§ 152.01 STATUTORY AUTHORIZATION; PURPOSE.

   This chapter is enacted pursuant to the police powers granted to the city by 65 ILCS 5/1-2-1, 11-12-12, 11-30-2, 11-30-9 and 11-31-2, in order to accomplish the following purposes:

   (A)   To prevent unwise development from increasing the flood or drainage hazards to others;

   (B)   To protect new buildings and major improvements to buildings from flood drainage;

   (C)   To protect human life and health from the hazards of flooding;

   (D)   To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged 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 flood blight areas;

   (F)   To make federally subsidized flood insurance available for property in the city; and

   (G)   To provide for the orderly growth and development (pursuant to the city’s Comprehensive Plan) of an environment that is especially sensitive to changes from human activity.

(1994 Code, § 152.01) (Ord. 323, passed 3-28-1983)

§ 152.02 CRITERIA FOR INSPECTOR APPROVAL.

   (A)   All new development proposals in the special flood hazard areas shall be reviewed and approved by the Building Inspector.

   (B)   The Building Inspector’s review is to ensure the following:

      (1)   New development will not change the flow of flood or other surface drainage waters so that other properties become more susceptible to damage;

      (2)   New developments will not create special hazards or nuisances when flooded; and

      (3)   New buildings and major improvements to existing buildings will not be subject to damage by the base flood.

(1994 Code, § 152.02) (Ord. 323, passed 3-28-1983)

§ 152.03 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   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 § 152.35 of this chapter.

   BUILDING. A structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank in order that the tanks will be constructed to the same flood damage protection standards. The term includes a manufactured home or prefabricated building which is affixed on a permanent site and connected to the required utilities. The term shall also include travel trailers or recreational vehicles installed on a site for more than 180 days.

   DEVELOPMENT. Any human-made change to real estate, including:

      (1)   Construction, reconstruction or placement of a building or an addition to a building valued at more than $1,000;

      (2)   Installing a mobile home on a site or preparing a site for a manufactured home;

      (3)   Drilling, mining, installing utilities or facilities, construction of roads, bridges or similar projects valued at more than $1,000;

      (4)   Construction or erection of levees, walls or fences;

      (5)   Filling, dredging, grading, excavating or other non-agricultural alterations of the ground surface;

      (6)   Storage of materials; or

      (7)   Any other activity that might change the direction, height or velocity of flood or surface waters.

   FLOOD. A general and temporary condition of inundation of normally dry land areas from the overflow, the unusual and rapid accumulation or the runoff or surface waters from any source.

   FLOODWAY. The portion of the SFHA required to store and convey the base flood. If not prohibited, building or placing obstructions in a FLOODWAY will increase flood damages to other properties.

   FPE or FLOOD PROTECTION ELEVATION. The elevation of the base flood (plus one foot) at any given location in the SFHA.

   SFHA or SPECIAL FLOOD HAZARD AREA. Those lands within the jurisdiction of the city that are subject to inundation by the base flood. The SFHAs of the city are generally identified as such on the Flood Insurance Rate Map with the effective date of 8-24-1984.

(1994 Code, § 152.03) (Ord. 323, passed 3-28-1983; Ord. 338, passed 5-14-1984)

§ 152.04 DISCLAIMER OF LIABILITY.

   (A)   The degree of flood 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.

   (B)   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 SFHA will be free from flooding or damage.

   (C)   This chapter does not create liability on the part of the city or any officer of employee thereof for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.

(1994 Code, § 152.04) (Ord. 323, passed 3-28-1983)

§ 152.05 ABROGATION AND GREATER RESTRICTIONS.

   This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(1994 Code, § 152.05) (Ord. 323, passed 3-28-1983)

§ 152.06 VARIANCES.

   (A)   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 City Council.

   (B)   No variance shall be granted unless the applicant demonstrates that:

      (1)   The development activity cannot be located outside the SFHA;

      (2)   A substantial economic 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 or 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; and

      (6)   The provisions of § 152.20(D) of this chapter can still be met.

   (C)   The Building Inspector shall notify an applicant in writing that a variance from the requirements of § 152.37 of this chapter that would lessen the degree of protection to a building will:

      (1)   Result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage;

      (2)   Increase the risks to life and property; and

      (3)   Require that the applicant proceed with knowledge of these risks and that he or she will acknowledge in writing that he or she assumes the risk and liability.

   (D)   A variance from the requirements of § 152.37 of this chapter may be granted to permit a wet flood-proofed building, that is, a building to be intentionally flooded during a flood; provided:

      (1)   No part of a building below the FPE may be subject to flood damage;

      (2)   The variance shall be conditioned on the contents being:

         (a)   Of materials resistant to flood damage;

         (b)   Items declared “property not covered” by a standard flood insurance policy of the National Flood Insurance Program; or

         (c)   Readily moveable to place of protection during a flood; provided, there will be personnel available and adequate warning.

      (3)   Any future alteration of the area below the FPE that violates the conditions of the variance shall be deemed a violation of this chapter. The Building Inspector shall inform the applicant that any alteration is considered a willful act to increase flood damages and, therefore, will cause coverage by a standard flood insurance policy to be suspended.

   (E)   Variances requested in connection with restoration of a site or building documented as worthy of preservation by the state’s Department of Conservation may be granted using criteria more permissive than the requirements of division (B) above.

(1994 Code, § 152.06) (Ord. 323, passed 3-28-1983)

PERMITS

§ 152.20 DEVELOPMENT PERMIT REQUIRED; APPLICATION.

   (A)   (1)   No person, firm or corporation shall commence any development in the SFHA without first obtaining a development permit from the Building Inspector.

      (2)   The Building Inspector shall not issue a development permit if the proposed development does not meet the requirements of this chapter.

   (B)   Application for a development permit shall be made on a form provided by the Building Inspector. The application shall be accompanied by drawings of the site, drawn to scale showing property line dimensions and, in those parts of the site that are below the base flood elevation, the following:

      (1)   Existing grade elevations and all changes in grade resulting from excavation or filling;

      (2)   The direction of flow of surface drainage and flood flows;

      (3)   The location of all watercourses and drainage facilities;

      (4)   The location and dimensions of all buildings and additions to buildings; and

      (5)   The elevation of the lowest floor (including basement) of all buildings subject to the requirements of § 152.37 of this chapter.

   (C)   Upon receipt of an application for a development permit, the Building Inspector shall compare the elevation of the site to the base flood elevation. Any development located on land higher than the base flood elevation is not in the SFHA and, therefore, not subject to the requirements of this chapter.

   (D)   The Building Inspector shall inform the applicant of any and all other local, state and federal permits that may be required for this type of development activity. The development permit will only be issued on the condition that the other specified permits are obtained. The Building Inspector shall not issue a use permit/certificate of use or occupancy unless all required permits have been obtained.

(1994 Code, § 152.15) (Ord. 323, passed 3-28-1983)