(a) No use of property shall be allowed without documented proof that the conditions required of FEMA for obtaining insurance are met; or written indication from the Michigan Department of Environmental Quality (MDEQ) that compliance is unnecessary. These requirements shall apply to all property, any portion of which is indicated as being within the designated floodplain areas. It shall be the responsibility of the property owner to determine the location of the floodplain in accordance with the site plan review procedures provided for in this Zoning Code, and that the floodplain does not encroach upon the limits of the parcel in question. For their own interest and protection, property owners are encouraged to obtain a written determination from the MDEQ when it is apparent from the Zoning Map that their property is within or directly adjacent to the designated area. No zoning or building permit will be issued until compliance with this section has been documented.
(b) In reviewing an application and the standards for approval of a special land use permitted under this section, the Planning Commission shall consider the following factors before rendering a decision on the request for approval:
(1) Any possible danger to life and property due to increased flood heights or velocities caused by encroachments on the floodplain.
(2) The danger that materials may be swept onto other lands or downstream to the injury of others.
(3) The susceptibility of the proposed development 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 development to the community.
(5) The requirement of the proposed development for a waterfront location.
(6) The availability of alternative locations for the proposed use that are not subject to flooding.
(7) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(8) The relationship of the proposed use to the City's master plan and floodplain management program for the area.
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10) The expected height, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
(11) The location, elevation, and construction of all public utilities and facilities for sewer, gas, electrical, and water systems designed relative to minimizing or eliminating flood damage.
(12) The measures taken to assure adequate drainage so as to reduce exposure to flood hazards.
(13) Such other factors that are, in the opinion of the Planning Commission, relevant to the purposes of this district.
(14) If, in the opinion of the Planning Commission, topographic data, engineering studies, or other studies are needed to determine the effects of flooding on a proposed use and/or the effects of the use on the floodway, the Planning Commission may require the applicant to submit such data and/or studies prepared by competent engineers or other technical people.
(c) To the extent not otherwise provided pursuant to the site plan requirements under this chapter, the Planning Commission shall require, as applicable, submission of the following materials:
(1) Plans drawn to a scale of one inch equals 100 feet; the nature, location, dimensions, and elevation of the lot; existing or proposed structures; fill; storage of materials; and the relationship of the above to the location of the channel floodway and regulatory flood protection level.
(2) A plan (surface view) showing elevations or contours of the ground at five-foot intervals; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing buildings on the site; location and elevations of streets; photographs or maps showing existing land uses and vegetation; upstream and downstream soil types; and other pertinent information that may be required by the Planning Commission.
(d) The Planning Commission may impose reasonable conditions, including, without limitation, limitations on the period of use and operation; imposition of operational controls, sureties, deed restrictions, and covenants; and requirements for construction of channel modifications, dikes, levees, and other protective measures.
(Ord. 52. Passed 6-16-97.)