[Added 2-20-2001]
A.
Purpose. The various zoning districts and their boundaries
as designated on the Zoning District Map are related to implementing
the preservation and improvement of areas characterized by existing
buildings and structures and uses conforming with the district regulations
of the district in which they are located, and for the expansion of
the various districts in order to secure a balanced distribution of
the elements of land use comprising the County's physical structure.
It is essential that areas for the various land use categories be
designated in the proper location and proportion to encourage and
accommodate economic and resultant population growth of the County
and to preserve its natural resources.
B.
Districts. In order to accomplish the purposes and intent of this chapter and the objectives set forth in Subsection A, the unincorporated portions of McLean County, Illinois are hereby organized into the following districts:
[Amended 6-17-2008]
|
A
|
Agriculture District
| |
|
R-1
|
Single-Family Residence District
| |
|
R-2
|
Two-Family Residence District
| |
|
C
|
Commercial District
| |
|
M-1
|
Restricted Manufacturing District
| |
|
M-2
|
General Manufacturing District
| |
|
FP
|
Floodplain Overlay District
|
C.
Zoning Map; Flood Insurance Rate Map. The location
and boundaries of the districts established by this chapter are set
forth on the Zoning Map entitled "Zoning District Map," which is incorporated
herein and hereby made a part of this chapter. The map, together with
everything shown thereon and all amendments thereto, shall be as much
a part of this chapter as though fully set forth and described herein.
The map was filed with the County Clerk of McLean County, Illinois,
and certified copies thereof with the Director of Building and Zoning
of McLean County, Illinois, and shall be open to public reference
at all times at the Department of Building and Zoning when the office
is open. The Flood Insurance Rate Map as prepared by the Federal Emergency
Management Agency is also incorporated herein and is made a part of
this chapter.
D.
Boundaries of districts. When uncertainty exists with
respect to the boundaries of the various districts as shown on the
Zoning District Map, the following rules shall apply:
(1)
District boundary lines are one of the following:
(2)
Wherever a district is indicated as a strip adjacent to and paralleling a street or highway and the boundaries are not located as set forth in Subsection D(1) above, the depth of such strips shall be in accordance with dimensions shown on the map, measured at right angles from the center lines of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter section, division lines, or center lines of streets, highways, or railroad rights-of-way unless otherwise indicated.
(3)
Where a district boundary line divides a lot in single
ownership, the regulations for either portion of the lot may, in the
owner's discretion, extend to the entire lot, but not more than 40
feet beyond the boundary line of the district.
(4)
Any additions to the unincorporated area of the County,
resulting from disconnection by municipalities or otherwise, shall
be automatically classified in an Agriculture District and may be
subsequently classified to another zoning district by amendment in
accordance with procedures set forth herein.
A.
Intent. Agricultural land is under urban pressure
from expanding incorporated areas. This urban pressure takes the form
of scattered development in wide belts around the incorporated communities
of McLean County, brings conflicting land uses into juxtaposition,
creates high costs for public services and stimulates land speculation.
Certain agricultural land constitutes unique and irreplaceable land
resources. It is the purpose of the Agriculture District to provide
a means by which agricultural land may be protected and enhanced as
an economic and environmental resource of major importance to the
County. Therefore, the Agriculture District is intended to accomplish
the following objectives:
(1)
Promote the use of agricultural land that is most
suitable for farming activities.
(2)
Protect the value of agricultural land from indiscriminate
incompatible and conflicting land uses.
(3)
Conserve and protect open space, wooded areas, streams,
mineral deposits and other natural resources from incompatible land
uses and provide for their timely utilization.
(4)
Provide for the location and govern the establishment
and operation of land uses which are compatible with agriculture and
are of such a nature that their location away from residential, commercial
and industrial areas is most desirable.
(5)
Provide for the location and govern the establishment
and use of residential uses that are accessory to and necessary for
the conduct of agriculture.
(6)
Provide for the location and govern the establishment
and use of limited non-farm dwellings.
B.
Agricultural nuisance disclaimer. Properties within
the agricultural district are located in an area where land is used
for commercial agricultural production. Owners, residents, and other
users of property in the Agriculture District or neighboring property
may be subjected to inconvenience, discomfort, and the possibility
of injury to property and health arising from normal and accepted
agricultural practices and operations, including but not limited to
noise, odors, dust, the operation of machinery of any kind, including
aircraft, the storage and disposal of manure, the application of fertilizers,
soil amendments, herbicides, and pesticides. Therefore, owners, occupants,
and users of property within the Agriculture District should be prepared
to accept such inconveniences, discomfort, and possibility of injury
from normal agricultural operations, and are hereby put on official
notice that the state Right-to-Farm Law may bar them from obtaining
a legal judgment against such normal agricultural operations.
C.
Permitted uses. Generally, agricultural and accessory uses to agricultural activities are permitted. For a general listing of permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.
[Amended 2-20-2001]
(1)
Single-family dwellings existing previous to February
11, 1974, including the conversion of buildings used as farm dwellings
built previous to February 11, 1974, to non-farm single-family dwellings,
are permitted uses in the Agriculture District. Lot area shall be
at least one acre, and lot width shall be at least 200 feet.
(2)
Yard requirements, except for livestock shelters,
shall be as set forth in this section. Yard requirements for livestock
shelters shall be as allowed for other detached buildings in the Agriculture
District.
(3)
Lots established after February 11, 1974, with single-family
residences as the principal use shall not be divided to establish
additional residential lots.
[Added 6-18-2002]
E.
Intensity of use regulations.
(2)
Minimum lot width (This section shall not apply to
electric and telephone substations and distribution centers, water
wells and pumping stations, sewage pumping stations, gas regulator
stations, compressor stations and equipment and facilities used in
the underground storage or distribution of natural gas by public utilities.):
[Amended 2-20-2001]
(3)
Maximum impervious surface coverage: 30%.
F.
Area.
(1)
Total accessory structure area (excluding attached
garages, barns/livestock shelters constructed prior to July 27, 1966,
corn cribs, etc.):
[Amended 2-20-2001; 6-18-2002]
(a)
On lots one acre to six acres in areas containing
five or more lots: 2,400 square feet.
(b)
On lots less than five acres: 3,600 square feet
(excluding barns/livestock shelters less than 2,000 square feet in
area and area used for indoor riding arenas).
[Amended 6-17-2008]
(c)
On lots five acres or more: 4,200 square feet
(excluding barns/livestock shelters less than 2,000 square feet in
area built after July 27, 1966, and area used for indoor riding arenas).
[Amended 6-17-2008]
(2)
Accessory buildings for the storage and repair of
agricultural machinery and equipment owned and used by the occupant
of a dwelling found to be necessary for the conduct of agriculture
are not limited by this section.
G.
Limitations on the construction of new single-family residences and the subdivision of parent tracts in the Agriculture Zoning District. The following provisions shall apply in conjunction with the provisions of Chapter 317, Subdivision of Land. Where residential uses are established by special use, the acreage of the residential tract may be reduced administratively, provided there is compliance with other regulations.
[Amended 6-18-2002; 6-17-2008]
(1)
A single-family dwelling unit on a lot of record existing
on February 11, 1974, is a permitted use in the Agriculture Zoning
District.
(2)
A single-family dwelling unit on land unsuitable for
farming is a permitted use.
(a)
The designation of land unsuitable for farming
shall include:
[1]
Former or existing farmsteads composed of mature
trees, grasses, agricultural buildings or building foundations.
[2]
Land that contains at least two of the following
conditions:
[a]
Highly erodible soils as defined
by Soil and Water Conservation District.
[b]
Soils with a Productivity Index
value of less than 120.
