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Unless defined in this section, words or phrases used in this chapter shall have the meanings they have in common usage. Whenever used in this chapter, the following words and phrases shall have the following meanings:
(a) "Base flood" or "100-year flood" means the flood having one percent probability of being equaled or exceeded in any given year.
(b) "Base flood elevation" shall be as provided in Section 16-6-045.
(c) "Basement" means any area of a building having its floor subgrade (below ground level) on all sides.
(c-1) "Breakaway wall" means a wall that is not part of the structural support of a building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
(d) "Building" means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind; a gas or liquid storage tank; a manufactured home or a prefabricated building. "Building" also includes recreational vehicles to be installed on a site for more than 180 days.
(d-1) "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast, and any other area subject to high velocity wave action from storms or seismic sources. A coastal high hazard area is identified on the F.I.R.M. by the designation of Zone VE.
(e) "Development" means any man-made change to improved or unimproved real estate, including but not limited to:
(i) Constructing, reconstructing or placing a building or any addition to a building, if the work is valued at more than $1,000.00;
(ii) Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational vehicle on a site for more than 180 days;
(iii) Installing utilities, construction of roads, or similar projects;
(iv) Drilling, mining, filling, dredging, grading, excavating or other nonagricultural alterations of the ground surface;
(v) Storing materials;
(vi) Any other activity that might change the direction, height, or velocity of flood or surface waters, including filling of waters below the base flood elevation.
"Development" does not include routine maintenance of existing buildings and facilities; resurfacing roads; or gardening, plowing and similar practices that do not involve filling, grading, or construction of levees.
(f) "Elevation" means the actual elevation of a site, in the same reference datum as provided on the F.I.R.M.
(g) "F.E.M.A." means the Federal Emergency Management Agency or its successor agencies.
(h) "Flood" or "flooding" means those surface waters causing a general and temporary condition of inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of such surface waters from any source.
(h-1) "Flood fringe" means that portion of a Zone A or Zone AE floodplain that is outside of the floodway.
(i) "Flood Insurance Rate Map" or "F.I.R.M." means the most recently published map on which F.E.M.A. has delineated both the areas of special flood hazards and the risk premium zones applicable to portions of the City of Chicago. The F.I.R.M. shall be kept on file by the Commissioner of Buildings. Before adopting the most recent published version of the F.I.R.M., said Commissioner shall give a minimum of fifteen days' notice of the proposed adoption in accordance with Section 14A-1-104.4. Said notice shall state the City's intent to adopt the F.I.R.M., shall solicit public comment and provide an address to where any such comment may be sent, and shall state how a person may obtain a copy of the proposed F.I.R.M. to be adopted.
(j) "Flood Insurance Study" or "F.I.S." means a study published by F.E.M.A. containing flood profiles and other information regarding the flood risk to the city. The date of the most recent F.I.S. shall be set forth by regulation.
(k) "Floodway" means that portion of the special flood hazard area ("S.F.H.A.") required to store and convey the base flood. All floodways shall be as shown on the F.I.R.M.
(l) "Flood protection elevation" or "F.P.E." means the base flood elevation plus one foot at any given location in the S.F.H.A.
(m) "I.D.N.R./O.W.R." means the Illinois Department of Natural Resources, Office of Water Resources and its successor agencies.
(n) "Issuing department" means any department or agency of the city government responsible for reviewing an application for permits for any development, or for reviewing the adequacy of any development under the municipal code.
(n-1) "Limit of moderate wave action" or "LiMWA" means a line shown on a F.I.R.M. to indicate the inland limit of the 1.5-foot breaking wave height during the base flood.
(o) "Manufactured home" means a structure, transportable in one or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
(o-1) "Moderate wave action area" or "MoWA" is a special flood hazard area subject to the potential for breaking wave heights of greater than or equal to 1.5 feet but less than 3 feet, where the primary source of flooding is astronomical tides, storm surges, seiches, or tsunamis. A MoWA is an area within Zone AE on a F.I.R.M. that is between the inland limit of Zone VE and a LiMWA, where identified.
(p) "National Flood Insurance Program" or "N.F.I.P." means the federal program that allows property owners in certain communities to purchase federally backed flood insurance.
(q) "Permit" means any permit or license issued by the City of Chicago and required for any development.
(r) "Recreational vehicle" means a vehicle which is (1) built on a single chassis: (2) 400 square feet or less when measured at the largest horizontal projection: (3) designed to be self-propelled or permanently towable by a light-duty truck: and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
(s) "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream or brook.
