(a) Purpose.
(1) It is the purpose of this section to significantly reduce hazards to persons and damage to property as a result of flood conditions in the City, and to comply with the provisions and requirements of the National Flood Insurance Program, as constituted in accordance with the National Flood Insurance Act of 1968, as amended, and subsequent enactments, and the rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency, as published in the Federal Register, Vol. 41, No. 207, Tuesday, October 26, 1976, and re-designated as 44 CFR 31177, May 31, 1979.
(2) Further, the objectives of this section include:
A. The protection of human life, health, and property from the dangerous and damaging effects of flood conditions;
B. The minimization of public expenditures for flood control projects, rescue and relief efforts in the aftermath of flooding, repair of flood damaged public facilities and utilities, and the redevelopment of flood damaged homes, neighborhoods and commercial and industrial areas;
C. The prevention of private and public economic loss and social disruption as a result of flood conditions;
D. The maintenance of stable development patterns not subject to the blighting influence of flood damage;
E. To ensure that the public has access to information indicating the location of land areas subject to periodic flooding; and
F. To preserve the ability of floodplains to carry and discharge a base flood.
(b) Delineation of Flood Hazard Area Overlay Zone.
(1) The flood hazard area overlay zone shall overlay existing zoning districts delineated on the official Zoning Map of the City of Lincoln Park. The boundaries of the flood hazard area overlay zone shall coincide with the boundaries of the areas indicated as within the limits of the one-hundred (100)-year flood area in the report entitled “The Flood Insurance Study, City of Lincoln Park, Wayne County, Michigan,” with accompanying flood insurance rate maps. The study and accompanying maps are adopted by reference, appended, and declared to be a part of this section.
(2) Where there are disputes as to the location of a flood hazard area overlay zone boundary, the Zoning Board of Appeals shall resolve the dispute in accordance with the provisions of this Zoning Code.
(3) In addition to other requirements of this section applicable to development in the underlying zoning districts, compliance with the requirements of this section shall be necessary for all development occurring within the flood hazard area overlay zone. Conflicts between the requirements of this section, other requirements of this Zoning Code, 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 to a greater extent than the requirements of this section. In such cases, the more stringent requirement shall be applied.
(c) Use and Principal Structure Regulations. Within the flood hazard area overlay zone, no land shall be used except for one (1) or more of the following uses:
(1) Parks, picnic areas, playgrounds, playfields, athletic fields, golf courses, other outdoor recreational uses, nature paths, and trails.
(2) Wildlife preserves.
(3) Fishing, trapping, and hunting in compliance with current laws and regulations.
(4) Historic sites and structures.
(5) Fishing and boating docks in accordance with the provisions of the Inland Lakes and Streams Act of 1972, as amended.
(6) Landscaping, screening, and required open space or lot area for structural uses that are landward of the overlay zone.
(d) Accessory Buildings, Structures and Uses.
(1) Within the flood hazard area overlay zone, no building or structure shall be used except for one (1) or more of the following uses and only in a manner consistent with the requirements of principal uses and accessory buildings, structures and uses in the underlying district, and with those that follow.
(2) The following accessory buildings, structures and uses are permitted: off-street parking, streets, roads, and bridges; outdoor play equipment, sheds and garages; boathouses, boat hoists, utility lines, and pumphouses; bleachers; bank protection structures; signs; fences; gazebos; and similar outdoor equipment and appurtenances, provided each of the following requirements are met:
A. The building or structure would not cause an increase in water surface elevation, obstruct flow, or reduce the impoundment capacity of the floodplain.
B. All equipment, buildings and structures shall be anchored to prevent flotation and lateral movement.
C. Compliance with these requirements is certified by an engineering finding by a registered engineer.
(e) Filling and Dumping. Dredging and filling and/or dumping or backfilling with any material in any manner is prohibited unless through compensating excavation and shaping of the floodplain, the flow and impoundment capacity of the floodplain will be maintained or improved, and unless all applicable Federal, State, and City regulations are met, including, but not limited to, approvals pursuant to Act 245 of the Public Acts of 1929, as amended by Act 167 of the Public Acts of 1968; Act 347 of the Public Acts of 1972, as amended; Act 346 of the Public Acts of 1972, as amended; and Act 203 of the Public Acts of 1979, as amended.