[c]
Wooded areas containing at least
a total of 60 inches of trunk diameter measured two feet above the
ground of trees larger than five inches' trunk diameter measured two
feet above the ground.
[d]
Unusual size and/or configuration.
[e]
Land with 50% of its area with
slopes exceeding 5%.
(b)
The required minimum lot area is one acre and
the maximum permissible lot area is three acres. Lot areas in excess
of this limit require the issuance of a special use permit. No more
than one special use permit, per the original parcel as it existed
on February 11, 1974, shall be allowed.
(c)
The number of lots created on land unsuitable
for farming shall not exceed one for every 40 acres of the original
parcel that existed on February 11, 1974. Lots established after February
11, 1974, and set aside from the original farm parcel as non-farm
single-family dwelling lots shall count in the determination in the
number of allowable non-farm dwelling lots.
(3)
A single-family dwelling unit for a farm operator
is a permitted use in the Agriculture Zoning District. A person will
be designated a farm operator by being listed on the farm operators
list of the United States Farm Service Agency.
(a)
The required minimum lot area for a farm operator
in the Agriculture Zoning District is one acre, and the maximum permissible
lot area is five acres. Lots in excess of this limit must get a special
use permit.
[Amended 2-17-2015]
(b)
A farm operator will be allowed only one single-family
dwelling unit as a permitted use in the Agriculture Zoning District.
(4)
A single-family dwelling unit for a farm owner is
a permitted use in the Agriculture Zoning District.
(a)
The required minimum lot area for a farm owner
is one acre, and the maximum permissible area is three acres. Lots
in excess of this limit must get a special use permit.
[Amended 6-18-2002]
(b)
In the case of farms owned by corporations,
partnerships, trusts or other forms of multiple-person ownership,
the ownership entity shall be treated as one person.
(c)
The number of lots created by farm owners shall
not exceed one lot for every 80 acres of the original parcel that
existed on February 11, 1974. Special use permits granted for non-farm
dwellings on the original parcel since February 11, 1974, shall count
in the determination in the number of allowable non-farm dwelling
lots.
(5)
A single-family dwelling unit for the son, daughter,
mother or father of a farm owner shall be permitted by a special use
permit in the A Agriculture Zoning District.
(6)
The right to build a non-farm residence in the Agriculture
Zoning District not listed in the previous regulations of this article
shall require a special use permit. The purpose of this section is
not to undermine the intent of the previous regulations. An applicant
will need to demonstrate unique circumstances that merit the granting
of a special use permit.
I.
Yard regulations.
(1)
Exterior setback:
[Amended 6-18-2002]
(a)
A minimum of 30 feet for all residential dwellings
and accessory structures;
(b)
A minimum of 50 feet for all other principal
and accessory buildings; and
(c)
A minimum of 50 feet for any building or structure
sheltering livestock or poultry when the exterior lot line is located
within 200 feet of an R-1 or R-2 District or any lot containing a
dwelling as a principal use. Otherwise, such buildings or structures
shall be located in accordance with the applicable setback.
(2)
Interior setbacks.
(a)
Interior side setback. A minimum of 20 feet
on each side for residential structures and a minimum of 30 feet for
all other structures. For any lot in existence on the effective date
of this ordinance[1] that is less than 100 feet in width and is used for a
single-family dwelling, this may be reduced to five feet.
[Amended 2-20-2001]
[1]
Editor's Note: "This ordinance" refers to
the amendment adopted 2-20-2001.
(b)
Interior rear setback: a minimum of 40 feet
for residential structures, and a minimum of 50 feet for all other
structures.
(c)
Any building or structure sheltering livestock
or poultry shall be set back a minimum of 50 feet from any interior
lot line when the interior lot line is located within 200 feet of
an R-1 or R-2 District or any lot containing a dwelling as a principal
use. Otherwise, such buildings or structures shall be located in accordance
with the applicable setback.
A.
Intent. The R-1 Single-Family Residential District
is intended to provide low-density single-family dwelling use and
to allow certain public facilities. It is intended that no uses be
permitted within the R-1 District that will tend to devalue property
for residential purposes or interfere with the health, safety, order
or general welfare of persons residing in the district. The provisions
of the R-1 District are also intended to control density of population
and provide adequate open space around buildings and structures in
the district to accomplish these purposes.
B.
Permitted uses. Generally, single-family dwellings, parks, educational and religious uses are permitted. For a general listing of permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in the Article VI.
D.
F.
Yard regulations.
(1)
Exterior setback: a minimum of 30 feet, except a minimum
of 150 feet for any building or structure sheltering livestock or
poultry.
[Amended 2-20-2001]
(2)
Interior setbacks:
(a)
Interior side setback: 20 feet on each side.
The interior side yard for any lot in existence on the effective date
of this chapter that is less than 100 feet in width and is used for
a single-family dwelling may be reduced to five feet.
(b)
Interior rear setback: 40 feet. Where a rear
lot line is adjacent to a parcel of land the principal use of which
is a water impoundment, and where such rear lot line is no more than
40 feet from the water line at full impoundment capacity, rear yards
may be reduced to 20 feet.
(c)
Any building or structure sheltering livestock
or poultry shall be set back a minimum of 150 feet from any interior
lot line.
[Added 2-20-2001]
A.
Intent. The intent of the R-2 Two-Family Residential
District is to provide for moderate-density residential development,
including two-family and higher-density single-family dwellings, in
a manner which will encourage a strong residential neighborhood.
B.
Permitted uses. Generally, two-family dwellings, single-family dwellings, parks, educational and religious uses are permitted. For a general listing of permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.
D.
Intensity of use regulations. Except as modified by the provisions of Article VI:
(1)
Minimum lot area:
(a)
Not less than 22,500 square feet for each dwelling
unit served by an individual sewage disposal system.
(b)
Not less than 12,000 square feet for each dwelling
unit served by a public or community sanitary sewer and water system.
(c)
Not less than 9,600 square feet for each dwelling
unit served by both water and sewer service provided by public or
community systems and where all lots are served by a fire hydrant
system approved by the fire department having jurisdiction.
(d)
Not less than 5,500 square feet for each dwelling
unit in a multifamily residential development.
(4)
Maximum lot coverage: 40%. Total area of accessory
buildings, including attached garages, shall not exceed the following:
[Amended 2-20-2001; 6-17-2008]
F.
Yard regulations.
(1)
Exterior setback: a minimum of 30 feet.
(2)
Interior setbacks:
(a)
Interior side setback: 20 feet on each side.
The interior side yard for any lot in existence on the effective date
of this chapter which is less than 100 feet in width and is used for
a single-family dwelling may be reduced to five feet.
(b)
Interior rear setback: 40 feet. Where a rear
lot line is adjacent to a parcel of land the principal use of which
is a water impoundment, and where such rear lot line is no more than
40 feet from the water line at full impoundment capacity, rear yards
may be reduced to 20 feet.
A.
Intent. The C Commercial District is intended to provide
for the specialized types of service business and commercial establishments
which, due to their function and methods of operation, are permitted
uses only in this district. The Commercial District is intended to
be located in areas fronting a segment of a highway providing convenient
access and where the business establishments cater to highway traffic.
D.
E.
Height regulations: 35 feet.
F.
Yard regulations.
(1)
Exterior setback: a minimum of 40 feet, unless a corner
lot of record, recorded prior to the effective date of this chapter,
has insufficient width to provide such a yard of 40 feet in width
and still maintain a buildable width of 30 feet, in which case the
side yard adjoining a street may be reduced by the distance necessary
to maintain a thirty-foot buildable width.
G.
Use limitations.
(1)
Transition belts. A transition belt not less than
20 feet in width shall be provided along any interior rear or interior
side lot line when such lot line is adjacent to a residential district
or with any lot line adjacent to a lot containing a dwelling as a
principal use.
