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In the case of residential, business, or manufacturing planned developments, the Plan Commission may recommend and the City Council may authorize that there be in part of the area of such development and for the duration of such development specified uses not permitted by the use regulations of the district in which said development is located, provided the Plan Commission shall find:
(A) That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development;
(B) That the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;
(C) That not more than 20% of the ground area or of the gross floor area of such development shall be devoted to the uses permitted by said exception; and
(D) That in a manufacturing planned development, such additional uses allowed by exception shall conform with the performance standards of the district in which the development is located.
('71 Code, § 11-23-2) (Ord. 1413, passed 9-13-60) Penalty, see § 155.999
In case of any planned development, the Plan Commission may recommend and the City Council may authorize exceptions to the applicable bulk regulations of this chapter within the boundaries of such development, provided that the Plan Commission shall find:
(A) That such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as of neighboring properties than would obtain under the bulk regulations of this chapter for buildings developed on separate zoning lots;
(B) That the overall bulk of buildings of the development shall not exceed that prescribed in this chapter for the district in which it is located;
(C) That the minimum lot area per dwelling unit requirements of this chapter shall be adhered to in any such development containing residential uses, and that there shall be available to each residential building and immediately adjacent thereto (including the land area upon which it is erected), the minimum amount of land area required for such building under the lot area per dwelling unit provisions of this chapter;
(D) That spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this chapter on separate zoning lots, due consideration being given to the openness normally afforded by the intervening streets and alleys; and
(E) That along the periphery of such planned developments, yards shall be provided as required by the regulations of the district in which said development is located.
('71 Code, § 11-23-3) (Ord. 1413, passed 9-13-60)
FLOOD HAZARD AREAS
This subchapter is enacted pursuant to the police powers granted to this city by ILCS Ch. 65, Act 5, §§ 1-2-1, 11-12-12, 11-30-2, 11-30-8, and 11-31-2 in order to accomplish the following purposes:
(A) To prevent unwise developments from increasing flood or drainage hazards to others;
(B) To protect new buildings and major improvements to buildings from flood damage;
(C) To promote and protect the public health, safety and general welfare of the citizens from the hazards of flooding;
(D) To lessen the burden on the taxpayer for flood control projects, repairs to public facilities and utilities, and flood rescue and relief operations;
(E) To maintain property values and a stable tax base by minimizing the potential for creating blight areas;
(F) To make federally subdivided flood insurance available; and
(G) To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
('71 Code, § 11-25-1) (Ord. 1413, passed 9-13-60; Am. Ord. 2538, passed 10-29-85; Am. Ord. 3666, passed 1-11-11)
For the purpose of this subchapter the following definitions are adopted.
BASE FLOOD. The flood having a 1% probability of being equaled or exceeded in any given year. The base flood is also known as the 100 year flood. The base flood elevation at any location is as defined in § 155.188.
BASE FLOOD ELEVATION (BFE). The elevation in relation to mean sea level of the crest of the base flood.
BASEMENT. That portion of a building having its floor sub-grade (below ground level) on all sides.
BUILDING. A walled and roofed structure, including gas or liquid storage tank, that is principally above ground, including manufactured homes, prefabricated buildings and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than 180 days per year.
CRITICAL FACILITY. Any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to these critical facilities can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk. Examples of critical facilities where flood protection should be required include: emergency services facilities (such as fire and police stations), schools, hospitals, retirement homes and senior care facilities, major roads and bridges, critical utility sites (telephone switching stations or electrical transformers, and hazardous material storage facilities (chemicals, petrochemicals, hazardous or toxic substances).
DEVELOPMENT. Any man-made change to real estate, including, but not necessarily limited to:
(1) Demolition, construction, reconstruction, repair, placement of a building, or any structural alteration to a building;
(2) Substantial improvement of an existing building;
(3) Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days per year;
(4) Installation of utilities, construction of roads, bridges, culverts or similar projects;
(5) Construction or erection of levees, dam walls or fences;
(6) Drilling, mining, filling, dredging, grading, excavating, paving or other alterations of the ground surface;
(7) Storage of materials including the placement of gas and liquid storage tanks, and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters; or 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.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
FEMA. Federal Emergency Management Agency.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
FLOOD FRINGE. That portion of the floodplain outside of the regulatory floodway.
FLOOD INSURANCE RATE MAP. A map prepared by the Federal Emergency Management Agency that depicts the floodplain or special flood hazard area (SFHA) within a community. This map includes insurance rate zones and may or may not depict floodways and show base flood elevations.
FLOOD INSURANCE STUDY. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
FLOODPLAIN AND SPECIAL FLOOD HAZARD AREA (SFHA). These two terms are synonymous. Those lands within the jurisdiction of the city, the extraterritorial jurisdiction of the city, or that may be annexed into the city, that are subject to inundation by the base flood. The floodplains of the city are generally identified as such on panel numbers 17073C0400E, 1707C0395E, 17073C0530E, and 17073C0535E, of the countywide Flood Insurance Rate Map of Henry County prepared by the Federal Emergency Management Agency and dated June 2, 2011. FLOODPLAIN also includes those areas of known flooding as identified by the community. The floodplains of those parts of unincorporated Henry County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are generally identified as such on the Flood Insurance Rate Map prepared for Henry County by the Federal Emergency Management Agency and dated June 2, 2011.
FLOODPROOFING. Any combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate, property and their contents.
