HomeMy WebLinkAboutORDINANCES-1993-107-O-939/15/93
107-0-93
AN ORDINANCE
Re -numbering and Making Certain Other
Format Changes in Title'4, Chapter 16,
"Regulating Development in Special Flood Hazard Areas"
WHEREAS, certain formal and other changes are required
in Title 4, Chapter 16, of the Evanston City Code of 1979, as
amended, "Regulating Development in Special Flood Hazard Areas"
(hereinafter, "the Ordinance"), and
NOW, THEREFORE, IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That "Director of Building and zoning" is
changed to "Director of Building and Property Services" in each
and every place throughout the text of the Ordinance.
SECTION 2: That sections 4-16-4-9(b),(c),(d), and (e)
of the Ordinance are revised by renumbering all cited subsections
of section 4-16-7, with no other changes, reading as follows:
4-16-4-9: STATE PERMITS. Ensure that construction
authorization has been granted by the Illinois Division of Water
Resources, for all development projects subject to Section 4-16-7
and 4-16-8 of this Ordinance, unless enforcement responsibility
has been delegated to the City. Upon acceptance of this
Ordinance by DWR and FEMA, responsibility is hereby delegated to
the City as per 92 Ill. Adm. Code 708 for construction in the
regulatory floodway and flood plain when floodways have not been
defined in Sections 4-16-7 and 4-16-8 of this Ordinance. However,
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the following review approvals are not delegated to the City and
shall require review or permits from DWR:
a. Organizations which are exempt from this
Ordinance, as -per the Illinois Compiled
Statutes;
b. Department of Transportation projects, dams or
impoundment structures as defined in Section 4-16-
2 and all other state, federal or local unit of
government projects, including projects of the
City and County, except for those projects
meeting the requirement of Section 4-16-7-9;
C. An engineer's determination that an existing
bridge or culvert crossing is not a source of
flood damage and the analysis indicating the
proposed flood profile, per Section 4-16-7-5(e);
d. An engineer's analysis of the flood profile due to
Section 4-16-7-5(d);
e. Alternative transition sections and hydraulically
equivalent compensatory storage as indicated in
Section 4-16-7-5 (a), (b), and (h).
f. Permit issuance of structures within or over
publicly navigable rivers, lakes, and streams;
g. Any changes in the Base Flood Elevation or
floodway locations; and,
h. Base Flood Elevation determination where none now
exist.
SECTION 3: That section 4-16-6-7 is revised by adding
a new penultimate sentence, reading as follows:
4-16-6-7: Compensatory Storage. Whenever any portion of a
flood plain is authorized for use, the volume of space which will
be occupied by the authorized fill or structure below the base
flood or 100-year frequency flood elevation shall be compensated
for and balanced by a hydraulically equivalent volume of
excavation taken from below the base flood or 100-year frequency
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flood elevation. The excavation volume shall be at least equal
to 1.5 times the volume of storage lost due to the fill or
structure. In the case of streams and watercourses, such
excavation shall be made opposite or adjacent to the areas so
filled or occupied. All flood plain storage lost below the
existing ten-year flood elevation shall be replaced below the
proposed ten-year flood elevation. All floodplain storage lost
above the existing ten-year flood elevation shall be replaced
above the proposed ten-year flood elevation. All such
excavations shall be constructed to drain freely and openly to
the watercourse.
SECTION 5: That the reference in section 4-16-7-2(N)
to section 4-16-8 is changed to section 4-16-7-4.
SECTION 6: That section 4-16-8 is renumbered as
section 4-16-7-4.
SECTION 7: That section 4-16-8-1 is renumbered as
section 4-16-7-5, and is further revised by correcting the
computation in subsection 4-16-7-5(a)(1), by moving the footnote
from subsection 4-16-7-5(a)(III)(a) to subsection 4-16-7-5(a)(1),
by renumbering the section citations in subsections
4-16-7-5d(II) through (III)(VI) as indicated, and by changing the
word "convenience" in subsection 4-16-7-5(h) to "conveyance".
