§ 153.08 FLOODWAY PROTECTION STANDARDS.
   (A)   New construction, substantial improvements and all other developments, 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 Act No. 245 of the Public Acts of 1929, as amended by Act No. 167 of the Public Acts of 1968 being M.C.L.A. §§ 323.1 through 323.12, 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) 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. Exception to this prohibition shall only be made upon certification by a registered professional engineer or the Department of Natural Resources that the development proposed will not have a harmful increase in flood levels during a base flood discharge, and compliance with Act 245, Public Acts of 1929, as amended.
      (2)   The placement of mobile homes shall be prohibited except in mobile home parks and subdivisions which exist at the time this section is adopted.
      (3)   Development which is permitted in the regulatory floodway shall meet the requirements of §§ 153.03 through 153.06.
   (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 section.
(Ord. 6.4, passed 6-2-81; Am. Ord., passed 1-20-98)