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(A) Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Zoning Board of Appeals for a variance. The Zoning Board of Appeals shall review the applicant’s request for a variance and shall submit its recommendations to the City Council. The City Council may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.
(B) No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:
(1) The development activity cannot be located outside the floodplain;
(2) An exceptional hardship would result if the variance were not granted;
(3) The relief requested is the minimum necessary;
(4) There will be no additional threat to public health or safety or creation of a nuisance;
(5) There will be no additional public expense for flood protection, rescue or relief operations, policing or repairs to roads, utilities or other public facilities;
(6) The applicant’s circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
(7) All other required state and federal permits have been obtained.
(C) The Zoning Board of Appeals shall notify an applicant in writing that a variance from the requirements of the building protection standards of § 157.10 of this chapter that would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage;
(2) Increase the risks to life and property; and
(3) Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing that the assumption of the risk and liability.
(D) Variances to the building protection requirements of § 157.10 of this chapter requested in connection with the reconstruction, repair or alteration of a site or building included on the National Register of Historic Places or the state’s Register of Historic Places may be granted using criteria more permissive than the requirements of § 157.12(A)(1) through (A)(5) of this chapter.
(1960 Code, § 15-1-10) (Ord. 6591, passed 11-3-2003)
The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by human-made or natural causes. This chapter does not imply that development either inside or outside of the floodplain will be free from flooding or damage. This chapter does not create liability on the part of the city or any officer or employee thereof for any flood damage that results from proper reliance on this chapter or any administrative decision made lawfully thereunder.
(1960 Code, § 15-1-11) (Ord. 6591, passed 11-3-2003)
This chapter repeals and replaces other ordinances adopted by the City Council to fulfill the requirements of the National Flood Insurance Program including: Ord. 6262 (1-17-2001). However, this chapter does not repeal the original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this chapter repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where this chapter and other ordinance easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(1960 Code, § 15-1-13) (Ord. 6591, passed 11-3-2003)
(A) The Zoning Administrator shall be responsible for the general administration of this chapter and ensure that all development activities within the floodplains under the jurisdiction of the city meet the requirements of this chapter.
(B) Specifically, the Zoning Administrator shall:
(1) Process development permits in accordance with § 157.08 of this chapter;
(2) Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of § 157.09 of this chapter;
(3) Ensure that the building protection requirements for all buildings subject to § 157.10 of this chapter are met and maintain a record of the “as-built” elevation of the lowest floor (including basement) or flood-proof certificate;
(4) Assure that all subdivisions and annexations meet the requirements of § 157.11 of this chapter;
(5) Ensure that water supply and waste disposal systems meet the Public Health standards of § 157.12 of this chapter;
(6) If a variance is requested, ensure that the requirements of § 157.04 of this chapter are met and maintain documentation of any variances granted;
(7) Inspect all development projects and take any and all actions outlined in § 157.99 of this chapter as necessary to ensure compliance with this chapter;
(8) Assure that applicants are aware of and obtain any and all other required local, state and federal permits;
(9) Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a watercourse;
(10) Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;
(11) Cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this chapter;
(12) Maintain for public inspection base flood data, floodplain maps, copies of state and federal permits and documentation of compliance for development activities subject to this chapter;
(13) Perform site inspections to ensure compliance with this chapter and make substantial damage determinations for structures within the floodplain; and
(14) Maintain the accuracy of floodplain maps including notifying IDNR/OWR and/or submitting information to FEMA within six months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map.
(1960 Code, § 15-1-4) (Ord. 6591, passed 11-3-2003)
(A) No person, firm, corporation or governmental body not exempted by law shall commence any development in the floodplain without first obtaining a development permit from the Zoning Administrator. The Zoning Administrator shall not issue a development permit if the proposed development does not meet the requirements of this chapter.
(B) The application for development permit shall be accompanied by:
(1) Drawings of the site, drawn to scale showing property line dimensions;
(2) Existing grade elevations and all changes in grade resulting from excavation or filling;
(3) The location and dimensions of all buildings and additions to buildings;
(4) The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of § 157.10 of this chapter; and
(5) Cost of project or improvements as estimated by a licensed engineer or architect. A signed estimate by a contractor may also meet this requirement.
(C) Upon receipt of an application for a development permit, the Zoning Administrator shall compare the elevation of the site to the base flood elevation. Any development located on land that can be shown by survey data to be higher than the current base flood elevation and which has not been filled after the date of the site’s first Flood Insurance Rate Map is not in the floodplain and therefore not subject to the requirements of this chapter. Conversely, any development located on land shown to be below the base flood elevation and hydraulically connected, but not shown on the current Flood Insurance Rate Map is subject to the provisions of this chapter. The Zoning Administrator shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site’s first Flood Insurance Rate Map identification.
