable benefits. The planned development will result in recognizable and substantial benefits to the ultimate users of the project and to the community in general where such benefits would otherwise be unfeasible or unlikely to be achieved.

(c)

Compatibility with adjacent uses. The proposed planned unit development must be designed with due regard to its relationship with development on surrounding properties and uses thereon, including building heights, setbacks, density, parking, circulation, landscaping, views, and other layout features. In particular, consideration must be given to the following:

(1)

The bulk, placement, architecture, and types of materials used in construction of proposed structures.

(2)

The location and screening of vehicular circulation and parking areas in relation to surrounding development.

(3)

The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.

(4)

The hours of operation of the proposed uses.

(5)

Landscaping, preservation of historic features, and other site amenities.

(d)

Impact of traffic. The planned development must be designed to minimize any adverse impact of traffic generated by the proposed development. Consideration must be given to the following:

(1)

Estimated traffic to be generated by the proposed development.

(2)

Access to major thoroughfares.

(3)

Proximity and relation to intersections.

(4)

Adequacy of driver sight distances.

(5)

Location of and access to off-street parking.

(6)

Required vehicular turning movements.

(7)

Provisions for pedestrian traffic.

(8)

Access to loading and unloading areas.

(e)

Public services. The proposed type and density of use must not result in a material increase in the need for public services, facilities, and utilities; including but not necessarily limited to water and sewer services, public roads, fire and police protection, and schools. The proposal must not place an undue burden upon the subject or surrounding land or property owners and occupants or the natural environment.

(f)

Compatibility with master plan and this chapter. The proposed development must be compatible with the adopted city master plan and with the spirit and intent of this chapter.

(g)

Economic impact. The proposed development must not result in an unreasonable negative economic impact upon surrounding properties.

(h)

Compliance with applicable regulations. The proposed development must be in compliance with all applicable federal, state, county, and local laws and regulations.

(i)

Phasing. Where a project is proposed for construction in phases, the project must be so designed that each phase, when completed, must be capable of standing on its own in terms of the presence of services, facilities, and open space; and must contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the planned unit development and the occupants of the surrounding area.

(a)

Approval of the planned unit development must expire and be of no effect unless construction must have commenced within one year of the date of the approval. An extension for a specified period may be granted by the city council upon good cause shown, if such request is made to the city council prior to the expiration period.

(b)

In the event an approved planned unit development has expired, the city council may rezone the property in any reasonable manner following planning commission recommendation and a public hearing in accordance with article III, division 4 of this chapter. If, at the discretion of the city council, the property remains classified as a planned unit development, a new application is required and will be reviewed in light of the prevailing conditions, applicable laws, and ordinance provisions.

(a)

General revisions. Approved final plans for a planned unit development may be revised in accordance with the procedures set forth in §122-705. Major revisions would include, but must not be limited to, increases in scope or density of use, land area, or building size; the addition of uses not authorized by the original planned unit development approval; the rearrangement of lots or building tracts; changes in the character or function of drives; or changes in the concept of the development.

(b)

Minor changes. Notwithstanding subsection (a) of this section, minor changes may be permitted by the planning commission following normal site plan review procedures outlined in article III of this chapter, subject to its finding of the following:

(1)

Such changes will not adversely affect the initial basis for granting approval; and

(2)

Such minor changes will comply with all applicable requirements of this chapter and other local, state, and federal laws; and will not adversely affect the overall planned unit development in light of the intent and purpose of such development as set forth in this article.

The zoning board of appeals is without jurisdiction to accept appeals or grant variances with respect to an approved planned unit development.

Site condominium subdivisions are developments utilizing the technique of land division on the basis of condominium ownership. As such, site condominium subdivisions are not subject to the provisions of the land division act, Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq.), MSA 26.430(101) et seq.), as amended. This section requires the submittal and review of site condominium subdivision plans under this chapter to ensure that such developments are accomplished with the same results as if the improvements were being proposed pursuant to the land division act, including, without limitation, conformance with all requirements of the applicable regulations contained in this chapter. Site condominium subdivision projects may be approved in any zoning district as a special use under the provisions of article III, division 2, subdivision II of this chapter, or where divergence from the use, height, area, and placement regulations of this chapter is desired, the provisions of article VII, division 1 of this chapter.

