(A) Intent and purpose. The purpose of these regulations is to protect those areas of the village which are subject to predictable flooding in the floodplain areas of the major rivers, their branches and tributaries within the village, so that the reservoir capacity shall not be reduced, thereby creating danger to areas previously not so endangered in time of high water, or to impede, retard, accelerate, or change the direction of the flow or carrying capacity of the river valley or to otherwise increase the possibility of flood. The regulations, while permitting reasonable use of the properties, will help to protect human life, prevent or minimize material and economic losses, and reduce the cost to the public in time of emergency, through public aid and relief efforts occasioned by the unwise occupancy of the flood areas. All land included in the floodplain area shall be subject to the requirements specified herein, in addition to the normal zoning district requirements in which the land shall be located.
(B) Floodplain areas. The floodplain areas within the village shall be those delineated as the "100 year flood plain" on the official map produced by the Federal Emergency Management Agency (FEMA).
(C) Permitted principal uses. Notwithstanding any other provisions of this chapter, no building or structure shall be erected, converted, or structurally altered, and no land and/or structure shall be used within the boundaries of the 100 year flood plain, except for one or more of the following uses:
(1) Open space uses, such as farms, truck gardens, nurseries, parks, playgrounds, golf courses, preserves, bridle trails, nature paths, private or commercial recreation, and other similar open uses.
(3) Yard and setback areas required for any district within the floodplain areas may be included within the floodplain areas. However, the elevation of the lowest floor designed or intended for human habitation shall be at least three feet above the established floodplain.
(D) Uses permitted by special use permit. Permitted use of land and structures in the relevant Zoning District may be permitted within the delineated flood plain by the application for and the issuance of a special use permit with specified procedures and requirements, as outlined and shall be subject to an engineering finding by the Village Engineer that the requirements of this section are satisfied, provided that the use pattern and the structures proposed to accomplish the use shall:
(1) Be so designed as not to reduce the water impoundment capacity of the floodplain or significantly change the volume or speed of the flow of water. The design may be accomplished by the use of piles, stilts, cantilevering, or other such construction methods which will place the desired building and structures above the determined flood elevation in a safe manner so that the foundation and structural supports of buildings and structures will withstand the anticipated level, volume, and velocity of the flood waters and coincidentally minimize the impending of the natural free flow of the flood waters.
(2) All buildings constructed under the special use permits shall have a minimum first floor elevation of not less than three feet above the established floodplain.
(3) Dumping or backfilling in the floodplain areas with any material in any manner shall be prohibited unless through compensating excavation and shaping of the floodplain, provided the flow and natural impoundment capacity of the floodplain will be maintained or improved so that no significant or measurable change in flow or reduction in impoundment capacity of the floodplain would thereby result.
(4) Utilities, roads, and railroads may be permitted, when designed so as not to increase the possibility of flood or be otherwise detrimental to the public health, safety and welfare.
(5) Under no circumstances shall the village incur any liability whatsoever for the granting of any use or building in floodplain areas.
(E) Data submission. Prior to the issuance of a building permit for structures on/or adjacent to floodplain areas, the Zoning Administrator shall require the applicant for the permit to submit topographic data, engineering studies, proposed site plans, or other similar data needed to determine the possible effects of flooding on a proposed structure and/or the effect of the structure on the flow of water. All the required data shall be prepared by a registered professional civil engineer.
(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999