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(A) In addition to the damage prevention requirements of § 161.345 of this ordinance, all buildings 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 or alteration or addition to an existing building valued at more than one thousand dollars ($1,000) or seventy (70) square feet.
(2) Substantial improvements or structural alterations made to an existing building that increase the floor area by more than twenty percent (20%) or equal or exceed the market value by fifty percent (50%). Alteration shall be figured cumulatively subsequent to the adoption of this ordinance. If substantially improved, the existing structure and the addition must meet the flood protection standards of this section.
(3) Repairs made to a substantially damaged building. These repairs shall be figured cumulatively subsequent to the adoption of this ordinance. If substantially damaged the entire structure must meet the flood protection standards of this section.
(4) 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).
(5) Installing a travel trailer or recreational vehicle on a site for more than one hundred eighty (180) days per year.
(6) Repetitive loss to an existing building as defined in § 161.341.
(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 land fill 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 (10) 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, riprap, or other structural measure.
(d) The fill shall be composed of rock or soil and not incorporated debris or refuse material, and
(e) shall not adversely affect the flow of surface drainage from or onto neighboring properties and when necessary stormwater management techniques such as swales or basins shall be incorporated.
(2) The building may be elevated on solid walls in accordance with the following:
(a) The building or improvements shall be elevated on stilts, piles, walls, crawlspace, 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) 1. 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.
2. Designs must either be certified by a licensed professional engineer or by having a minimum of one (1) permanent opening on each wall no more than one (1) foot above grade with a minimum of two (2) openings. The openings shall provide a total net area of not less than one (1) square inch for every one (1) square foot of enclosed area subject to flooding below the base flood elevation, and
(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.
1. All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage.
2. 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 waterproofed.
3. 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, or
4. In lieu of the above criteria, the design methods to comply with these requirements may be certified by a licensed professional engineer or architect.
(3) The building may be constructed with a crawlspace located below the flood protection elevation provided that the following conditions are met:
(a) 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.
(b) Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. A minimum of one opening on each wall having a total net area of not less than one (1) square inch per one (1) square foot of enclosed area. The openings shall be no more than one (1) foot above grade.
(c) The interior grade of the crawlspace below the flood protection elevation must not be more than two (2) feet below the lowest adjacent exterior grade.
(d) The interior height of the crawlspace measured from the interior grade of the crawl to the top of the foundations wall must not exceed four (4) feet at any point.
(e) An adequate drainage system must be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event.
(f) Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage, and
(g) Utility systems within the crawlspace must be elevated above the flood protection elevation.
(C) Non-residential buildings may be structurally dry floodproofed (in lieu of elevation) provided a licensed professional engineer or architect certifies that:
(1) Below the flood protection elevation the structure and attendant utility facilities are watertight 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.
(3) Floodproofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity.
(4) Levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this subsection.
(D) Manufactured homes or travel trailers to be permanently installed on site shall be:
(1) Elevated to or above the flood protection elevation in accordance with (B), and
(2) anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the rules and regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 Ill. Adm. Code § 870.
(E) Travel trailers and recreational vehicles on site for more than one hundred eighty (180) days per year shall meet the elevation requirements of (D) unless the following conditions are met:
(1) The vehicle must be either self-propelled or towable by a light duty truck.
(2) The hitch must remain on the vehicle at all times.
(3) The vehicle must not be attached to external structures such as decks and porches.
(4) The vehicle must be designed solely for recreation, camping, travel, or seasonal use rather than as a permanent dwelling.
(5) The vehicles largest horizontal projections must be no larger than four hundred (400) square feet.
(6) The vehicle’s wheels must remain on axles and inflated.
(7) Air conditioning units must be attached to the frame so as to be safe for movement of the floodplain.
(8) Propane tanks as well as electrical and sewage connections must be quick-disconnect and above the 100-year flood elevation.
(9) The vehicle must be licensed and titled as a recreational vehicle or park model, and
(10) must either:
(a) entirely be supported by jacks, or
(b) have a hitch jack permanently mounted, have the tires touching the ground and be supported by block in a manner that will allow the block to be easily removed by used of the hitch jack.
(F) Garages, sheds or other minor accessory structures constructed ancillary to an existing residential use may be permitted provided the following conditions are met:
(1) The garage of 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 or have the appropriate state and/or federal permits.