(3)
All business, storage, servicing, or processing shall
be conducted within completely enclosed buildings, except as follows:
(a)
Establishments of the "drive-in" type offering
goods or services directly to customers waiting in parked motor vehicles.
(b)
Outdoor storage which does not occupy more than
20% of the gross lot area as an accessory use to the principal use,
provided such outdoor storage area has been specifically approved
through a site plan review by the Director of Building and Zoning.
(c)
The parking of trucks as an accessory use, when
used in the conduct of a permitted use, shall be limited to vehicles
of not over 1 1/2 ton capacity when located within 150 feet of
an R-1 or R-2 District boundary line.
(4)
Exterior lighting fixtures shall be shaded so that
no direct light is cast upon any neighboring property and so that
glare is not visible to traffic on any public street.
(5)
The Zoning Board of Appeals, where it deems necessary,
may place limits on the hours of operation of any use within a C District
in order to promote and preserve the character of nearby residential
neighborhoods.
(6)
A solid or semisolid fence, hedge or wall at least
six feet but not more than eight feet high, having a density of not
less than 70% per square foot, shall be provided adjacent to an adjoining
residential district unless the adjacent residential district and
the commercial development are separated by a street or alley right-of-way.
Said fence or wall shall be maintained in good condition by the owner(s)
of the property in the C District.
(7)
All storage of materials, products or equipment, except
those related to or used for agricultural research, testing and/or
analysis purposes, shall be within a fully enclosed building or in
an open yard so screened in accordance with a site plan approved by
the Director of Building and Zoning that the materials stored are
not clearly visible within 1,000 feet of the property line. Where
topographic conditions make effective screening impractical, the Zoning
Board of Appeals may make variances as it deems advisable.
[Amended 6-17-2008]
A.
Intent. The intent of the M-1 Restricted Manufacturing
District is to permit a mix of light industrial uses that are not
obnoxious due to appearance, noise, emissions, or odor, as well as
office and limited retail commercial uses in planned industrial park
settings. Uses within this district shall not require intensive land
coverage and shall be compatibly developed with adjacent districts
through site plan review.
B.
Permitted uses. Generally, light manufacturing, wholesaling, trucking and warehousing uses, as well as office uses, are permitted. In addition, limited retail and service uses are permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.
D.
E.
Maximum height regulations: 35 feet.
F.
Yard regulations.
(1)
Exterior setback: minimum of 40 feet, except as required
by applicable performance standards.
(2)
Interior setbacks.
(a)
Interior side setback: a minimum of 10 feet,
except when adjoining an alley or railroad right-of-way, in which
case the setback may be measured from the center line of the alley
or railroad right-of-way.
(b)
Interior rear setback: minimum of 20 feet, except
when adjoining an alley or railroad right-of-way, in which case the
rear yard may be measured from the center line of the alley or railroad
right-of-way.
G.
Use limitations.
(1)
Transition belts. A transition belt not less than
30 feet in width shall be provided along any interior rear or interior
side lot line when such lot line is adjacent to a residential district
or with any lot line adjacent to a lot containing a dwelling as a
principal use.
(3)
The development of each M-1 District shall create
a campus-like environment and shall incorporate unified design standards
for the entire development which shall be approved by the Zoning Board
of Appeals at the time of rezoning.
(4)
All storage of materials, products or equipment, except
those related to or used for agricultural research, testing and/or
analysis purposes, shall be within a fully enclosed building or in
an open yard so screened in accordance with a site plan approved by
the Director of Building and Zoning that the materials stored are
not clearly visible within 1,000 feet of the property line. Where
topographic conditions make effective screening impractical, the Zoning
Board of Appeals may make variances as it deems advisable.
[Amended 6-17-2008]
(5)
A solid or semisolid fence at least six feet but not
more than eight feet high and having a density of not less than 70%
per square foot shall be provided adjacent to an adjoining residential
district unless the adjacent residential district and the industrial
district are separated by a street right-of-way. Said fence shall
be maintained in good condition by the owner or owners of the property
in the M-1 District.
(6)
No structure shall be used for residential purposes,
except that a watchman may reside within a single-family dwelling
unit as an accessory use on the premises.
(7)
All operations shall be conducted within a fully enclosed
building.
(8)
Industrial wastes shall be of such a quantity and
nature as not to overburden the private sewage disposal facilities
so as to cause odor and unsanitary effects beyond the property line.
(9)
A private street network shall be allowed where comprehensive
control of a large industrial site is required for safety or security
reasons and where no unsecured access to the site is afforded the
public.
A.
Intent. The M-2 General Manufacturing District is
intended for the purpose of allowing basic or primary industries which
are generally not compatible with residential and/or commercial activity.
Certain extremely obnoxious or hazardous uses will require special
permission to locate in this district.
B.
Permitted uses. Generally, manufacturing, wholesaling, trucking and warehousing uses, with limited retail and service uses, are permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.
D.
E.
Maximum height regulations: 35 feet.
F.
Yard regulations.
(1)
Exterior setback: minimum of 40 feet, except as required
by applicable performance standards.
(2)
Interior setbacks.
(a)
Interior side setback: a minimum of 10 feet,
except when adjoining an alley or railroad right-of-way, in which
case the setback may be measured from the center line of the alley
or railroad right-of-way.
(b)
Interior rear setback: minimum of 20 feet, except
when adjoining an alley or railroad right-of-way, in which case the
setback may be measured from the center line of the alley or railroad
right-of-way.
G.
Use limitations.
(1)
Transition belts. A transition belt not less than
30 feet in width shall be provided along any interior rear or interior
side lot line when such lot line is adjacent to a residential district
or with any lot line adjacent to a lot containing a dwelling as a
principal use.
(3)
All storage of materials, products or equipment, except
those related to or used for agricultural research, testing and/or
analysis purposes, shall be within a fully enclosed building or in
an open yard so screened in accordance with a site plan approved by
the Director of Building and Zoning that the materials stored are
not clearly visible within 1,000 feet of the property line. Where
topographic conditions make effective screening impractical, the Zoning
Board of Appeals may make variances as it deems advisable.
[Amended 6-17-2008]
(4)
A solid or semisolid fence at least six feet but not
more than eight feet high and having a density of not less than 70%
per square foot shall be provided adjacent to an adjoining residential
district unless the adjacent residential district and the industrial
district are separated by a street right-of-way. Said fence shall
be maintained in good condition by the owner or owners of the property
in the M-2 District.
(5)
No structure shall be used for residential purposes,
except that a watchman may reside on the premises.
(6)
Facilities used for agricultural research, testing
and/or analysis. In agriculture-related research facilities, the following
use limitations shall apply:
(a)
Operations required to be conducted outside
a fully enclosed building shall be conducted in controlled outdoor
areas.
(b)
A private street network shall be allowed where
comprehensive control of a large industrial site is required for safety
or security reasons and where no unsecured access to the site is afforded
the public.
(c)
Private roadways for certain agricultural-related
research and development activities may be improved with an all-weather
surface other than asphaltic concrete, such as gravel or stone. They
shall be designed to permit surface drainage without erosion of adjacent
land.
[Amended 2-20-2001; 6-17-2008]
A.
