A.
These regulations have been established to permit
certain uses within the established one-hundred-year floodplain areas
as designated by the Federal Emergency Management Agency, Flood Insurance
Rate Map, Panel No. 20446, effective September 17, 1980, as may be
amended.
B.
If an applicant disagrees with the location of a floodplain
boundary as established by the Flood Insurance Rate Map, the applicant
may arrange for studies acceptable to the Federal Emergency Management
Agency (FEMA), conducted at his own expense, which show the elevation
of the one-hundred-year flood in the area in question, and if accepted
by FEMA, this elevation shall be accepted as the floodplain boundary.
C.
Where there is a question regarding the exact location
of a boundary, the Board of Appeals shall determine the location after
receiving a recommendation from the Planning Commission. Such determinations
may include assistance from the U.S. Army Corps of Engineers, the
U.S. Geological Survey, the Michigan Water Resources Commission, or
other agencies.
D.
The Floodplain District regulations, which apply as
an overlay to any zoning district within the Village that is within
the limits of a one-hundred-year floodplain area, are intended to
allow use of lands within flood hazard areas in a manner that reduces
hazards to persons and damage to property and permits the improvement
or development of these lands that is designed to safeguard, preserve
and protect the floodplains and their ability to carry and discharge
a flood.
The following uses shall be permitted within
the boundary of the one-hundred-year floodplain.
A.
Agricultural uses, such as general farming, grazing,
outdoor plant nurseries, horticulture, viticulture, forestry, sod
farming, wild crop harvesting and similar uses.
B.
Limited private and public recreational areas, such
as tennis courts, archery ranges, picnic grounds, public parks, swimming
areas, wildlife and nature preserves, hiking trails, educational farms,
but excluding motorized off-road vehicles of all types.
C.
Required open space or lot area for uses above the
flood hazard area but within the same lot.
D.
Parking and loading areas for uses above the flood
hazard area but within the same lot.
E.
Accessory buildings and structures, such as streets,
bridges, outdoor play equipment, sheds, boathouses and hoists, utility
structures, bleachers, signs, fences, gazebos, and similar buildings
and structures.
F.
Uses which, in the opinion of the Planning Commission,
are similar to the above permitted uses.
The following special land uses may be permitted only after review and approval by the Planning Commission, subject to the requirements and standards of Article XX and the submission of a site plan conforming with the requirements of § 515-100.
A.
Principal residential buildings and nonresidential
buildings when the applicant demonstrates there is no other feasible
alternative location on a development parcel, provided the following
conditions are met:
Accessory buildings, structures and uses shall be permitted in accordance with § 515-78.
A.
All buildings, structures and additions to buildings
and structures shall be designed and anchored to prevent flotation,
collapse or lateral movement of the structure; construction materials
and utility equipment shall be utilized that are resistant to flood
damage; and construction methods and practices shall be utilized that
will minimize flood damage.
B.
No wall or solid screen fence shall be constructed
or enlarged, with the exception of walls that are parts of buildings
and retaining walls designed to prevent the erosion or sliding of
steep slopes.
C.
No sewage disposal systems shall be constructed within
the floodplain district overlay.
D.
No dumping or filling of materials which would significantly
raise flood levels at any point, or which would significantly alter
the flow pattern of the watercourse, shall be permitted, except as
required for the flood control and except as approved by the Michigan
Department of Natural Resources.
E.
All uses in this district require site plan review and approval. Site plans shall be prepared in accordance with the requirements of § 515-100 of this chapter and shall be reviewed and approved by the Planning Commission prior to issuance of a building permit.
F.
All off-street parking shall be arranged so as to
minimize any impact on adjacent residential properties.
G.
See Article XVIII, General Provisions, regarding general requirements which may relate to uses permitted in the district.
H.
Refer to Article XVII, Schedule of District Regulations, for the underlying zoning district regulations limiting the height and bulk of buildings, the minimum size of lot, the maximum density permitted providing minimum yard setback requirements and development options.[1]
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