All site condominium subdivisions and structures therein must comply with all the use, size, height, area, setback, sign, and all other regulations of the zoning district in which the subdivision is located unless modified through the provisions of article VII, division 1 of this chapter regarding planned unit developments.

Application for review and approval of site condominium subdivision projects shall be made pursuant to the provisions of article III, division 2, subdivision II or article VI, division 1 of this chapter.

Approval of a site condominium subdivision project serves as authorization to proceed with the division of the land on the basis of condominium ownership and the construction of required improvements to the land. However, unless specifically addressed and authorized, site condominium subdivision approval does not serve as the authorization of land uses on individual lots within the subdivision. All uses are subject to the provisions of this chapter otherwise applicable to the specific zoning district and use in question.

The site plan submitted for a site condominium subdivision must be consistent with the requirements outlined in §122-309 showing the location, size, shape, area, and width of all lots, all general and limited common elements, and street and utility layout. In addition, the following must be included as part of the application for special land use approval:

(a)

The use and occupancy restrictions as will be contained in the master deed.

(b)

A "consent to submission of real property to condominium project," listing all parties which have ownership interest in the proposed site condominium subdivision, or evidence of authority or right that the developer has a legal option to purchase the subject property from the owner of record.

Site condominium subdivision plans must conform to the design, layout, and improvement standards as may be promulgated by the city council by ordinance. Any such standards and regulations are hereby incorporated by reference in this article.

(a)

Streets. If a site condominium subdivision is proposed to have public streets, the streets must be paved and developed to the minimum design, construction, inspection, approval, and maintenance requirements for public streets as adopted by the city.

(b)

Utilities. Extension and provision of utilities must be provided as may be required by the city as conditions of approval.

(c)

Drainage. Procedures and design criteria for drainage must be as provided in the rules of the county drain commissioner, pursuant to section 105(c) of Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101(c), MSA 26.430(101), (c)), as amended.

All provisions of the site condominium plans which are approved by the city pursuant to this article must be incorporated, as approved, in the master deed for the site condominium subdivision. Any proposed changes to the approved site condominium plans must be received and approved by the city pursuant to the procedure set forth in §122-712 for the approval of site condominium plans. A copy of the master deed as filed with the county register of deeds for recording must be provided to the city clerk within ten days after such filing with the County.

The flood hazard areas of the city are subject to periodic inundation which may result in safety hazards, loss of life, property and health, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and welfare. The flood losses are caused by the cumulative effects of obstructions in floodplains causing increased flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise protected from flood damages.

It is the purpose of this article to protect the general public and all land within the city subject to flood losses by provisions designed to do the following:

(a)

Restrict or prohibit uses which are dangerous to health, safety and property in times of flood or which cause excessive increases in flood flow heights or velocities.

(b)

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

(c)

Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.

(d)

Control filling, grading, dredging and other development which may increase erosion or flood damage.

(e)

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

This article shall apply to all flood hazard areas. The boundaries of the flood hazard areas shall coincide with the boundaries of the areas indicated as within the limits of the 100 year flood in the report entitled Flood Insurance Study, Washtenaw County (All Jurisdictions) Community Number 260216, dated April 3, 2012, with accompanying flood insurance rate maps and flood boundary and floodway maps. Within the flood hazard area zone, a regulatory floodway shall be designated. The boundaries of the regulatory floodway shall coincide with the floodway boundaries indicated on the flood boundary and floodway 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, as used in this chapter, shall mean flood hazard area zone and the term floodway, shall mean the designated regulatory floodway.

(a)

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 Building Official of the City of Ypsilanti is hereby designated as the enforcing agency to discharge the responsibility of the City of Ypsilanti under Act 230, of the Public Acts of 1972, as amended, State of Michigan. The City of Ypsilanti assumes responsibility for the administration and enforcement of said Act throughout the corporate limits of the community adopting this ordinance.

(b)

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 Ypsilanti.

