§ 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)

FLOOD HAZARD REDUCTION

§ 152.35 BASE FLOOD ELEVATION.

   (A)   This chapter’s protection standard is the base flood according to the best data available to the state’s Water Survey’s Floodplain Information Repository. Whenever a party disagrees with the best available data, he or she may finance the detailed engineering study needed to replace existing data with better data and submit it to the state’s Water Survey.

   (B)   The base flood elevation for each of the SFHAs delineated as an “A Zone” on the Flood Insurance Rate Map, with the effective date of 8-24-1984, shall be the 100-year flood depth calculated according to the formulas presented in Depth & Frequency of Floods in Illinois, published by the U.S. Geological Survey, 1976.

(1994 Code, § 152.25) (Ord. 323, passed 3-28-1983)

§ 152.36 PREVENTING INCREASED DAMAGES.

   (A)   No proposed development in the SFHA shall increase the base flood elevation unless:

      (1)   It is determined by the city’s Building Inspector that the total cumulative effect on the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damages;

      (2)   A permit has been issued by the state’s Department of Transportation, Division of Water Resources, pursuant to 615 ILCS 5/23, or a waiver of the permit has been obtained; and

      (3)   For all projects involving channel modifications or fill (including levees), the city shall submit sufficient data to the Federal Emergency Management Agency to revise the regulatory flood maps and profiles.

   (B)   For development proposals located in flood fringe, AO Zone or AH Zone, identified as such on an SFHA map or in a lakefront floodplain, ponding area, area of sheet flow or other SFHA not subject to overbank flooding from an identified channel, the requirement of division (A) above shall not apply.

   (C)   No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants or other hazardous or toxic materials below the FPE unless the materials are stored in a storage tank or flood-proofed building constructed according to the requirements of § 152.37(B)(3) of this chapter.

   (D)   New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings located below the FPE are water-tight.

(1994 Code, § 152.26) (Ord. 323, passed 3-28-1983)