(4) The garage or shed must be on a single family lot and be accessory to an existing principle 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 not more than one (1) foot above grade with one (1) square inch of opening for every one (1) square foot of floor area.
(8) The garage or shed must be less than ten thousand dollars ($10,000) in market value or replacement cost whichever is greater or less than five hundred (500) square feet.
(9) The structure shall be anchored to resist floatation and overturning.
(10) All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) 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.
(Prior Code, Art. 21, § 21-400.7)
The City of Mt. Vernon shall take into account hazards, to the extent that they are known, in all official actions related to land management use and development.
(A) 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 protections standards of §§ 161.345 and 161.346 of this ordinance. 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 Plat Act (765 ILCS 205/2).
(B) Streets, blocks lots, parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible the floodplains shall be included within parks or other public grounds.
(Prior Code, Art. 21, § 21-400.8)
(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 floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of § 161.346 of this ordinance.
(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 watertight.
(5) Construction of new or substantially improved critical facilities shall be located outside the limits of the floodplain. Construction of new critical facilities shall be permissible within the floodplain if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor (including basement) elevated or structurally dry floodproofed to the 500-year flood frequency elevation or three feet above the level of the 100-year flood frequency elevation whichever is greater. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities.
(B) All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.
(Prior Code, Art. 21, § 21-400.9)
For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained. In addition, the City of Mt. Vernon shall notify adjacent communities in writing thirty (30) days prior to the issuance of a permit for the alteration or relocation of the watercourse.
(Prior Code, Art. 21, § 21-400.10)
Whenever the standards of this ordinance place undue hardship on a specific development proposal, the applicant may apply to the Zoning and Planning Commission of the City of Mt. Vernon for a variance. The Zoning and Planning Commission of the City of Mt. Vernon shall review the applicant’s request for a variance and shall submit its recommendation 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 ordinance.
(A) 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.
(B) The Zoning and Planning Commission of the City of Mt. Vernon shall notify an applicant in writing that a variance from the requirements of the building protections standards of § 161.346 that would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance up to twenty-five dollars ($25) per one hundred dollars ($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.
(C) Variances to the building protection requirements of § 161.346 of this ordinance which are requested in connection with reconstruction, repair, or alteration of a historic site or historic structure as defined in “Historic Structures”, may be granted using criteria more permissive than the requirements of §§ 161.346 and 161.347 of this ordinance subject to the conditions that:
(1) The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure.
(2) The repair or rehabilitation will not result in the structure being removed as a certified historic structure.
(Prior Code, Art. 21, § 21-400.11)
The degree of protection required by this ordinance 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 man-made or natural causes. This ordinance does not imply that development either inside or outside of the floodplain will be free from flooding or damage. This ordinance does not create liability on the part of the City of Mt. Vernon or any officer or employee thereof for any flood damage that results from proper reliance on this ordinance or any administrative decision made lawfully thereunder.
(Prior Code, Art. 21, § 21-400.12)
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 ordinance. Upon due investigation, the Building Official may determine that a violation of the minimum standards of this ordinance exists. The Building Official shall notify the owner in writing of such violation.
(A) If such owner fails after ten (10) days notice to correct the violation:
(1) The City of Mt. Vernon shall make application to the circuit court for an injunction requiring conformance with this ordinance or make such other order as the court deems necessary to secure compliance with the ordinance.
(2) Any person who violates this ordinance shall upon conviction thereof be fined not less than fifty dollars ($50) or more than seven hundred fifty ($750) for each offense.
(3) A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues, and
(4) The City of Mt. Vernon shall record a notice of violation on the title of the property.
(B) (1) The Building Official 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.
(2) The Building Official 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.
(3) No site development permit shall be permanently suspended or revoked until a hearing is held by the Zoning and Planning Commission of the City of Mt. Vernon. Written notice of such hearing shall be served on the permittee and shall state:
(a) The grounds for the complaint, reasons for suspension or revocation, and
(b) The time and place of the hearing.
(4) At such hearing the permittee shall be given an opportunity to present evidence on their behalf. At the conclusion of the hearing, the Zoning and Planning Commission of the City of Mt. Vernon shall determine whether the permit shall be suspended or revoked.
(C) Nothing herein shall prevent the City of Mt. Vernon from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Prior Code, Art. 21, § 21-400.13)
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