(c)

Designation of regulated flood prone hazard areas. The federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) Entitled Washtenaw County, Michigan (All Jurisdictions) and dated April 3, 2012 and the Flood Insurance Rate Map(s) (FIRMS) panel number(s) of 26161C; 00269E, 0288E, 0407E, and 0426E dated April 3, 2012 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.

Any proposed occupation, structure, excavation, fill, extraction, grading or scraping and any substantial improvement to an occupation, structure or area shall be reviewed and approved by the planning commission. "Substantial improvement" means any repair, reconstruction or improvement of an occupation, structure or area, the cost of which equals or exceeds 50 percent of the market value of the structure either, (i) before the improvement or repair is started or (ii) if the occupation, structure or area has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural member commences, whether or not that alteration affects the external dimensions of the structure or area. The term does not, however, include either (i) any project for improvement of a structure to comply with state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (ii) any alteration of a structure listed on the National Register of Historic Places or state register of historic places.

(a)

Permitted uses. The following uses may be permitted in those portions of the floodplain which are not a floodway, to the extent that they are allowed uses within a given zoning district and subject to the construction standards of building code in effect for the city at the time of construction:

(1)

Residential and nonresidential structures provided that the building official certifies to the planning commission that the proposed provisions for flood resistant construction, flood proofing or elevation meet or exceed the standards set forth in the City's building code.

(2)

Recreational uses such as parks, swimming areas, picnic grounds, ball fields, hiking or biking trails, and wildlife and nature preserves.

(3)

Residential support uses such as lawns, gardens, play areas, and parking areas which do not result in the filling in of floodplain areas.

(4)

Industrial and commercial support uses which are open in nature such as loading areas or parking areas which do not result in the filling in of any floodplain areas.

(5)

Utility facilities such as power plants, transmission lines, pipelines not crossing a lake or waterway, lighting facilities, and navigational and drainage aids.

(6)

Piers, boat ramps, bridges, and other such water related uses subject to approval by the water resources commission of the state department of natural resources.

(7)

Fencing of any type, provided that such fencing shall not be located in that portion of the floodplain that is a floodway or other areas essential to the conveyance of floodwaters.

(8)

Sidewalks, driveways, patios, and similar structures when constructed at grade.

(9)

Fill or removal of topsoil, sand, and gravel or other extraction operations, in that portion of a floodplain which is not a floodway provided the following conditions are met:

(i)

Proof that proper long term maintenance will be provided so that the flood-carrying capacity is not diminished.

(ii)

Any fill or excavated area shall be protected from erosion during and after operations by rip-rap, vegetative cover, bulk-heading, or other approved means.

(iii)

The proposed filling in of land, provided that material equal to 110 percent of the fill volume is removed elsewhere from such premises and adjusted to be capable of storing floodwaters. Structures and parking areas may be permitted on such filled land provided the elevation of the filled land is at least one foot above the base flood elevation. A permit issued by the state department of natural resources under the state's floodplain regulatory authority, Act No. 451 of the Public Acts of Michigan of 1994 (MCL 324.3101 et seq., MSA 13A.3101 et seq.), shall be obtained prior to the filling of land in the floodplain. A copy of the state department of natural resources permit shall be provided to the city building inspection division prior to the issuance of a building permit.

(10)

Streets, railroads, and other rights-of-way.

(11)

Pavilions, open amphitheaters, detached garages, raised patios and decks, and other accessory structures provided they are properly anchored and made flood resistant and are not located in a floodway or other area essential to the conveyance of floodwaters.

(12)

Facilities for the storage and detention/retention of stormwater.

(13)

Storage yards for heavy equipment, materials, or machinery.

(b)

Prohibited uses. The following uses are not allowed in a floodplain area under any circumstances:

(1)

New residential construction or occupation, including mobile homes, manufactured homes or pre-manufactured homes, are specifically prohibited in that portion of the floodplain that is a floodway. Other types of construction and occupation may be allowed in that portion of the floodplain that is a floodway; however, a hydraulic analysis shall be required which demonstrates that occupation and resulting obstruction of the floodway will not restrict the flood carrying capacity of the watercourse.

(2)

A landfill, dump, junkyard, recycling center or hazardous waste storage or treatment facility are expressly prohibited in a floodplain area.

