§ 1440.12 FLOODWAY PROTECTION STANDARDS.

   (a)   New construction , substantial improvements and all other development , including fill, shall be prohibited within zones numbered A1-30 on the FIRM, except where it is demonstrated to the Zoning Administrator that the cumulative effect of the proposed development , when combined with all other existing and anticipated development , will not harmfully increase the water surface elevation of a base flood . In determining whether a harmful increase will occur, compliance with Public Act 451 of 1994, the Natural Resources and Environmental Protection Act, being M.C.L.A. §§ 324.101 to 324.90106, as amended, shall be required, provided that the allowable increase shall not exceed one foot. The provisions of this section shall not apply within the regulatory floodway . The provisions of division (b) below shall be applied to land situated within the regulatory floodway .

   (b)   All development occurring within the regulatory floodway  shall comply with the following standards.

      (1)   Encroachments, including fill, new construction , substantial improvements and other development , shall be prohibited.

      (2)   The placement of premanufactured units shall be prohibited, except in mobile home parks and subdivisions which exist at the time this chapter is adopted.

      (3)   Development or new construction , in the regulatory floodway , which may be permitted under the variance provisions of this chapter, shall also meet the applicable requirements of §§ 1440.05 through 1440.10.

   (c)   The uses of land permitted in an underlying zoning district shall not be construed as being permitted within the regulatory floodway , except upon compliance with the provisions of this chapter.

(Ord. 220, passed 2-13-1991)