(f) General Standards for Flood Hazard Reduction.
(1) No building or structure shall be erected, converted, or substantially improved or placed, and no land filled or building or structure used in a flood hazard area overlay zone unless a building permit, or a variance from the Zoning Board of Appeals, is obtained, which approval shall not be granted until a permit from the Michigan Department of Natural Resources or the Michigan Department of Environmental Quality under authority of Act 245 of the Public Acts of 1929, as amended by Act 167 of the Public Acts of 1968, has been obtained.
(2) All public utilities and facilities shall be designed, constructed, and located to minimize or eliminate flood damage.
(3) Site plans shall be reviewed in accordance with Section 1296.01, Site Plan Review, to determine compliance with the standards of this Zoning Code.
(4) Land shall not be divided in a manner creating parcels or lots which cannot be used in conformance with the requirements of this Zoning Code.
(5) The flood-carrying capacity of any altered or relocated watercourse not subject to State or Federal regulations designed to ensure flood-carrying capacity shall be maintained.
(6) Available flood hazard data from Federal, State, or other sources shall be reasonably utilized in meeting the standards of this section. Data furnished by the Federal Insurance Administration shall take precedence over data from other sources.
(g) Disclaimer of Liability.
(1) 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. Approval of the use of land under this section shall not be considered a guarantee or warranty of safety from flood damage.
(2) This section does not imply that areas outside the flood hazard area overlay zone will be free from flood damage. This section does not create liability on the part of the City or any officer or employee thereof for any flood damage that results from reliance on this section or any administrative decision lawfully made hereunder.
(h) Floodplain Management Administrative Duties.
(1) With regard to the National Flood Insurance Program, and the regulation of development within the flood hazard area overlay zone as prescribed in this section, the duties of the Building Superintendent and/or the Community Improvement Director shall include, but are not limited to:
A. Notification to adjacent communities and the Michigan Department of Natural Resources or the Michigan Department of Environmental Quality of the proposed alteration or relocation of any watercourse, and the submission of such notifications to the Federal Insurance Administration; and
B. Recording of written notification to all applicants to whom variances are granted in a flood hazard area overlay zone indicating the terms of the variance, the potential increased danger to life and property, and that the cost of flood insurance will increase commensurate with the increased flood risk. A record of all variance notifications and variance actions shall be maintained, together with the justification for each variance.
(2) All records and maps pertaining to the National Flood Insurance Program shall be maintained in the office of the Building Superintendent and/or the Community Improvement Director and shall be open for public inspection.
(3) It shall be the responsibility of the Building Superintendent and/or the Community Improvement Director to obtain and utilize the best available flood hazard data for purposes of administering this section in the absence of data from the Federal Insurance Administration.
(i) Flood Hazard Area Overlay Zone Mapping Disputes.
(1) Where disputes arise as to the location of the flood hazard area boundary or the limits of the floodway, the Zoning Board of Appeals shall resolve the dispute and establish the boundary location. In all cases, the decision of the Zoning Board of Appeals shall be based upon the most current floodplain studies issued by the Federal Insurance Administration. Where Federal Insurance Administration information is not available, the best available floodplain information should be utilized.
(2) Where a dispute involves an allegation that the boundary is incorrect as mapped and Federal Insurance Administration floodplain studies are being questioned, the Zoning Board of Appeals shall modify the boundary of the flood hazard area or the floodway only upon receipt of an official letter of map amendment issued by the Federal Insurance Administration.
(3) All parties to a map dispute may submit technical evidence to the Zoning Board of Appeals.
(j) Flood Hazard Area Overlay Zone Variances.
(1) Variances from the provisions of this section shall only be granted by the Zoning Board of Appeals upon a determination of compliance with the general standards for variances contained in this section and each of the following specific standards:
A. A variance shall be granted only 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 a harmful increase in flood heights, additional threats to public safety or extraordinary public expense, or create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
B. The variance granted shall be the minimum necessary, considering the flood hazard, to afford relief to the applicant.
(2) The Zoning Board of Appeals may attach conditions to the granting of a variance to ensure compliance with the standards contained in this section.
(3) Variances may be granted for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the Michigan Register of Historic Sites, or any other state register of historic places without regard to the requirements of this section governing variances in flood hazard areas.
(Res. 98-340A. Passed 9-21-98.)