(1960 Code, § 15-1-5) (Ord. 6591, passed 11-3-2003)
Within the floodway identified on the county-wide Flood Insurance Rate Map, and within all other floodplains where a floodway has not been delineated, the following standards shall apply.
(A) Except as provided in division (B) below, no development shall be allowed which, acting in combination with existing and anticipated development, will cause any increase in the flood heights or velocities or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement:
(1) Barge fleeting facilities meeting the conditions of IDNR/OWR Statewide Permit No. 3;
(2) Aerial utility crossings meeting the conditions of IDNR/OWR Statewide Permit No. 4;
(3) Minor boat docks meeting the conditions of IDNR/OWR Statewide Permit No. 5;
(4) Minor, non-obstructive activities meeting the conditions of IDNR/OWR Statewide Permit No. 6;
(5) Outfall structures and drainage ditch outlets meeting the conditions of Statewide Permit No. 7;
(6) Underground pipeline and utility crossings meeting the conditions of IDNR/OWR Statewide Permit No. 8;
(7) Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit No. 9;
(8) Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR Statewide Permit No. 10;
(9) Minor maintenance dredging activities meeting the conditions of IDNR/OWR Statewide Permit No. 11;
(10) Bridge and culvert replacement structures and bridge widenings meeting the conditions of IDNR/OWR Statewide Permit No. 12;
(11) Temporary construction activities meeting the conditions of IDNR/OWR Statewide Permit No. 13; and
(12) Any development determined by IDNR/OWR to be located entirely in a flood fringe area.
(B) Other development activities not listed in division (A) above may be permitted only if:
(1) A permit has been issued for the work by IDNR/OWR (or written documentation is provided that an IDNR/OWR permit is not required); and
(2) Sufficient data has been provided to FEMA when necessary, and approval obtained from FEMA for a revision of the regulatory map and base flood elevation.
(1960 Code, § 15-1-6) (Ord. 6591, passed 11-3-2003)
(A) In addition to the damage prevention requirements of § 157.09 of this chapter, all buildings to be located in the floodplain shall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations:
(1) Construction or placement of a new building valued at more than $1,000 or 70 square feet;
(2) Substantial improvements made to an existing building. This alteration shall be figured cumulatively beginning with any alteration which has taken place subsequent to the adoption of this chapter;
(3) Repairs made to a substantially damaged building. These repairs shall be figured cumulatively beginning with any repairs which have taken place subsequent to the adoption of this chapter;
(4) Structural alterations made to an existing building that increase the floor area by more than 20%;
(5) Installing a manufactured home on a new site or a new manufactured home on an existing site (the building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage);
(6) Installing a travel trailer or recreational vehicle on a site for more than 180 days per year; and
(7) Repetitive loss to an existing building, as defined in § 157.02 of this chapter.
(B) Residential or non-residential buildings can meet the building protection requirements by one of the following methods:
(1) The building may be constructed on permanent landfill in accordance with the following:
(a) The lowest floor (including basement) shall be at or above the flood protection elevation;
(b) The fill shall be placed in layers no greater than six inches before compaction and should extend at least ten feet beyond the foundation before sloping below the flood protection elevation;
(c) The fill shall be protected against erosion and scour during flooding by vegetative cover, rip rap or other structural measure;
(d) The fill shall be composed or rock or soil and not incorporate debris or refuse materials; and
(e) The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties and, when necessary, storm water management techniques such as swales or basins shall be incorporated.
(2) The building may be elevated in accordance with the following:
(a) The building or improvements shall be elevated on stilts, piles, walls or other foundation that is permanently open to flood waters;
(b) The lowest floor and all electrical, heating, ventilating, plumbing and air conditioning equipment and utility meters shall be located at or above the flood protection elevation;
(c) If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of flood waters. Designs must either be certified by a registered professional engineer or by having a minimum of one permanent opening on each wall no more than one foot above grade. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation;
(d) The foundation and supporting members shall be anchored, designed and certified so as to minimize exposure to hydrodynamic forces such as current, waves, ice and floating debris;
(e) The finished interior grade shall not be less than the finished exterior grade;
(f) All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage;
(g) Water and sewer pipes, electrical and telephone lines, submersible pumps and other service facilities may be located below the flood protection elevation; provided, they are water-proofed; and
(h) The area below the flood protection elevation shall be used solely for parking or building access and not later modified or occupied as habitable space.
(C) Manufactured homes, or travel trailers to be permanently installed on a site, shall be:
(1) Elevated to or above the flood protection elevation; and
(2) Anchored to resist flotation, collapse or lateral movement by being tied down in accordance with the rules and regulations for the state’s Mobile Home Tie-Down Act issued pursuant to 210 ILCS 120/1 et seq.
(D) Travel trailers and recreational vehicles on site for more than 180 days shall meet the elevation requirements of division (C) above unless the following conditions are met.