(3)

The storage or processing of materials which in time of flooding become buoyant, flammable, explosive or otherwise injurious to public health, is expressly prohibited within a floodplain area.

(4)

On-site sewage disposal systems shall be permitted within a floodplain area.

(5)

Any encroachment which would cause any increase in the base flood level.

(a)

Site plan review. All development, construction, occupation or substantial improvement proposals located within a floodplain area shall be reviewed by the city planner or planning commission in accordance with the site plan review procedures of article III of this chapter, and the "Rules of the Washtenaw County Water Resources Commissioner." The city planner or planning commission, when reviewing an application for occupation, construction or substantial improvement in a floodplain, shall consider the following standards before rendering a decision:

(1)

Any possible danger to life and property as a result of increased flood heights or velocities caused by encroachments on the floodplain.

(2)

The danger that materials may be swept to other lands or downstream to the injury or property loss of others.

(3)

The susceptibility of the proposed development and its contents to flood damage.

(4)

The importance of the services provided by the development to the community.

(5)

The requirement of the proposed development for a waterfront location and the availability of alternate locations not subject to flooding.

(6)

The compatibility of the proposed use with existing and anticipated development of the surrounding area and the floodplain management program of the area.

(7)

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

(8)

The measures taken to assure adequate drainage so as to reduce exposure to flood hazards.

(9)

The planning commission may attach certain conditions to an approval such as limitations on period of use and operation; imposition of operational controls, deed restrictions, performance bonds, and covenants; or requirements for construction of dikes, levees, and other protection measures.

(b)

Building official's responsibility. Prior to site plans being submitted to the planning commission the building official shall:

(1)

Certify that the proposed construction, occupation or substantial improvement complies with the city building code adopted in chapter 18.

(2)

Where permits are required by other state or federal agencies, a copy of the approved permit shall be provided, by the applicant, prior to review by the planning commission.

(3)

Cause to be verified and recorded on the site plan and building plans, the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

(4)

Cause to be verified and recorded on the site plan and building plan, the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have or will be floodproofed.

(5)

Require that all site plans and building plans for occupation, construction or substantial improvement within the floodplain have been prepared under the supervision of a registered professional engineer or architect. All site plans and building plans shall be signed by the registered professional engineer or architect.

(6)

Certify that notification has been made to adjacent communities and the state flood control coordinator of a proposed development, construction, occupation, substantial improvement alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration and the planning commission.

(7)

Be available at the meeting of the planning commission when such plans are reviewed to answer any questions relative to the floodplain or construction standards.

No occupation, building or structure within a floodplain area shall be erected, moved, repaired, altered, or razed until a building permit shall have been obtained from the building official in accordance with the customary building permit requirements under chapter 18. For structures located within a floodplain, the following additional information shall be included with the building permit, and shall become a condition of the permit. All plans, specifications and conditions approved by the planning commission. The plans shall include all of the information required by §122-724.

The zoning board of appeals shall hear and decide appeals and requests for variances from the requirements of this article, in accordance with the procedures and conditions set forth in this article. Prior to hearing of the appeal, the city planner shall certify to the zoning board of appeals that notices as required under this article have been made. Further, the city planner shall certify to the zoning board of appeals that the immediate downstream community's chief elected official and the state flood control coordinator have been notified of the request for appeals or variance and of the public hearing. Appeals or variances relating to the construction standards as set forth in the building code, shall be heard by the construction board of appeals as outlined in chapter 18. In addition, the following conditions shall be applied to variances granted from the floodplain regulations of this article:

(a)

Variances shall be issued upon a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, public nuisances, or cause fraud on or victimization of the public.

(b)

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

(c)

All such variances to this article shall be maintained in a record and reported to the Federal Insurance Administration and the state flood control coordinator upon request.

The degree of flood protection required by this article is considered the minimum necessary and reasonable for regulatory purposes. Larger floods may occur at any time, and excessive floodwater heights may be experienced due to manmade and natural causes. This article does not imply that areas outside the special flood hazard areas, or uses permitted within such areas, shall remain free from flooding or flood damages. This article shall not create a liability on the part of the City or any officer or employee thereof for any flood damage that results from compliance with or reliance upon this article or any administrative decision lawfully made thereunder.