Loading...
(A) For all projects involving channel modification, fill or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained.
(B) In addition, the village shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse.
(Ord. 2012-08, passed 6-4-2012)
(A) Generally. 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 recommendation to the Village Board of Trustees. The Village Board of Trustees may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.
(B) Conditions. 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, 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 state and federal permits have been obtained.
(C) Notifications. The Zoning Board of Appeals shall notify an applicant in writing that a variance from the requirements of the building protections standards of § 153.07 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 risk to life and property; and
(3) Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.
(D) Historic structures. Variances to the building protection requirements of § 153.07 which are requested in connection with reconstruction, repair or alteration of a historic site or historic structure as defined in § 153.02, may be granted using criteria more permissive than the requirements of §§ 153.06 and 153.07, subject to the conditions that:
(1) The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; and
(2) The repair or rehabilitation will not result in the structure being removed as a certified historic structure.
(E) Agriculture.
(1) Any variance granted for an agricultural structure shall be decided individually based on a case-by-case analysis of the building’s unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in this chapter.
(2) In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at grade and wet floodproofed.
(a) All agricultural structures considered for a variance from the floodplain management regulations of this chapter shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures or animal confinement facilities, such as farm houses, cannot be considered agricultural structures.
(b) Use of the varied structures must be limited to agricultural purposes in Zone A only as identified on the community’s Flood Insurance Rate Map (FIRM).
(c) For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring and the like) below the base flood elevation must be built with flood-resistant materials in accordance with § 153.07.
(d) The agricultural structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structures in accordance with § 153.07 of this chapter. All of the building’s structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
(e) Any mechanical, electrical or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with § 153.07.
(f) The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with § 153.07(C).
(g) The agricultural structures must comply with the floodplain management floodway provisions of § 153.06. No variances may be issued for agricultural structures within any designated floodway.
(h) Wet floodproofing construction techniques must be reviewed and approved by the Floodplain Administrator and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
(Ord. 2012-08, passed 6-4-2012)
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 village 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.
(Ord. 2012-08, passed 6-4-2012)
This chapter repeals and replaces other ordinances adopted by the village to fulfill the requirements of the National Flood Insurance Program including September 16, 1985. 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.
(Ord. 2012-08, passed 6-4-2012)
(A) Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this chapter. Upon due investigation, the Village Attorney may determine that a violation of the minimum standards of this chapter exists. The Village Attorney shall notify the owner in writing of such violation.
(B) (1) If such owner fails after ten days’ notice to correct the violation:
(a) The village shall make application to the Circuit Court for an injunction requiring conformance with this chapter or make such other order as the court deems necessary to secure compliance with this chapter;
(b) Any person who violates this chapter shall upon conviction thereof be fined not less than $50 or more than $750 for each offense;
(c) A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues; and
(d) The village shall record a notice of violation on the title of the property.
(2) (a) The Village Attorney shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.
(b) The Village Attorney is authorized to issue an order requiring the suspension of the subject development. The stop-work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. The stop-work order constitutes a suspension of the permit.
(c) No site development permit shall be permanently suspended or revoked until a hearing is held by the Zoning Board of Appeals. Written notice of such hearing shall be served on the permittee and shall state:
1. The grounds for the complaint, reasons for suspension or revocation; and
2. The time and place of the hearing.
(d) At such hearing the permittee shall be given an opportunity to present evidence on his or her behalf. At the conclusion of the hearing, the Zoning Board of Appeals shall determine whether the permit shall be suspended or revoked.
(3) Nothing herein shall prevent the village from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Ord. 2012-08, passed 6-4-2012)