(1) The vehicle must be either self-propelled or towable by a light-duty truck. The hitch must remain on the vehicle at all times.
(2) The vehicle must not be attached to external structures such as decks and porches.
(3) The vehicle must be designed solely for recreation, camping, travel or seasonal use rather than as a permanent dwelling.
(4) The vehicles largest horizontal projections must be no longer than 400 square feet.
(5) The vehicle’s wheels must remain on axles and inflated.
(6) Air-conditioning units must be attached to the frame so as to be safe for movement out of the floodplain.
(7) Propane tanks, electrical and sewage connections must be quick-disconnect and above the 100-year flood elevation.
(8) The vehicle must be licensed and titled as a recreational vehicle or park model.
(9) The vehicle must be either entirely supported by jacks rather than blocks or have a hitch jack permanently mounted, have the tires touching the ground, and be supported by blocks in a manner that will allow the blocks to be easily removed by use of the hitch jack.
(E) Non-residential buildings may be structurally dry flood-proofed (in lieu of elevation); provided, a registered professional engineer or architect certifies that:
(1) Below the flood protection elevation the structure and attendant utility facilities are water- tight and capable of resisting the effects of the base flood;
(2) The building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy and the impact from debris and ice; and
(3) Flood-proofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity. Levees, berms, floodwalls and similar works are not considered flood-proofing for the purpose of this section.
(F) Garages or sheds constructed ancillary to a residential use may be permitted, provided the following conditions are met.
(1) The garage or shed must be non-habitable.
(2) The garage or shed must be used only for the storage of vehicles and tools and cannot be modified later into another use.
(3) The garage or shed must be located outside of the floodway.
(4) The garage or shed must be on a single-family lot and be accessory to an existing principal structure on the same lot.
(5) Below the base flood elevation, the garage or shed must be built of materials not susceptible to flood damage.
(6) All utilities, plumbing, heating, air conditioning and electrical must be elevated above the flood protection elevation.
(7) The garage or shed must have at least one permanent opening on each wall no more than one foot above grade with one square inch of opening for every one square foot of floor area.
(8) The garage or shed must be less than $7,500 in market value or replacement cost whichever is greater or less than 500 square feet.
(9) The structure shall be anchored to resist flotation and overturning.
(10) All flammable or toxic materials (gasoline, paint, insecticides, fertilizers and the like) shall be stored above the flood protection elevation.
(11) The lowest floor elevation should be documented and the owner advised of the flood insurance implications.
(G) A building may be constructed with a crawlspace located below the flood protection elevation; provided that, the following conditions are met.
(1) The building must be designed and adequately anchored to resist flotation, collapse and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of flood waters. A minimum of one opening on each wall having a total net area of not less than one square inch per one square foot of enclosed area. The openings shall be no more than one foot above grade.
(3) The interior grade of the crawlspace below the flood protection elevation must not be more than two feet below the lowest adjacent exterior grade.
(4) The interior height of the crawlspace measured from the interior grade of the crawl to the top of the foundation wall must not exceed four feet at any point.
(5) An adequate drainage system must be installed to remove flood waters from the interior area of the crawlspace within a reasonable period of time after a flood event.
(6) Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage.
(7) Utility systems within the crawlspace must be elevated above the flood protection elevation.
(1960 Code, §15-1-7) (Ord. 6591, passed 11-3-2003; Ord. 8253-2018, passed 10-1-2018)
(A) The City Council shall take into account flood hazards, to the extent that they are known, in all official actions related to land management, use and development.
(B) New subdivisions, manufactured home parks, annexation agreements, planned unit developments and additions to manufactured home parks and subdivisions shall meet the damage prevention and building protection standards of §§ 157.09 and 157.10 of this chapter. Any proposal for such development shall include the following data:
(1) The base flood elevation and the boundary of the floodplain (where the base flood elevation is not available from an existing study, the applicant shall be responsible for calculating the base flood elevation);
(2) The boundary of the floodway when applicable; and
(3) A signed statement by a registered professional engineer that the proposed plat or plan accounts for changes in the drainage of surface waters in accordance with the state’s Plat Act (765 ILCS 205/2).
(1960 Code, § 15-1-8) (Ord. 6591, passed 11-3-2003)
(1) No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a flood-proofed and anchored storage tank and certified by a professional engineer or flood-proofed building constructed according to the requirements of § 157.10 of this chapter.
(2) Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage.
(3) Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
(4) New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other above ground openings located below the flood protection elevation shall be water-tight.
(5) Critical facilities shall be protected to the 500-year flood elevation. In addition, all ingress and egress from any critical facility must be protected to the 500-year flood elevation.
(B) All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.
(1960 Code, § 15-1-9) (Ord. 6591, passed 11-3-2003)
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