(t) "Riverine S.F.H.A." means any S.F.H.A. subject to flooding from a river, creek, intermittent stream, ditch, or any other identified channel. This term does not include areas subject to flooding from lakes (except public bodies of water), ponding areas, areas of sheet flow, or other areas not subject to overbank flooding.
(u) "Site" means a zoning lot or tract of land identified in a permit application by its owner or developer as a single tract to be used, developed or built upon as a unit, under single ownership or control.
(v) "Special flood hazard area" or "S.F.H.A." means land subject to inundation by the base flood as delineated on the F.I.R.M.
(Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 7-21-21, p. 33505, § 1)
No development in the S.F.H.A. shall be commenced, continued or altered except in compliance with the terms of this chapter and all other applicable law. The requirements of this chapter shall be in addition to all other provisions of this Code applicable to the issuance of a permit.
(Added Coun. J. 6-28-91, p. 2766)
On receipt of a permit application, an issuing department shall either ensure that the application has been reviewed by the zoning administrator or determine whether the development is in the S.F.H.A. If the zoning administrator or the commissioner of the issuing department determines that the proposed site of the development may be within the S.F.H.A., he shall inscribe "Flood Hazard Area" in permanent ink on the face of the application and deliver it to the commissioner of buildings for S.F.H.A. site confirmation and establishment of the F.P.E. No permit shall be issued for the proposed development until the requirements of this chapter have been met, and no development in the S.F.H.A. shall commence until the required permits are obtained.
(Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
(a) On being advised that a permit application is subject to flood control requirements, the issuing department shall require the applicant to submit the following information, which the issuing department shall transmit to the commissioner of buildings, to the extent not included in the original application, as an additional condition to issuance of the requested permit:
(i) Design drawings of the site, drawn to scale showing the property line dimensions;
(ii) Existing grade elevations and all changes in grade resulting from excavation or filling in connection with the proposed development;
(iii) The location and dimensions of all buildings, additions to buildings and other structures to be added to the site in connection with the development;
(iv) The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of Section 16-6-060 of this chapter; and
(v) Upon request, certification by a registered professional engineer that the proposed development complies with the requirements of this chapter.
(b) Applicants filing applications for manufactured home parks, annexation agreements, planned developments, subdivisions, and additions to manufactured home parks and subdivisions, which are greater than five acres or five zoning lots, whichever is lesser, shall furnish to the commissioner of planning and development:
(i) A signed statement by a registered professional engineer that the plat or plan accounts for changes in the drainage of surface waters in accordance with the Illinois Plat Act, as amended. A copy of the statement shall be provided to the commissioner of water management for review and approval;
(ii) Base Flood Elevation Data. Where base flood elevation is not available from an existing study filed with the I.D.N.R./O.W.R., the applicant shall be responsible for calculating the base flood elevation and submitting it to the I.D.N.R./O.W.R. and to F.E.M.A. for review and approval.
(Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 10; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-8-12, p. 38872, § 240; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 26)
For purposes of this chapter, the base flood elevation shall be determined as follows:
(a) The base flood elevation for riverine floodplains shall be as delineated on the base flood profiles in the F.I.S.
(b) The base flood elevation for each floodplain delineated as an "AH Zone" or "AO Zone" shall be the elevation (or depth) specified on the F.I.R.M.
(c) The base flood elevation for each of the remaining floodplains delineated as "A Zones" on the F.I.R.M. shall be as specified on the F.I.R.M. or, if no flood elevation is specified on the F.I.R.M., the applicant shall finance an engineering study and submit the resulting study to F.E.M.A. and I.D.N.R./O.W.R. for review and approval.
(d) The base flood elevation for any floodplain delineated as a "VE Zone" shall be the highest elevation specified on the F.I.R.M. among all zones affecting the development.
(e) Where the permit applicant disagrees with the base flood elevation established pursuant to subsections (a) through (d), the permit applicant may obtain, at the permit applicant's sole expense, an engineering study and submit the resulting study to F.E.M.A. and I.D.N.R./O.W.R. for review and approval.
