(A) Zoning compliance permit required. Development, including the erection of structures, within a flood hazard area shall not occur except upon issuance of a zoning compliance permit in accord with the requirements of the zoning chapter and the following standards.
(1) The requirements of the underlying zoning district and applicable provisions of this chapter must be met.
(2) All necessary development permits shall have been issued by appropriate local, state and federal authorities including a floodplain permit, approval or letter of no authority from the state’s Department of Natural Resources under authority of Public Act 451 of 1994, being M.C.L.A. §§ 324.1301 et seq. Where a development permit cannot be issued prior to the issuance of a zoning compliance permit, a letter from the issuing agency indicating intent to issue contingent only upon proof of zoning compliance shall be acceptable.
(B) Development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 5.303(B). Application for a development permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(1) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 5.305(B)(2); and
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(C) Designation of the local administrator. The local administrator is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
(D) Duties and responsibilities of the local administrator. Duties of the local administrator shall include, but not be limited to, the following.
(1) Permit review.
(a) Review all development permits to determine that the permit requirements of this chapter have been satisfied.
(b) Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(2) Information to be obtained and maintained.
(a) Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(b) For all new substantially improved floodproofed structures:
1. Verify and record the actual elevation (in relation to mean sea level); and
2. Maintain the floodproofing certifications required in division (B)(3) above.
(c) Maintain for public inspection all records pertaining to the provisions of this chapter.
(3) Interpretation of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in division (E) below.
(E) Variance procedure.
(1) Appeal Board.
(a) The Zoning Board of Appeals as established by the city shall constitute the Appeal Board under this chapter and hear and decide appeals and requests for variances from the requirements of this chapter.
(b) The Appeal Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter.
(c) Those aggrieved by the decision of the Appeal Board, or any taxpayer, may appeal such decision to the appropriate court.
(d) In passing upon such applications, the Appeal Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the master plan and floodplain management program of that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
(e) Upon consideration of the factors of division (E)(1)(d) above and the purposes of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(f) The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
(2) Conditions for variances.
(a) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing divisions (E)(1)(d)1. through (E)(1)(d)11. above have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(b) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(c) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(e) Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public as identified in division (E)(1)(d) above, or conflict with existing local laws or ordinances.
(f) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Prior Code, § 5.304)
Cross-reference:
Zoning, see Chapter 50
Statutory reference:
Related provisions, see M.C.L.A. §§ 323.1301 et seq.