The following conditions and requirements are established for the utilization or alteration of the special flood hazard area (SFHA) and/or wetland area. Such criteria are to be used in determining whether a special use should be granted and what conditions or performance criteria should be placed on the property should it be granted a special use permit in order to protect the public health, safety and general welfare.
A. Minimum Requirements To Be Met: No special use permit shall be granted unless the applicant demonstrates:
1. That the granting of the special use is in harmony with the general purpose and intent of section 9-24-1 of this chapter, and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the village's comprehensive plan and official map for development.
2. That the granting of the special use permit will not:
a. Diminish the value of land and buildings in its neighborhood.
b. Increase the potential for flood damages to adjacent property.
c. Incur additional public expenses for flood protection, rescue or relief.
d. Increase the hazard from other dangers to said property.
e. Otherwise impair the public health, safety, comfort, or general welfare of the inhabitants of the village, nor will it otherwise create a nuisance.
B. Additional Criteria For Evaluating Requests For Special Use Permit Issuance And Conditions: In reviewing all applications for a special use permit, the following additional criteria shall be used:
1. Protection Of Natural Floodwater Storage Areas: Natural drainage and associated flooding requiring space allocation are land use problems and to the degree practicable, the natural storage areas (floodplains and wetlands) will be allocated to those purposes, rather than for purposes of building additional manmade structures which results in increased cost to the public in construction and maintenance. Therefore, no modifications of a special flood hazard area (SFHA) and/or wetland area shall be allowed which would result in a damaging or potentially damaging increase in flood height or increase in velocity of the downstream flow of water.
New residential and nonresidential buildings or structures and additions or structural improvements to nonconforming buildings or structures proposed to be located in a special flood hazard area (SFHA) and/or wetland area shall be elevated in accordance with the following:
a. The building, structure or improvements shall be elevated on stilts, piles, walls, crawl spaces or other foundations that are permanently open to floodwaters, are not subject to damage by hydrostatic pressures, and allow water to soak into the ground underneath.
b. The foundation and supporting members shall be anchored, shaped and aligned so as to minimize exposure to known hydrodynamic forces such as current, waves and floating debris.
c. All areas below the flood protection elevation (FPE) shall be constructed of materials resistant to flood damage. The bottom of the joists of the lowest floor and all utility meters shall be located at or above the flood protection elevation (FPE).
d. No area below the flood protection elevation (FPE) shall be used for storage or materials or supplies or HVAC systems.
The cost of construction of any addition or structural improvement to any building or structure currently located within a special flood hazard area and/or wetland area, shall not exceed fifty percent (50%) of the market value of the existing building or structure, or in the case of a building or structure which has been damaged or destroyed, the cost of construction of any addition or structural improvement to any building, in combination with the cost of construction to repair the building or structure shall not exceed fifty percent (50%) of the market value of the building or structure before such damage.
The building department shall maintain a record of the "as built" elevation of the lowest floor.
2. Protection And Enhancement Of Groundwater And Surface Water Resources: Groundwater and surface water resources located in a special flood hazard area (SFHA) and/or wetland area should be protected and enhanced. Therefore, the following criteria shall be used to evaluate any proposed development or encroachment upon such special flood hazard area (SFHA) and/or wetland area:
a. No development shall be allowed which includes locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, garbage, solid wastes, ash, or hazardous or toxic materials, including, but not limited to, petroleum products, solvents and paints.
b. New and replacement water and sewer lines may be allowed, providing all manholes or other aboveground openings are located at or above the flood protection elevation (FPE). Any manhole or other aboveground opening proposed at an elevation below the flood protection elevation (FPE) shall be watertight.
c. If such system is otherwise permitted under this code, no new or replacement on site soil absorption type waste disposal system shall be permitted at an elevation below the flood protection elevation (FPE).
d. If a well is otherwise permitted under this code, such well shall be built or rebuilt so that its opening is not less than seventy five feet (75') from any property sealed according to the county department's specifications to prevent contamination of the aquifer.
3. Protection Of Significant Floodplain And Wetland Flora And Fauna: Significant floodplain and wetland flora and fauna shall be preserved and enhanced whenever possible. A special use shall not be granted where significant areas (as determined by the village board) of floodplain and/or wetland flora or fauna shall be the criteria for determination that the specific area is significant. Restoration of significant flora and fauna in disturbed areas shall be encouraged. (Ord. 2014-46, 6-3-2014; amd. Ord. 2020-56, 6-16-2020)