(Added Coun. J. 7-21-21, p. 33505, § 2)
Within the floodway, and within all other S.F.H.A.s where a floodway has not been delineated, the following standards shall apply:
(a) Except as provided in subsection (b) of this section, no development shall be allowed which, acting in combination with existing and anticipated development, will cause any increase in flood heights or velocities. The following specific development activities shall be considered as meeting this requirement:
(i) Barge fleeting facilities meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 3;
(ii) Aerial utility crossings meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 4;
(iii) Minor boat docks meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 5;
(iv) Minor, non-obstructive activities meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 6;
(v) Outfall structures and drainage ditch outlets meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 7;
(vi) Underground pipeline and utility crossings meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 8;
(vii) Bank stabilization projects meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 9;
(viii) Accessory structures and additions to existing residential buildings meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 10;
(ix) Minor maintenance dredging activities meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 11;
\ (x) Bridge and culvert replacement structures and bridge widening meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 12;
(xi) Temporary construction activities meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 13: and
(xii) Any development determined by I.D.N.R./O.W.R. to be located entirely in a flood fringe area.
(b) Other development activities not listed in subsection (a) of this section may be permitted only if:
(i) A permit has been issued for the work by I.D.N.R./O.W.R. (or written documentation is provided that an I.D.N.R./O.W.R. permit is not required); and
(ii) Sufficient data has been provided to F.E.M.A. under the map revision process and a CLOMR/LOMR has been obtained from F.E.M.A. when necessary.
(Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 7-21-21, p. 33505, § 3)
In Zone VE, all development must meet the following requirements:
(a) The use of fill for structural support of buildings is prohibited.
(b) Non-structural fill shall be permitted only if an engineering report demonstrates that the fill will not cause runup, ramping, or deflection of floodwaters that cause damage to buildings.
(c) Man-made alterations of sand dunes are prohibited unless an engineering report documents that the alterations will not increase potential flood damage by reducing the wave and flow dissipation characteristics of the sand dunes.
(d) Bulkheads, seawalls, revetments, and other erosion control structures shall not be connected to the foundation or superstructure of a building and shall be designed and constructed so as not to direct floodwaters or increase flood forces or erosion impacts on the foundation or superstructure of any building.
(Added Coun. J. 7-21-21, p. 33505, § 4)
(a) Construction or placement of a new building is valued at more than $1,000.00;
(b) Structural alterations made to an existing building increase the floor area by more than 20 percent, or the market value of the building by more than 50 percent;
(c) Reconstruction or repairs made to a damaged building are valued at or more than 50 percent of the market value (or depreciated replacement value, if no applicable market value) of the building before the damage occurred;
(d) A manufactured home is installed on a new site or a new manufactured home is installed on an existing site; this requirement does not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and
(e) The building is a recreational vehicle installed on a site for more than 180 days.
(Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 7-21-21, p. 33505, § 5)
Buildings located in Zones A, AO, AH or AE that are subject to Section 16-6-060 must meet the protection requirements described in this section.
(a) If a building is constructed on a permanent landfill:
(i) The fill shall be placed in layers no more than six inches deep before compaction and shall extend at least ten feet beyond the outside of the wall of the existing or proposed building;
(ii) The fill shall be protected against erosion and scour by vegetative cover, riprap or other structural measure;
(iii) The fill shall be homogeneous and isotropic;
(iv) The fill shall not adversely affect the flow of surface drainage from or onto the property;
(v) The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris;
(vi) All areas below the F.P.E. shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing and air conditioning equipment and utility meters shall be located at or above the F.P.E. water and sewer pipes, electrical and telephone lines, submersible pumps and other waterproofed service facilities may be located below the F.P.E.
(b) If a building is elevated:
(i) The building improvements shall be elevated on posts, piers, piles, walls, or other foundation that is permanently open to flood waters.
(ii) The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris;
(iii) All areas below the F.P.E. shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing and air conditioning equipment and utility meters shall be located at or above the F.P.E. water and sewer pipes, electrical and telephone lines, submersible pumps and other waterproofed service facilities may be located below the F.P.E.
(iv) If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of floodwaters. Designs must either be certified by a registered professional engineer or by having a minimum of one permanent opening on at least two different walls 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.
(v) Any area below the F.P.E. shall be used solely for parking, building access or storage and shall not later be converted to habitable space or other uses.
(c) A nonresidential building not built on permanent landfill and not elevated shall be floodproofed in accordance with the following:
(i) A registered professional engineer shall certify that the building has been designed so that below the F.P.E., the structure and attendant utility facilities are watertight and capable of resisting the effect of the base flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and impacts from debris and ice;
(ii) Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
(d) A recreational vehicle is to be installed on a site for more than 180 days, or a manufactured home, shall be elevated at or above the F.P.E. and anchored to resist flotation, collapse or lateral movement by being tied down in accordance with the rules and regulations issued pursuant to the Illinois Home Tie-Down Act, as amended.
(Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 7-21-21, p. 33505, § 6)
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