Purpose. This section is enacted pursuant to the police
powers granted to McLean County, Illinois by the county statutory
authority in 55 ILCS 5/5-1041 and 5/5-1063 in order to accomplish
the following purposes:
(1)
To prevent unwise developments from increasing flood
or drainage hazards to others;
(2)
To protect new buildings and major improvements to
buildings from flood damage;
(3)
To lessen the burden on the taxpayer for flood control,
repairs to public facilities and utilities, as well as flood rescue
and relief operations;
(4)
To lessen the burden on the taxpayer for flood control,
repairs to public facilities and utilities, and flood rescue and relief
operations;
(5)
To maintain property values and a stable tax base
by minimizing the potential for creating blight areas;
(6)
To make federally subsidized flood insurance available;
and
(7)
To preserve the natural characteristics and functions
of watercourses and floodplains in order to moderate flood and stormwater
impacts, improve water quality, reduce soil erosion, protect aquatic
and riparian habitat, provide recreational opportunities, provide
aesthetic benefits and enhance community and economic development.
B.
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
CRITICAL FACILITY
DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(2)
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FEMA
FLOOD
FLOOD FRINGE
FLOOD INSURANCE RATE MAP
FLOOD INSURANCE STUDY
FLOOD PROTECTION ELEVATION (FPE)
FLOODPLAIN and SPECIAL FLOOD HAZARD AREA (SFHA)
FLOODPROOFING
FLOODPROOFING CERTIFICATE
FLOODWAY
FREEBOARD
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
IDNR/OWR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
NFIP
RECREATIONAL VEHICLE or TRAVEL TRAILER
REPETITIVE LOSS
SFHA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
(a)
(b)
VIOLATION
Definitions. For the purposes of this section, the
following definitions are adopted:
The flood having a one-percent probability of being equaled or exceeded in any given year. The base flood is also known as the "one-hundred-year flood." The base flood elevation at any location is as defined in Subsection C of this section.
The elevation in relation to mean sea level of the crest
of the base flood.
That portion of a building having its floor subgrade (below
ground level) on all sides.
A walled and roofed structure, including gas or liquid storage
tank, that is principally above ground, including manufactured homes,
prefabricated buildings and gas or liquid storage tanks. The term
also includes recreational vehicles and travel trailers installed
on a site for more than 180 days per year.
Any facility which is critical to the health and welfare
of the population and, if flooded, would create an added dimension
to the disaster. Damage to these critical facilities can impact the
delivery of vital services, can cause greater damage to other sectors
of the community, or can put special populations at risk. Examples
of critical facilities where flood protection should be required include:
emergency services facilities (such as fire and police stations),
schools, hospitals, retirement homes and senior care facilities, major
roads and bridges, critical utility sites (telephone switching stations
or electrical transformers), and hazardous material storage facilities
(chemicals, petrochemicals, hazardous or toxic substances).
Any man-made change to real estate, including,
but not necessarily limited to:
Demolition, construction, reconstruction, repair,
placement of a building, or any structural alteration to a building;
Substantial improvement of an existing building;
Installation of a manufactured home on a site,
preparing a site for a manufactured home, or installing a travel trailer
on a site for more than 180 days per year;
Installation of utilities, construction of roads,
bridges, culverts or similar projects;
Construction or erection of levees, dams, walls
or fences;
Drilling, mining, filling, dredging, grading,
excavating, paving, or other alterations of the ground surface;
Storage of materials, including the placement
of gas and liquid storage tanks, and channel modifications or any
other activity that might change the direction, height, or velocity
of flood- or surface waters.
Development does not include routine maintenance
of existing buildings and facilities, resurfacing roads, or gardening,
plowing, and similar practices that do not involve filling, grading,
or construction of levees.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed or buildings to be constructed (including, at a
minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is
completed before the effective date of the floodplain management regulations
adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
The Federal Emergency Management Agency.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow, the unusual
and rapid accumulation, or the runoff of surface waters from any source.
That portion of the floodplain outside of the regulatory
floodway.
A map prepared by the Federal Emergency Management Agency
that depicts the floodplain or special flood hazard area (SFHA) within
a community. This map includes insurance rate zones and may or may
not depict floodways and show base flood elevations.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
The elevation of the base flood plus one foot of freeboard
at any given location in the floodplain.
These two terms are synonymous. Those lands within the jurisdiction
of the County that are subject to inundation by the base flood. The
floodplains of the Big Slough, Brooks Creek, Buck Creek, Burlison
Creek, Corn Valley Creek, Denman Creek, Eastbrook Drain, Funks Branch,
Henline Creek, Kickapoo Creek, King Mill Creek, Kings Mill Creek,
Little Crooked Creek, Little Kickapoo Creek, Little Mackinaw River,
Lone Tree Creek, Loving Branch, Mackinaw River, Middle Branch Eastbrook
Drain, Middle Fork Sugar Creek, Money Creek, Mud Creek, North Fork
Salt Creek, Prairie Creek, Rock Creek, Salt Creek, Sangamon River,
Short Point Creek, Six Mile Creek, Sugar Creek, Timber Creek, Turkey
Creek, West Branch Easterbrook Drain, West Fork Sugar Creek are generally
identified on the Countywide Flood Insurance Rate Map of McLean County
prepared by the Federal Emergency Management Agency and dated July
16, 2008. "Floodplain" also includes those areas of known flooding
as identified by the County.
Any combination of structural or nonstructural additions,
changes, or adjustments to structures which reduces or eliminates
flood damage to real estate, property and their contents.
A form published by the Federal Emergency Management Agency
that is used to certify that a building has been designed and constructed
to be structurally dry floodproofed to the flood protection elevation.
That portion of the floodplain required to store and convey
the base flood. The floodway for the floodplains of a portion of Little
Kickapoo Creek, a portion of Sugar Creek, a portion of Goose Creek,
Skunk Creek, and the West Branch of Sugar Creek and the Brookridge
Branch of Little Kickapoo Creek shall be as delineated on the Countywide
Flood Insurance Rate Map of McLean County prepared by FEMA and dated
July 16, 2008. The floodways for each of the remaining floodplains
of McLean County shall be according to the best data available from
federal, state, or other sources.
An increment of elevation added to the base flood elevation
to provide a factor of safety for uncertainties in calculations, future
watershed development, unknown localized conditions, wave actions
and unpredictable effects such as those caused by ice or debris jams.
Any structure that is:
Listed individually in the National Register
of Historic Places or preliminarily determined by the Secretary of
the Interior as meeting the requirements for individual listing on
the National Register.
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historic district
or a district preliminarily determined by the Secretary to qualify
as a registered historic district.
Individually listed on the state inventory of
historic places by the Illinois Historic Preservation Agency.
Individually listed on a local inventory of
historic places that has been certified by the Illinois Historic Preservation
Agency.
The Illinois Department of Natural Resources/Office of Water
Resources.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Subsection G of this section.
A structure, transportable in one or more sections, that
is built on a permanent chassis and is designed to be used with or
without a permanent foundation when connected to required utilities.
A parcel (or contiguous parcels) of land divided into two
or more lots for rent or sale.
Structures for which the start of construction commenced
or after the effective date of floodplain management regulations adopted
by a community and includes any subsequent improvements of such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed or buildings to be constructed (including, at a
minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of the floodplain management
regulations adopted by a community.
The National Flood Insurance Program.
A vehicle which is:
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event on the average equals or exceeds
25% of the market value of the structure before the damage occurred.
See definition of "floodplain."
Includes substantial improvement and means the date the construction
permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition placement or other improvement
was within 180 days of the permit date. The "actual start" means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns or any work beyond the stage of
excavation or placement of a manufactured home on a foundation. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
[Amended 2-17-2015]
See "building."
Damage of any origin sustained by a structure whereby the
cumulative percentage of damage subsequent to the adoption of this
chapter equals or exceeds 50% of the market value of the structure
before the damage occurred regardless of actual repair work performed.
Volunteer labor and materials must be included in this determination.
The term includes buildings subject to "repetitive loss" (see definition).
