[1]
Editor's Note: The title of this article was changed from
"FP-1 Floodplain District" to "FP-1 Floodplain District and NCD Nature
Conservation District" on 10-16-2013 by Ord. No. 207.
As the density of the population in the community increases
and the urban area expands, the importance of preserving drainage
basins and area around drainage streams for their intended purpose
becomes acutely obvious. When the land is developed, a greatly increased
amount of water runoff results from the replacement of open land with
streets and buildings. The purpose of this zoning district is to preserve
drainage basins in the community and to prevent building in areas
subject to flooding and upon land which exhibits unstable soil characteristics.
[Amended 2-19-2008 by Ord. No. 175]
B.
The following minimum regulations shall apply in all zones designated
on the flood insurance rate map for the City of New Buffalo, Michigan,
dated December 4, 1979 hereinafter referred to as FIRM and the Official
Zoning Map of the City of New Buffalo.
1.
Require permits for all proposed development in any area of special
flood hazard. The term "development" is defined as "any man-made change
to improved or unimproved real estate, including but not limited to
building or other similar type structures."
2.
Review permits for proposed development to assure that all other
necessary permits have been received from those governmental agencies
from which approval is required by Federal or State law.
3.
Require that new construction (including prefabricated buildings
and mobile homes) and substantial improvements be anchored to prevent
flotation and lateral movement, and be constructed with flood resistant
materials and methods.
4.
Assure that subdivision proposals and proposals for other developments,
including their utilities and drainage, are located and designed to
be consistent with the need to minimize flood damage.
5.
Require that all subdivision proposals and other proposed development
greater than 50 lots or five acres, whichever is less, include base
flood elevation data.
6.
Require new water and sewer systems (including on-site systems) be
located and designed to avoid impairment.
7.
Obtain and maintain records of flood elevation and flood proofing
levels for all new or substantially improved structures, and whether
or not such structures contain a basement.
8.
In ravine situations, notify adjacent communities and State Coordination
Office prior to any alteration or relocation of a watercourse and
submit copies of such notification to FIA. Within the altered or relocated
portion of any watercourse, assure that the flood carrying capacity
is maintained.
C.
The following minimum requirements apply in specific zones designated
on the FIRM:
1.
In unnumbered A zones, obtain, review and reasonably utilize base
flood elevation data from alternative sources, prior to its being
provided by FIA through its Flood Insurance Rate Study, as criteria
for requiring that all new residential structures and substantial
improvements to existing structures have their lowest floor (including
basement) elevated or flood proofed to or above the base flood level.
2.
In Zones A1-30, for new construction and substantial improvements,
require that:
a.
Residential structures have the lowest floor (including basement)
elevated to or above the base flood level, unless the community is
granted an exception for all the allowance of basements and/or storm
cellars by the FIA.
b.
Nonresidential structures have the lowest floor (including basement)
elevated to or above the base flood level, or be flood proofed to
or above that level.
3.
In Zone AO, for new construction and substantial improvements, require
that:
a.
Residential structures have the lowest floor (including basement)
elevated above the crown of the nearest street to or above the depth
number specified on the communities FIRM.
b.
Nonresidential structures have the lowest floor (including basement)
elevated above the crown of the nearest street to or above the depth
number specified on the community's FIRM, or be flood proofed to or
above that level.
4.
In Zones A1-30 and AO where floodproofing is used in lieu of elevation,
require that a registered engineer or architect certify that the floodproofing
methods used are adequate to withstand the forces associated with
the base flood and submit such certification to the community, or
submit to the FIA for approval, local regulations containing detailed
floodproofing specification which meet the watertight performance
standards.
5.
In Zones A1-30, for new, substantially improved or expanded mobile
home parks or subdivisions, require that stands or lots are elevated
to or above the base flood level, that adequate accesses and drainage
is provided, and if pilings are used for elevation, that the construction
standards for elevation on pilings are met and anchored in accordance
with Federal Regulations (Sec. 1919-B9).
6.
Adopt a regulatory floodway and assure that it is designed to carry
the waters of the flood without increasing the base flood level more
than one foot at any point.
7.
In the regulatory floodway prohibit development or encroachments
(including fill) which would result in any increase in flood levels
during the base flood discharge.
8.
In the regulatory floodway prohibit the placement of mobile homes.
[Added 10-16-2013 by Ord.
No. 207]
A.
Intended purpose. The intended purpose of the Nature Conservation
District (NCD) is to protect from development conservation easements,
conservation properties, and municipal parks that are designated as
nature preserves. It is the intention of this section that water trails,
nature trails, boardwalks, observation decks and other similar non-motorized
transportation infrastructure are permitted in such areas.
B.
Use regulations. The following are permitted, so long as the use
does not require the erection of an enclosed structure intended for
year-round habitation:
