Unless specifically defined below, all words used in this chapter shall have their common meanings. The word "shall" means the action is mandatory.
For the purposes of this chapter, the following definitions are adopted:
ACCESSORY STRUCTURE. A non-habitable building, used only for parking of vehicles or storage, that is on the same parcel of property as the principal building and which is incidental to the use of the principal building.
AGRICULTURAL STRUCTURE. A walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.
BASE FLOOD. The flood having a 1% probability of being equaled or exceeded in any given year. The base flood is often referred to as the 100-year flood. The base flood elevation at any location is as defined in § 94.03.
BASE FLOOD ELEVATION (BFE). The height in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified) of the crest of the base flood.
BASEMENT. Any portion of the building, including any sunken room or sunken portion of a room, having its floor below ground level (subgrade) on all sides.
BUILDING. A walled and roofed structure, including gas or liquid storage tank, that is principally above ground including manufactured homes and prefabricated buildings. The term also includes recreational vehicles and travel trailers installed on a site for more than 180 days per year.
CONDITIONAL LETTER OF MAP REVISION (CLOMR). A letter providing FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing floodway, the effective BFEs, or the SFHA.
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.
DAM. All obstructions, wall embankments or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Dams may also include weirs, restrictive culverts, or impoundment structures. Underground water storage tanks are not included.
DEVELOPMENT.
(1) Any man-made change to real estate including, but not necessarily limited to:
(a) Demolition, construction, reconstruction, repair, placement of a building, or any structural alteration to a building;
(b) Substantial improvement of an existing building;
(c) 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;
(d) Installation of utilities, construction of roads, bridges, culverts or similar projects;
(e) Redevelopment of a site, clearing of land as an adjunct of construction;
(f) Construction or erection of levees, dams, walls, or fences;
(g) Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface; and
(h) 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.
(2) DEVELOPMENT does not include resurfacing of pavement when there is no increase in elevation; construction of farm fencing; or gardening, plowing, and similar practices that do not involve filing, grading, or construction of levees.
ELEVATION CERTIFICATE. A form published by FEMA that is used to certify the elevation to which a building has been constructed.
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 and its regulations at 44 CFR 59-79, as amended.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters, or from the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD also includes the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters.
FLOOD FRINGE. That portion of the floodplain outside of the regulatory floodway.
FLOOD INSURANCE RATE MAP (FIRM). A map prepared by the FEMA 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 BFEs.
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 Madison County; that are subject to inundation by the base flood. The floodplains of Madison County are generally identified as such on panel number(s); 1704360010B, 1704360015B, 1704360020B, 1704360025B, 1704360030B, 1704360035B, 1704360040B, 1704360045B, 1704360050B, 1704360055B, 1704360060B, 17043600650B, 1704360070B, 1704360075B, 1704360080B, 1704360085B, 1704360090B, 1704360095B, 1704360100B, 1704360105B, 1704360110B, 1704360115B, 1704360120B, 1704360125B, 1704360130B, 1704360135B, 1704360140B, 1704360145B, 1704360150B, 1704360155B, and 1704360160B; of the FIRM of Madison County; prepared by the FEMA and dated April 15, 1982. Floodplain also includes those areas of known flooding as identified by the community.
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 FEMA 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 (FPF). 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 each of the remaining floodplains of Madison County should be according to the best data available from federal/ state/ or other sources shall be as delineated on the Flood Boundary and Floodway Maps of Madison County panel number(s); 1704360010, 1704360025, 1704360030, 1704360035, 1704360045, 1704360050, 1704360055, 1704360060, 1704360065, 1704360070, 1704360075, 1704360080, 1704360090, 1704360095, 1704360100, 1704360105, 1704360110, 1704360115, 1704360125 and 1704360130 prepared by FEMA and dated April 15, 1982. The floodways for each of the remaining floodplains of the county shall be according to the best data available from the federal, state, or other sources.
FREEBOARD. An increment of elevation added to the BFE 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.
IDNR/OWR JURISDICTIONAL STREAM. IDNR/OWR has jurisdiction over any stream serving a tributary area of 640 acres or more in an urban area, or in the floodway of any stream serving a tributary area of 6,400 acres or more in a rural area. Construction on these streams requires a permit from the IDNR/OWR. (Ill Admin. Code tit. 17, pt. 3700.30). The IDNR/OWR may grant approval for specific types of activities by issuance of a statewide permit which meets the standards defined in § 94.06.
LETTER OF MAP AMENDMENT (LOMA). Official determination by FEMA that a specific building, defined area of land, or a parcel of land, where there has not been any alteration of the topography since the date of the first NFIP map showing the property within the floodplain, was inadvertently included within the floodplain and that the building, defined area of land, or a parcel of land is removed from the floodplain.
LETTER OF MAP REVISION (LOMR). Letter that revises BFEs, floodplains or floodways as shown on an effective FIRM.
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 § 94.07.
MANUFACTURED HOME. A building, 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.
NGVD 29. National Geodetic Vertical Datum of 1929.
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, 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.
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 such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.
SFHA. 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). The results of a man-made change to the land constructed on or below the ground, including a building, as defined in this section, any addition to a building; installing utilities, construction of roads or similar projects; construction or erection of levees, walls, fences, bridges or culverts.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cumulative percentage of damage 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.
(1) Any reconstruction, rehabilitation, addition or improvement of a structure taking place 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.
(2) 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.
(3) The term does not include:
(a) 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
(b) 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 this chapter.
ZONING ADMINISTRATOR. The Zoning Administrator appointed by the Madison County Board and such deputies or assistants as have been or shall be duly appointed. The duties of the Zoning Administrator may be delegated to a duly authorized agent or assistant as consistent with this Code of Madison County, Illinois.
(Ord. 2022-04, passed 7-7-2022)