[Amended 2-17-2015]
Any reconstruction, rehabilitation, addition
or improvement of a structure taking place subsequent to the adoption
of this chapter in which the cumulative percentage of improvements:
Substantial improvement is considered to occur
when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure. This term includes structures
which have incurred repetitive loss or substantial damage, regardless
of the actual repair work done. The term does not include:
Any project for improvement of a structure to
comply with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions;
or
Any alteration of a structure listed on the
National Register of Historic Places or the Illinois Register of Historic
Places.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the required federal, state,
and/or local permits and elevation certification is presumed to be
in violation until such time as the documentation is provided.
C.
Base flood elevation. This section's protection standard
is the base flood. The best available base flood data are listed below.
Whenever a party disagrees with the best available data, the party
shall finance the detailed engineering study needed to replace the
existing data with better data and submit it to the FEMA and IDNR/OWR
for approval prior to any development of the site.
(1)
The base flood elevation for the floodplains of a
portion of Little Kickapoo Creek, a portion of Sugar Creek, a portion
of Goose Creek, Skunk Creek, West Branch of Sugar Creek and the Brookridge
Branch of Little Kickapoo Creek shall be as delineated on the one-hundred-year
flood profiles in the Countywide Flood Insurance Study of McLean County
prepared by the Federal Emergency Management Agency dated July 16,
2008.
(2)
The base flood elevation for each floodplain delineated
as an AH Zone or AO Zone shall be that elevation (or depth) delineated
on the Countywide Flood Insurance Rate Map of McLean County.
(3)
The base flood elevation for each of the remaining
floodplains delineated as an A Zone on the Countywide Flood Insurance
Rate Map of McLean County shall be according to the best data available
from federal or state sources. Should no other data exist, an engineering
study must be financed by the applicant to determine base flood elevations.
D.
Duties of the Director of Building and Zoning. The
Director of Building and Zoning shall be responsible for the general
administration of this section and ensure that all development activities
within the floodplains under the jurisdiction of McLean County meet
the requirements of this section. Specifically, the Director of Building
and Zoning shall:
(2)
Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of Subsection F;
(3)
Ensure that the building protection requirements for all buildings subject to Subsection G are met and maintain a record of the "as-built" elevation of the lowest floor (including basement) or floodproof certificate;
(5)
Ensure that water supply and waste disposal systems meet the public health standards of Subsection I;
(6)
If a variance is requested, ensure that the requirements of Subsection K are met and maintain documentation of any variances granted;
(7)
Inspect all development projects and take any and all penalty actions outlined in Subsection M as necessary to ensure compliance with this section;
(8)
Assure that applicants are aware of and obtain any
and all other required local, state, and federal permits;
(9)
Notify IDNR/OWR and any neighboring communities prior
to any alteration or relocation of a watercourse;
(10)
Provide information and assistance to citizens
upon request about permit procedures and floodplain construction techniques;
(11)
Cooperate with state and federal floodplain
management agencies to coordinate base flood data and to improve the
administration of this section;
(12)
Maintain for public inspection base flood data,
floodplain maps, copies of state and federal permits, and documentation
of compliance for development activities subject to this section;
(13)
Perform site inspections to ensure compliance
with this section and make substantial damage determinations for structures
within the floodplain, and
(14)
Maintain the accuracy of floodplain maps, including
notifying IDNR/OWR and/or submitting information to FEMA within six
months whenever a modification of the floodplain may change the base
flood elevation or result in a change to the floodplain map.
E.
Development permit. No person, firm, corporation,
or governmental body not exempted by law shall commence any development
in the floodplain without first obtaining a development permit from
the Director of Building and Zoning. The Director of Building and
Zoning shall not issue a development permit if the proposed development
does not meet the requirements of this section.
(1)
The application for a development permit shall be
accompanied by:
(a)
Drawings of the site, drawn to scale, showing
property line dimensions;
(b)
Existing grade elevations and all changes in
grade resulting from excavation or filling;
(c)
The location and dimensions of all buildings
and additions to buildings;
(d)
The elevation of the lowest floor (including the basement) of all proposed buildings subject to the requirements of Subsection G of this section; and
(e)
The cost of project or improvements as estimated
by a licensed engineer or architect. A signed estimate by a contractor
may also meet this requirement.
(2)
Upon receipt of an application for a development permit,
the Director of Building and Zoning shall compare the elevation of
the site to the base flood elevation. Any development located on land
that can be shown to be above the base flood elevation is not subject
to the requirements of this section. Any development located on land
that can be shown by survey data to be higher than the current base
flood elevation and which has not been filled after the date of the
site's first Flood Insurance Rate Map is not in the floodplain and
therefore is not subject to the requirements of this section. Conversely,
any development located on land shown to be below the base flood elevation
and hydraulically connected, but not shown on the current Flood Insurance
Rate Map, is subject to the provisions of this section. The Director
of Building and Zoning shall maintain documentation of the existing
ground elevation at the development site and certification that this
ground elevation existed prior to the date of the site's first Flood
Insurance Rate Map identification. The Director of Building and Zoning
shall be responsible for obtaining from the applicant copies of all
other federal, state, and local permits, approvals or permit-not-required
letters that may be required for this type of activity. The Director
of Building and Zoning shall not issue a permit unless all other federal,
state, and local permits have been obtained.
[Amended 2-17-2015]
F.
Preventing increased flood heights and resulting damages.
Within any floodway identified on the Countywide Flood Insurance Rate
Map, and within all other floodplains where a floodway has not been
delineated, the following standards shall apply:
(1)
Except as provided in Subsection F(2), no development shall be allowed which, acting in combination with existing and anticipated development, will cause any increase in flood heights or velocities or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement:
(a)
Bridge and culvert crossings of streams in rural
areas meeting the following conditions of the Illinois Department
of Natural Resources, Office of Water Resources, Statewide Permit
Number 2:
[1]
The crossing will not result in an increase
in water surface profile elevation in excess of 1.0 foot; and
[2]
The crossing will not result in an increase
in water surface profile elevation in excess of 0.5 foot at a point
1,000 feet upstream of the proposed structure.
[3]
There are no buildings in the area impacted
by the increases in water surface profile.
[4]
The proposed bridge or culvert crossing will
not involve straightening, enlarging, or relocating the existing channel.
[5]
The design must be certified by a professional
engineer licensed in the State of Illinois and the designs must meet
the conditions of an IDNR/OWR permit.
[6]
The design must be certified by a second licensed
professional engineer.
(b)
Barge fleeting facilities meeting the following
conditions of IDNR/OWR Statewide Permit Number 3:
[1]
The permit is only applicable when deadmen,
pier cells, or other similar anchorage devices have been permitted
by the U.S. Army Corps of Engineers.
(c)
Aerial utility crossings meeting the following
conditions of IDNR/OWR Statewide Permit Number 4:
[1]
The utility line must be constructed above the
existing one-hundred-year flood elevation or attached to an existing
bridge.
[2]
A utility line attached to an existing bridge
shall be constructed above the low cord elevation of the bridge.
[3]
No supporting towers or poles shall be located
in a river, lake or stream.
[4]
Supporting towers, including foundation and
poles, shall be designed and located so as to not cause an obstruction
of flood flows by trapping debris.
[5]
All disturbed areas shall be returned to preconstruction
grades and revegetated.
[6]
All Illinois Commerce Commission, National Electrical
Safety Code, and federal requirements must be met.
(d)
Minor boat docks meeting the following conditions
of IDNR/OWR Statewide Permit Number 5:
[1]
The boat dock must not extend more than 50 feet
into a waterway and no more than 1/4 of the width of the waterway
and shall not extend beyond the navigational limits established by
the IDNR and Corps of Engineers.
