1294.19  FLOOD PLAIN REGULATIONS.
   (a)   Purpose.  The purpose of the regulations set forth in this section is to protect those areas of the Village which are subject to predictable flooding in the flood plain areas of the major rivers, their branches and tributaries within the Village, so that the reservoir capacity shall not be reduced, thereby creating danger to areas previously not so endangered in time of high water, impeding, retarding, accelerating or changing the direction of the flow or carrying capacity of the river valley, or otherwise increasing the possibility of flood.  All land included in the flood plain area shall be subject to the requirements specified herein, in addition to the normal zoning district requirements in which said land shall be located.
(Ord. 89.  Passed 4-10-72.)
   (b)   Delineation of the Flood Plain Area.
      (1)   The flood plain area shall overlay existing zoning districts delineated on the official Village of Dimondale Zoning Map.  The boundaries of the flood plain area shall coincide with the boundaries of the areas indicated as within the limits of the 100-year flood in the Flood Insurance Rate Maps referenced in subsection (h) hereof.
      (2)   In addition to other requirements of this Zoning Code 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 plain area.
(Ord. Unno.  Passed 9-8-80.)
   (c)   Permitted Principal Uses.  Notwithstanding any other provisions of this Zoning Code, no building or structure shall be erected, converted or structurally altered and no land and/or structure shall be used, except for one or more of the following uses:
      (1)   Open space uses, such as farms, truck gardens, nurseries, parks, playgrounds, golf courses, preserves, bridle trails, nature paths, private or commercial recreation, and other similar open uses.
      (2)   Off-street parking uses, provided that all parking shall be at grade level and in conformance with the provisions of Chapter 1288.
      (3)   Utilities, roads, railroads, dams, rivers, structures and buildings for public or recreational uses, when designed so as not to increase the possibility of flood or be otherwise detrimental to the public health, safety and welfare.
      (4)   Yard and setback areas required for any district may be included within the flood plain areas.
(Ord. 89.  Passed 4-10-72.)
   (d)   Uses Permitted by Special Use Permit.  The following uses of land and structures may be permitted by the application for and the issuance of a special use permit with specified procedures and requirements, subject to presentment by the applicant of certification by a registered engineer that the requirements of this section are met and further subject to presentment of all required State and Federal permits:
      (1)   Dumping or backfilling in the flood plain areas with any material in any manner, provided the flow and natural impoundment capacity of the flood plain will be maintained or improved so that no significant or measurable change in flow or reduction in impoundment capacity of the flood plain would thereby result, and provided further that said dumping or backfilling is in compliance with Act 245 of the Public Acts of 1929, as amended by Act 167 of the Public Acts of 1968, as certified by the Michigan Department of Natural Resources.
      (2)   Facilities for the storage of materials or equipment, provided such elements shall not cause any significant obstruction to the flow or reduction in the water impoundment capacity of the flood plain, and also provided that such development is in compliance with Act 245 of the Public Acts of 1929, as amended by Act 167 of the Public Acts of 1968, as certified by the Michigan Department of Natural Resources.
(Ord. Unno.  Passed 9-8-80.)
   (e)   Restricted Uses.  Any structure where human habitation is contemplated, either as a place of residence, or employment, shall be prohibited from locating within flood plain areas.
   (f)   Data Submission.  Prior to the issuance of a special use permit or a building permit, the Zoning Administrator or designated Eaton County officer shall require the applicant for such permit to submit any topographic data, engineering studies, proposed site plan or other similar data that is needed to determine the possible effects of flooding on a proposed structure and/or the effect of the structure on the flow of water.  All such required data shall be prepared by technically qualified professionals.
(Ord. Unno.  Passed 9-13-76.)
   (g)   Construction Standards.  This section acknowledges that the Eaton County, Department of Construction Codes is the enforcing agency that will discharge the responsibilities of, and will designate regulated flood hazard areas under the provisions of the State Construction Act, PA230 of 1972, as amended, being the Stille-Derossett-Hale Single State Construction Code Act, within the corporate boundaries of the Village of Dimondale, Eaton County.
      (1)   Pursuant to the provisions of the State Construction Code, in accordance with Section 8b(5) of PA230 of 1972, as amended, the Director of the Department of Construction Codes for Eaton County is hereby acknowledged as the Enforcing Officer to discharge the responsibilities of the Flood Plain Management Provisions of the Michigan Building Code by adoption of this section.
      (2)   Pursuant to the provisions of the State Construction Code, Appendix G of the Michigan Building Code has been adopted by, and will be enforced by, the Eaton County, Department of Construction Codes within the boundaries of the Village of Dimondale.
      (3)   Assurance has been provided to the Village of Dimondale and the Federal Insurance Administrator by the Eaton County Board of Commissioners, that it intends to review all amended and revised Flood Hazard Boundary Maps and Flood Insurance Rate Maps and related supporting data and revisions thereof and revisions of 44 CFR, Part 60, criteria for Land Management Regulations as may be necessary to assure compliant participation in the program.
   (h)   Designation of Regulated Flood Prone Hazard Areas. The Federal Emergency Management Agency Flood Insurance Study Entitled Eaton County, Michigan (All Jurisdictions) and dated November 26, 2010 and the Flood Insurance Rate Maps 26045C: 0217E, 0218E and 0219E, dated November 26, 2010 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.
   (i)   Disclaimer of Liability. The degree of flood protection required by this section 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. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Village of Dimondale, Eaton County, any officer thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made under it.
   (j)   Penalties. No development, structure or land use shall be constructed, located, extended, converted or altered by any person within areas of special flood hazard without full compliance with the terms of this chapter and other applicable regulations. Violation of any provisions of this chapter shall constitute a civil infraction and shall constitute a nuisance per se.
   (k)   Appeals.
      (1)   The Board of Appeals shall hear and decide appeals and requests for variances from this chapter that relate to zoning and the conditions established herein under the authority of the Village, per the process and requirements defined in Chapter 1264 of this Code. In evaluating an application for a variance, the Board of Appeals shall consider all technical evaluations and relevant factors and the applicant shall provide any information necessary for such consideration.
      Variances shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or conflict with existing laws or ordinances.
      (2)   The Eaton County Building Board of Appeals shall hear and decide appeals and requests for variances that relate to the State Construction Code as it pertains to this chapter.
   (l)   Precedence.  The provisions of this chapter shall, if there is a conflict with other provisions of the Zoning Code, take precedence and supercede such other provisions so as to give this section full force and effect.
   (m)   Severability.  The various parts, sections and clauses of this section are hereby declared to be severable.  Should any part, clause, sentence, paragraph or section of this section be found invalid or unconstitutional for any reason by any court of competent jurisdiction, any such decision shall not affect the validity of the remainder of this section.
(Ord. 2010-4.  Passed 11-23-10.)