FLOODPROOFING CERTIFICATE. A form published by the Federal Emergency Management Agency that is used to certify that a building has been designed and constructed to be structurally dry flood proofed to the flood protection elevation.
FLOOD PROTECTION ELEVATION (PFE). The elevation of the base flood plus one foot of freeboard at any given location in the floodplain.
FLOODWAY. That portion of the floodplain required to store and convey the base flood. The floodway for the floodplains of the city shall be as delineated on the countywide Flood Insurance Rate Map of Henry County prepared by FEMA and dated June 2, 2011. The floodways for each of the remaining floodplains of the city shall be according to the best data available from the federal, state or other sources.
FREEBOARD. An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, future watershed development, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.
HISTORIC STRUCTURE. Any structure that is:
(1) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
(3) Individually listed on the state inventory of historic places by the Illinois Historic Preservation Agency.
(4) Individually listed on a local inventory of historic places that has been certified by the Illinois Historic Preservation Agency.
IDNR/OWR. Illinois Department of Natural resources/Office of Water Resources.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor. Provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of § 155.191.
MANUFACTURED HOME. A structure transportable in one or more sections, that is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.
NEW CONSTRUCTION. Structures for which the start of construction commenced or after the effective date of floodplain management regulations adopted by a community and includes any subsequent improvements of such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community.
NFIP. National Flood Insurance Program.
RECREATIONAL VEHICLE OR TRAVEL TRAILER. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less in size;
(3) Designed to be self-propelled or permanently towable by a light duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.
SFHA or SPECIAL FLOOD HAZARD AREAS. See definition of FLOODPLAIN.
START OF CONSTRUCTION. Includes substantial improvement and means the date the building permit was issued. This, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement, was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or placement of a manufactured home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building whether or not that alteration affects the external dimensions of the building.
STRUCTURE. See BUILDING.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cumulative percentage of damage figured cumulatively during a ten-year period, equals or exceeds 50% of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination. The term includes REPETITIVE LOSS buildings (see definition).
SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition or improvement of a structure figured cumulatively during a ten-year period, in which the cumulative percentage of improvements: equals or exceeds 50% of the market value of the structure before the improvement or repair is started; or increases the floor area by more than 20%. SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work done. The term does not include:
(1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
(2) Any alteration of a structure listed on the National Register of Historic Places or the Illinois Register of Historic Places.
VIOLATION. The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the required federal, state, and/or local permits and elevation certification is presumed to be in violation until such time as the documentation is provided.
('71 Code, § 11-25-2) (Ord. 1413, passed 9-13-60; Am. Ord. 2538, passed 10-29-85; Am. Ord. 3666, passed 1-11-11)
The Health, Building and Zoning Officer shall be responsible for the general administration and enforcement of this subchapter, and ensure that all development activities within the floodplains under the jurisdiction of the city meet the requirements of this subchapter. Specifically, the Health, Building and Zoning Officer shall:
(A) Process development permits in accordance with § 155.189;
(B) Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of § 155.190;
(C) Ensure that building protection requirements for all buildings subject to § 155.191 are met and maintain a record of the "as-built" elevation of the lowest floor (including basement) or floodproofed certificate;
(D) Assure that all subdivision and annexations meet the requirements of § 155.192;
(E) Ensure that water supply and waste disposal systems meet the public health standards of § 155.193;
(F) If a variance is requested, ensure that the requirements of § 155.193 are met and maintain documentation if any variances granted;
(G) Inspect all development projects and take any and all penalty actions outlined in § 155.999 as a necessary to ensure compliance with this subchapter;
(H) Assure that applicants are aware of and obtain any and all other required local, state and federal permits;
(I) Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a watercourse;
(J) Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;
(K) Cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this subchapter;
(L) 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 subchapter;
(M) Perform site inspections to ensure compliance with this subchapter and make substantial damage determinations for structures within the floodplain; and
(N) 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.
('71 Code, § 11-25-3) (Ord. 1413, passed 9-13-60; Am. Ord. 2538, passed 10-29-85; Am. Ord. 3666, passed 1-11-11) Penalty, see § 155.999
This subchapter's protection standard is the base flood. The best available base flood data are listed below. Whenever a party disagrees with the best available data, the party shall finance the detailed engineering study needed to replace existing data with better data and submit it to the FEMA and IDNR/OWR for approval prior to any development of the site.
(A) The base flood elevation for the floodplains of Prospect Street Creek and Mill Street Creek shall be as delineated on the 100 year flood profiles in the Flood Insurance Study of Henry County prepared by the Federal Emergency Management Agency and dated June 2, 2011.
(B) The base flood elevation for each floodplain delineated as an "AH Zone" or "AO Zone" shall be that elevation (or depth) delineated on the county wide Flood Insurance Rate Map of Henry County.
(C) The base flood elevation for each of the remaining floodplains delineated as an “A Zone” on the countywide Flood Insurance Rate Map of Henry County shall be according to the best data available from federal, state or other sources. Should no other data exist, an engineering study must be financed by the applicant to determine base flood elevations.
(D) The base flood elevation for the floodplains of those parts of unincorporated Henry County that are within the extraterritorial jurisdiction of the city, or that may be annexed into the city, shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of Henry County prepared by the Federal Emergency Management Agency dated June 2, 2011.
('71 Code, § 11-25-4) (Ord. 1413, passed 9-13-60; Am. Ord. 2538, passed 10-29-85; Am. Ord. 3666, passed 1-11-11)
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