[2]
The width of the boat dock shall not be more
than 10 feet.
[3]
For L-shaped or T-shaped docks, the length of
that portion parallel to the shoreline must not exceed 50% of the
landowner's shoreline frontage nor 50 feet.
[4]
Docks must be aligned so as not to cross the
projection of property lines into the waterway or come within 10 feet
of the projected property line.
[5]
Dock posts must be marked by reflective devices.
[6]
The boat dock must be securely anchored to prevent
detachment during times of high wind or water.
[7]
Metal drums or containers may not be used as
buoyancy units unless they are filled with flotation foam. Containers
which previously stored pesticides, herbicides, or any other toxic
chemicals are not permissible.
[8]
This permit does not authorize any other related
construction activity such as shore protection or fill.
[9]
Nonfloating boat docks must be constructed in
a manner which will minimize obstruction to flow.
[10]
At any future date, the permittee
must agree to make necessary modifications to the dock as determined
by the IDNR or Corps of Engineers.
(e)
Minor, nonobstructive activities meeting the
following conditions of IDNR/OWR Statewide Permit Number 6:
[1]
The following activities (not involving fill
or positive change in grade) are covered by this permit:
[a]
The construction of underground
utility lines, wells, or septic tanks not crossing a lake or stream.
[b]
The construction of light poles,
sign posts, and similar structures.
[c]
The construction of sidewalks,
driveways, athletic fields (excluding fences), patios, and similar
structures.
[d]
The construction of properly anchored,
unwalled, open structures such as playground equipment, pavilions,
and carports.
[e]
The placement of properly anchored
buildings not exceeding 70 square feet in size nor 10 square feet
in any dimension. Only one such building on a property is authorized
by this statewide permit.
[f]
The raising of existing buildings,
provided no changes are made to the outside dimensions of the building
and the placement of fill is not involved.
(f)
Outfall structures and drainage ditch outlets
meeting the following conditions of IDNR/OWR Statewide Permit Number
7:
[1]
Any outfall structure, including any headwall
or end-section, shall not extend riverward or lakeward of the existing
adjacent natural bank slope or adjacent bank protection.
[2]
The velocity of the discharge shall not exceed
the scour velocity of the channel soil, unless channel erosion would
be prevented by the use of riprap or other design measures.
[3]
Outlets from drainage ditches shall not be opened
to a stream until the ditch is vegetated or otherwise stabilized to
minimize stream sedimentation.
[4]
Disturbance of streamside vegetation shall be
kept to a minimum during construction to prevent erosion and sedimentation.
All disturbed floodway areas, including the stream banks, shall be
restored to their original contours and seeded or otherwise stabilized
upon completion of construction.
(g)
Underground pipeline and utility crossings meeting
the conditions of IDNR/OWR Statewide Permit Number 8:
[1]
In all cases, the crossing shall be placed beneath
the bed of the river, lake or stream and, unless the crossing is encased
in concrete or entrenched in bedrock, a minimum of three feet of cover
shall be provided. The river, lake or stream bed shall be returned
to its original condition.
[2]
Disturbance of streamside vegetation shall be
kept to a minimum during construction to prevent erosion and sedimentation.
All disturbed floodway areas, including stream banks, shall be restored
to their original contours and seeded or otherwise stabilized upon
completion of construction.
[3]
Any utility crossing carrying material which
may cause water pollution, as defined by the Environmental Protection
Act (415 ILCS 5), shall be provided with shut-off valves on each side
of the body of water to be crossed.
[4]
If blasting is to be utilized in the construction
of the crossing, the permittee shall notify the IDNR/OWR at least
10 days prior to the blasting date to allow monitoring of any related
fish kills.
(h)
Bank stabilization projects meeting the conditions
of IDNR/OWR Statewide Permit Number 9:
[1]
Only the following materials may be utilized
in urban areas: stone and concrete riprap, steel sheet piling, cellular
blocks, fabric-formed concrete, gabion baskets, rock and wire mattresses,
sand/cement filled bags, geotechnical fabric materials, natural vegetation
and treated timber. Urban areas are defined as areas of the state
where residential, commercial, or industrial development currently
exists or, based on land use plans or controls, is expected to occur
within 10 years. (The Department should be consulted if there is a
question of whether or not an area is considered urban.)
[2]
In addition to the materials listed in Subsection F(1)(h)[1], other materials (e.g., tire revetments) may be utilized in rural areas, provided all other conditions of this permit are met.
[3]
The following materials shall not be used in
any case: auto bodies, garbage or debris, scrap lumber, metal refuse,
roofing materials, asphalt or other bituminous materials, or any material
which would cause water pollution as defined by the Environmental
Protection Act (415 ILCS 5).
[4]
The affected length of shoreline, stream bank,
or channel to be protected shall not exceed, either singularly or
cumulatively, 1,000 feet.
[5]
All material utilized shall be properly sized
or anchored to resist anticipated forces of current and wave action.
[6]
Materials shall be placed in a way which would
not cause erosion or the accumulation of debris on properties adjacent
to or opposite the project.
[7]
Materials shall not be placed higher than the
existing top of the bank.
[8]
Materials shall be placed so that the modified
bank full-width and cross-sectional area of the channel will conform
to or be no more restrictive than that of the natural channel upstream
and downstream of the site. For projects involving continuous placement
of riprap along the bank, toe of the bank or other similar applications,
in no case shall the cross-sectional area of the natural channel be
reduced by more than 10% nor the volume of material placed exceed
two cubic yards per lineal foot of the stream bank or shoreline. The
bank may be graded to obtain a flatter slope and to lessen the quantity
of material required.
[9]
If broken concrete is used, all protruding materials
such as reinforcing rods shall be cut flush with the surface of the
concrete and removed from the construction area.
[10]
Disturbance of vegetation shall
be kept to a minimum during construction to prevent erosion and sedimentation.
All disturbed areas shall be seeded or otherwise stabilized upon completion
of construction.
[11]
In the case of seawalls and gabion
structures on lakes, the structure shall be constructed at or landward
of the water line as determined by the normal pool elevation, unless:
[12]
Excess material excavated during
the construction of the bank or shoreline protection shall be placed
in accordance with local, state, and federal laws and rules and shall
not be placed in a floodway.
(i)
Accessory structures and additions to existing
residential buildings meeting the conditions of IDNR/OWR Statewide
Permit Number 10:
[1]
The accessory structure or building addition
must comply with the requirements of the local floodplain ordinance.
[2]
The principal structure to which the project
is being added must have been in existence on the effective date of
this permit (July 25, 1988).
[3]
The accessory structure or addition must not
exceed 500 square feet in size and must not deflect floodwaters onto
another property.
[4]
The accessory structure or addition must not
involve the placement of any fill material.
[5]
No construction shall be undertaken in or within
50 feet of the bank of the stream channel.
[6]
The accessory structure or addition must be
properly anchored to prevent its movement during flood conditions.
[7]
Only one accessory structure or addition to
an existing structure shall be authorized by this permit; plans for
any subsequent addition must be submitted to IDNR/OWR for review.
[8]
Disturbances of vegetation shall be kept to
a minimum during construction to prevent erosion and sedimentation.
All disturbed floodway areas shall be seeded or otherwise stabilized
upon completion of construction.
(j)
Minor maintenance dredging activities meeting
the following conditions of IDNR/OWR Statewide Permit Number 11:
[1]
The affected length of the stream shall not
either singularly or cumulatively exceed 1,000 feet.
[2]
The project shall not include the construction
of any new channel; all work must be confined to the existing channel
or to reestablishing flows in the natural stream channel.
[3]
The cross-sectional area of the dredged channel
shall conform to that of the natural channel upstream and downstream
of the site.
