(A) No building, manufactured home, structure, dam, or fill of any kind shall be placed in any floodway or allowed to be maintained in any floodway. Any existing building, structure, dam, or fill which is located in any floodway and damaged or destroyed to the extent of 10% of the value thereof, shall not be permitted to be repaired or restored, unless the Board of Flood Control Appeals shall approve of the restoration after an investigation and a hearing being held thereon.
(1) This restriction may be modified or altered by the Board of Flood Control Appeals if the Board shall determine that no substantial effect upon the rapid discharge of storm waters causing flooding or potential flooding to land not controlled by the applicant and no substantial danger of flood damage to any structures controlled by the applicant or others shall result from the modification.
(2) Provided further, that if permission from any other state or city agency, including the State Department of Natural Resources, shall be required by other law, then prior to application to the Board of Flood Control Appeals the applicant shall first obtain the approval of that state or city agency.
(B) (1) 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 Flood Insurance Study - City of Burton, dated February 1980, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps. The boundaries of the regulatory floodway shall coincide with the floodway boundaries indicated on the Flood Boundary and Floodway Map. The study and accompanying maps are incorporated by reference as a portion of this ordinance.
(2) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FLOOD HAZARD AREA. The flood hazard area zone.
FLOODWAY. The designated regulatory floodway.
(3) Where there are disputes as to the location of a flood hazard area zone boundary, the Board of Flood Control Appeals shall resolve the dispute.
(C) (1) In addition to other requirements of this ordinance applicable to development in the underlying zoning district, compliance with the requirements of this section shall be necessary for all development occurring within the flood hazard area zone. Conflicts between the requirements of this section and other requirements of this ordinance or any other ordinance shall be resolved in favor of this section, except where the conflicting requirement is more stringent and would further the objectives of this section. In those cases the more stringent requirement shall be applied.
(2) This section shall also apply to floodplains designated on other engineering studies of the city which are not included within the above-described study.