[4]
Dredged or spoil material shall not be disposed
of in a wetland and shall be either:
[a]
Removed from the floodway;
[b]
Used to stabilize an existing bank,
provided no materials would be placed higher than the existing top
of bank and provided the cross-sectional area of the natural channel
would not be reduced by more than 10%, nor the volume of material
placed exceed two cubic yards per lineal foot of streambank;
[c]
Used to fill an existing washed-out
or scoured floodplain area such that the average natural floodplain
elevation is not increased;
[d]
Used to stabilize and existing
levee, provided the height of the levee would not be increased nor
its alignment changed;
[e]
Placed in a disposal site previously
approved by the Department in accordance with the conditions of the
approval; or
[f]
Used for beach nourishment, provided
the material meets all applicable water quality standards.
[5]
Disturbance of streamside vegetation shall be
kept to a minimum during construction to prevent erosion and sedimentation.
All disturbed floodway areas, including the stream banks, shall be
seeded or otherwise stabilized upon completion of construction.
(k)
Bridge and culvert replacement structures and
bridge widening meeting the following conditions of IDNR/OWR Statewide
Permit Number 12:
[1]
A licensed professional engineer shall determine
and document that the existing structure has not been the cause of
demonstrable flood damage. Such documentation shall include, at a
minimum, confirmation that:
[2]
A licensed professional engineer shall determine
that the new structure will provide the same or greater effective
waterway opening as the existing structure. For bridge widening projects,
the existing piers and the proposed pier extensions must be in line
with the direction of the approaching flow upstream of the bridge.
[3]
The project shall not include any appreciable
raising of the approach roads. (This condition does not apply if all
points on the approaches exist at an elevation equal to or higher
than the one-hundred-year frequency flood headwater elevation as determined
by a FEMA flood insurance study completed or approved by IDNR/OWR.)
[4]
The project shall not involve the straightening,
enlargement or relocation of the existing channel of the river or
stream except as permitted by the Department's Statewide Permit Number
9 (minor shoreline, channel and streambank protection activities)
or Statewide Permit Number 11 (minor maintenance dredging activities).
[5]
The permittee shall maintain records of projects
authorized by this permit necessary to document compliance with the
above conditions.
(l)
Temporary construction activities meeting the
following conditions of IDNR/OWR Statewide Permit Number 13:
[1]
No temporary construction activity shall be
commenced until the individual permittee determines that the permanent
structure (if any) for which the work is being performed has received
all required federal, state and local authorizations.
[2]
The term "temporary" shall mean not more than
one construction season. All temporary construction materials must
be removed from the stream and floodway within one year of their placement
and the area returned to the conditions existing prior to the beginning
of construction. No desired subsequent or repetitive material placement
shall occur without the review and approval of the IDNR/OWR.
[3]
The temporary project shall be constructed such
that it will not cause erosion or damage due to increases in water
surface profiles to adjacent properties. For locations where there
are structures in the upstream floodplain, the temporary project shall
be constructed such that all water surface profile increases, due
to the temporary project, are contained within the channel banks.
[4]
This permit does not authorize the placement
or construction of any solid embankment or wall such as a dam, roadway,
levee, or dike across any channel or floodway.
[5]
No temporary structure shall be placed within
any river or stream channel until a licensed professional engineer
determines and documents that the temporary structure will meet the
requirements of Special Condition Number 3 of this statewide permit.
Such documentation shall include, at a minimum, confirmation that
no buildings or structures will be impacted by the backwater induced
by the temporary structure.
[6]
The permittee shall maintain records of projects
authorized by this permit necessary to document compliance with the
above condition.
[7]
Disturbance of vegetation shall be kept to a
minimum during construction to prevent erosion and sedimentation.
All disturbed areas shall be seeded or otherwise stabilized upon completion
of the removal of the temporary construction.
[8]
Materials used for the project shall not cause
water pollution as defined by the Environmental Protection Act (415
ILCS 5).
(m)
Any development determined by IDNR/OWR to be
located entirely within a flood fringe area shall be exempt from state
floodway permit requirements.
(2)
Other development activities not listed in Subsection F(1) may be permitted only if:
(a)
A permit has been issued for the work by IDNR/OWR
(or written documentation is provided that an IDNR/OWR permit is not
required); or
(b)
Sufficient data has been provided to FEMA when
necessary, and approval has been obtained from FEMA for a revision
of the regulatory map and base flood elevation.
G.
Protecting buildings.
(1)
In addition to the damage prevention requirements of Subsection F of this chapter, 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:
(a)
Construction or placement of a new building
or alteration of or addition to an existing building valued at more
than $1,000 or greater than 70 square feet.
[Amended 2-17-2015]
(b)
Substantial improvements or structural alterations
made to an existing building that increase the floor area by more
than 20% or equal or exceed the market value by 50%. Alteration shall
be figured cumulatively subsequent to the adoption of this chapter.
If substantially improved, the existing structure and the addition
must meet the flood protection standards of this subsection.
(c)
Repairs made to a substantially damaged building.
These repairs shall be figured cumulatively subsequent to the adoption
of this section. If substantially damaged, the entire structure must
meet the flood protection standards of this subsection.
(d)
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.)
(e)
Installing a travel trailer or recreational
vehicle on a site for more than 180 days per year.
(2)
Residential or nonresidential buildings can meet the
building protection requirements by one of the following methods:
(a)
The building may be constructed on permanent
land fill in accordance with the following:
[1]
The lowest floor (including basement) shall
be at or above the flood protection elevation;
[2]
The fill shall be placed in layers no greater
than six inches before compaction and should extend at least 10 feet
beyond the foundation before sloping below the flood protection elevation;
[3]
The fill shall be protected against erosion
and scour during flooding by vegetative cover, riprap, or other structural
measures;
[4]
The fill shall be composed of rock or soil and
not incorporated debris or refuse material; and
[5]
The fill 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.
[Amended 2-17-2015]
(b)
The building may be elevated on solid walls
in accordance with the following:
[1]
The building or improvements shall be elevated
on stilts, piles, walls, crawl space, or other foundation that is
permanently open to floodwaters;
[2]
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;
[3]
If walls are used, all enclosed areas below
the flood protection elevation shall address hydrostatic pressures
by allowing the automatic entry and exit of floodwaters. Designs must
either be certified by a licensed professional engineer or by having
a minimum of one permanent opening on each wall no more than one foot
above grade with a minimum of two openings. The openings shall provide
a total net area of not less than one square inch for every one square
foot of enclosed area subject to flooding below the base flood elevation;
and
[4]
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.
[a]
All structural components below
the flood protection elevation shall be constructed of materials resistant
to flood damage;
[b]
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;
[c]
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
[d]
In lieu of the above criteria,
the design methods to comply with these requirements may be certified
by a licensed professional engineer or architect.
(c)
The building may be constructed with a crawl
space located below the flood protection elevation, provided that
the following conditions are met:
[1]
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;
[2]
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 square inch per one square foot of enclosed area. The openings
shall be no more than one foot above grade;
[3]
The interior grade of the crawl space below
the flood protection elevation must not be more than two feet below
the lowest adjacent exterior grade;
[4]
The interior height of the crawl space measured
from the interior grade of the crawl to the top of the foundation
wall must not exceed four feet at any point;
[5]
An adequate drainage system must be installed
to remove floodwaters from the interior area of the crawl space within
a reasonable period of time after a flood event;
[6]
Portions of the building below the flood protection
elevation must be constructed with materials resistant to flood damage;
and
[7]
Utility systems within the crawl space must
be elevated above the flood protection elevation.
(3)
Nonresidential buildings may be structurally dry floodproofed
(in lieu of elevation), provided a licensed professional engineer
or architect certifies that:
(a)
Below the flood protection elevation the structure
and attendant utility facilities are watertight and capable of resisting
the effects of the base flood.
(b)
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.
(c)
Floodproofing measures will be incorporated
into the building design and operable without human intervention and
without an outside source of electricity.
(d)
Levees, berms, floodwalls and similar works
are not considered floodproofing for the purpose of this subsection.
(4)
Manufactured homes or travel trailers to be permanently
installed on site shall be:
(5)
Travel trailers and recreational vehicles on site for more than 180 days per year shall meet the elevation requirements of Subsection G(4) unless the following conditions are met:
(a)
The vehicle must be either self-propelled or
towable by a light-duty truck;
(b)
The hitch must remain on the vehicle at all
times;
(c)
The vehicle must not be attached to external
structures such as decks and porches;
(d)
The vehicle must be designed solely for recreation,
camping, travel, or seasonal use rather than as a permanent dwelling;
(e)
The vehicle's largest horizontal projections
must be no larger than 400 square feet;
(f)
The vehicle's wheels must remain on axles and
inflated;
(g)
Air-conditioning units must be attached to the
frame so as to be safe for movement from the floodplain;
(h)
Propane tanks as well as electrical and sewage
connections must be quick-disconnect and above the one-hundred-year
flood elevation;
(i)
The vehicle must be licensed and titled as a
recreational vehicle or park model; and
(6)
Garages, sheds or other minor accessory structures
constructed ancillary to an existing residential use may be permitted,
provided the following conditions are met:
(a)
The garage or shed must be nonhabitable.
(b)
The garage or shed must be used only for the
storage of vehicles and tools and cannot be modified later into another
use.
(c)
The garage or shed must be located outside of
the floodway or have the appropriate state and/or federal permits.
(d)
The garage or shed must be on a single-family
lot and be accessory to an existing principal structure on the same
lot.
(e)
Below the base flood elevation, the garage or
shed must be built of materials not susceptible to flood damage.
(f)
All utilities, plumbing, heating, air conditioning
and electrical must be elevated above the flood protection elevation.
(g)
The garage or shed must have at least one permanent
opening on each wall not more than one foot above grade with one square
inch of opening for every one square foot of floor area.
(h)
The garage or shed must be less than $10,000
in market value or replacement cost, whichever is greater, or less
than 500 square feet.
(i)
The structure shall be anchored to resist flotation
and overturning.
(j)
All flammable or toxic materials (gasoline,
paint, insecticides, fertilizers, etc.) shall be stored above the
flood protection elevation.
(k)
The lowest floor elevation should be documented
and the owner advised of the flood insurance implications.
H.
Subdivision requirements.
(1)
The McLean County Zoning Board of Appeals shall take
into account hazards, to the extent that they are known, in all official
actions related to land management use and development.
(2)
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 Subsections F and G of this section. Any proposal for such development shall include the following data:
(a)
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;
(b)
The boundary of the floodway when applicable;
and
(c)
A signed statement by a licensed 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).
(3)
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.
I.
Public health and other standards.
(1)
Public health standards must be met for all floodplain development. In addition to the requirements of Subsections F and G of this section, the following standards apply:
(a)
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 certified by a professional engineer or in a floodproofed building constructed according to the requirements of Subsection G of this section.
(b)
Public utilities and facilities such as sewer,
gas and electric shall be located and constructed to minimize or eliminate
flood damage.
(c)
Public sanitary sewer systems and water supply
systems shall be located and constructed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the
systems into floodwaters.
(d)
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 aboveground openings located below the flood protection elevation
shall be watertight.
(e)
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 five-hundred-year flood frequency elevation or three feet above
the level of the one-hundred-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.
(2)
All other activities defined as development shall
be designed so as not to alter flood flows or increase potential flood
damages.
J.
Carrying capacity and notification. For all projects
involving channel modification, fill, or stream maintenance (including
levees), the flood-carrying capacity of the watercourse shall be maintained.
In addition, McLean County shall notify adjacent communities in writing
30 days prior to the issuance of a permit for the alteration or relocation
of the watercourse.
K.
Variances. Whenever the standards of this section
place undue hardship on a specific development proposal, the applicant
may apply to the McLean County Zoning Board of Appeals for a variance.
The McLean County Zoning Board of Appeals shall review the applicant's
request for a variance and shall submit its recommendation to the
McLean County Board. The McLean County Board may attach such conditions
to granting of a variance as it deems necessary to further the intent
of this section.
(1)
No variance shall be granted unless the applicant
demonstrates that all of the following conditions are met:
(a)
The development activity cannot be located outside
the floodplain;
(b)
An exceptional hardship would result if the
variance were not granted;
(c)
The relief requested is the minimum necessary;
(d)
There will be no additional threat to public
health, safety or creation of a nuisance;
(e)
There will be no additional public expense for
flood protection, rescue or relief operations, policing, or repairs
to roads, utilities, or other public facilities;
(f)
The applicant's circumstances are unique and
do not establish a pattern inconsistent with the intent of the NFIP;
and
(g)
All other state and federal permits have been
obtained.
(2)
The Director of Building and Zoning shall notify an applicant in writing that a variance from the requirements of the building protection standards of Subsection G that would lessen the degree of protection to a building will:
(a)
Result in increased premium rates for flood
insurance up to $25 per $100 of insurance coverage;
(b)
Increase the risk to life and property; and
(c)
Require that the applicant proceed with knowledge
of these risks and that the applicant acknowledge in writing the assumption
of the risk and liability.
(3)
Variances to the building protection requirements of Subsection G of this section which are requested in connection with reconstruction, repair, or alteration of an historic site or historic structure as defined in "historic structures,"[2] may be granted using criteria more permissive than the requirements of Subsections F and G of this section subject to the conditions that:
L.
Disclaimer of liability. The degree of protection
required by this section 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 section does
not imply that development either inside or outside of the floodplain
will be free from flooding or damage. This section does not create
liability on the part of McLean County or any officer or employee
thereof for any flood damage that results from proper reliance on
this section or any administrative decision made lawfully thereunder.
M.
Penalty. 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 section. Upon
due investigation, the McLean County State's Attorney may determine
that a violation of the minimum standards of this section exists.
The McLean County State's Attorney shall notify the owner in writing
of such violation.
(1)
If such owner fails after 10 days' notice to correct
the violation:
(a)
McLean County shall make application to the
Circuit Court for an injunction requiring conformance with this section
or make such other order as the court deems necessary to secure compliance
with this section;
(b)
Any person who violates this section shall,
upon conviction thereof, be fined not less than $50 nor 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)
McLean County shall record a notice of violation
on the title of the property.
(2)
The McLean County State's 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.
(a)
The McLean County State's 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.
(b)
No site development permit shall be permanently
suspended or revoked until a hearing is held by the McLean County
Zoning Board of Appeals. Written notice of such hearing shall be served
on the permittee and shall state:
(c)
At such hearing, the permittee shall be given
an opportunity to present evidence on his/her behalf. At the conclusion
of the hearing, the McLean County Zoning Board of Appeals shall determine
whether the permit shall be suspended or revoked.
(3)
Nothing herein shall prevent McLean County from taking
such other lawful action to prevent or remedy any violations. All
costs connected therewith shall accrue to the person or persons responsible.
N.
Abrogation and greater restrictions. This section
repeals and replaces other ordinances adopted by the McLean County
Board to fulfill the requirements of the National Flood Insurance
Program, including February 9, 2001. However, this section does not
repeal the original resolution or ordinance adopted to achieve eligibility
in the program; nor does this section repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. Where this
section and other ordinance easements, covenants or deed restrictions
conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