This renumbered section 4-16-7-5 remains otherwise unchanged and
is not reproduced here after subsection 4-16-7-5(h). It reads as
follows:
4-16-7-5: Within the regulatory floodway as identified on
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the regulatory floodway maps designated by DWR, the construction
of an Appropriate Use will be considered permissible provided
that the proposed project meets the following engineering
criteria and is so stated in writing with supporting plans,
calculations and data by a registered professional engineer and
provided that any structure meets the protection requirements of
Section 4-16-9 of this Ordinance.
a. Preservation of Flood Conveyance, so as Not to
Increase Flood Stages Upstream. For Appropriate Uses
other than bridge or culvert crossings, on -stream
structures or dams, all effective regulatory floodway
conveyance lost due to the project will be replaced for
all flood events up to and including the 100 year
frequency flood. In calculating effective regulatory
floodway conveyance, the following factors shall be
taken into consideration:
(1) Regulatory floodway conveyancb, "K" = 1.486 AR 2/3
n
where "n" is Manning's roughness factor, "A" is
the effective area of the cross-section, and "R"
is the ratio of the area to the wetted perimeterl.
(11) The same Manning's "n" value shall be used for
both existing and proposed conditions unless a
recorded maintenance agreement with a federal,
state, or local unit of government can assure the
proposed conditions will be maintained or the land
cover is changing from a vegetative to a non -
vegetative land cover.
(111) Transition sections shall be provided and used in
calculations of effective regulatory floodway
l(See Open Channel Hydraulics, Ven Te Chow, 1959, McGraw-
Hill Book County, New York).
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conveyance. The following expansion and
contraction ratios shall be used unless an
applicant's engineer can prove to DWR through
engineering calculations or model tests that more
abrupt transitions may be used with the same
efficiency:
(a) When water is flowing from a narrow section
to a wider section, the water should be assumed to
expand no faster than at a rate of one foot
horizontal for every four feet of the flooded
stream's length.
(b) When water is flowing from a wide section to
a narrow section, the water should be assumed to
contract no faster than at a rate of one foot
horizontal for every one foot of the flooded
stream length.
(c) When expanding or contracting flows in a
vertical direction, a minimum of one foot vertical
transition for every ten feet of stream length
shall be used.
(d) Transition sections shall be provided between
cross -sections with rapid expansions and
contractions and when meeting the regulatory
floodway delineation on adjacent properties.
(e) All cross -sections used in the calculations
shall be located perpendicular to flood flows.
b. Preservation of Floodway Storage so as Not to Increase
Downstream Flooding. Compensatory storage shall be
provided for any regulatory floodway storage lost due
to the proposed work from the volume of fill or
structures placed and the impact of any related flood
control projects. Compensatory storage for fill or
structures shall be equal to at least the volume of
flood plain storage lost. Artificially created storage
lost due to a reduction in head loss behind a bridge
shall not be required to be replaced. The compensatory
regulatory floodway storage shall be placed between the
proposed normal water elevation and the proposed 100-
year flood elevation. All regulatory floodway storage
lost below the existing ten-year flood elevation shall
be replaced below the proposed ten-year flood
elevation. All regulatory floodway storage lost above
the existing ten-year flood elevation shall be replaced
above the proposed ten-year flood elevation. All such
excavations shall be constructed to drain freely and
openly to the watercourse. If the compensatory storage
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will not be placed at the location of the proposed
construction, the applicant's engineer shall
demonstrate to DWR through a determination of flood
discharges and water surface elevations that the
compensatory storage is hydraulically equivalent.
Finally, there shall be no reduction in floodway
surface area as a result of a floodway modification,
unless such modification is necessary to reduce
flooding at an existing structure.
C. Preservation of Floodway Velocities so as Not to
Increase Stream Erosion or Flood Heights. For all
Appropriate Uses, except bridges or culverts or on -
stream structures, the proposed work will not result in
an increase in the average channel or regulatory
floodway velocities. However, in the case of bridges
or culverts or on -stream structures built for the
purpose of backing up water in the stream during normal
or flood flows, velocities may be increased at the
structure site if scour, erosion, and sedimentation
will be avoided by the use of rip -rap or other design
measures.
d. Construction of New Bridges or Culvert Crossing and
Roadway Approaches. The proposed structure shall not
result in an increase of upstream flood stages greater
than 0.1 foot when compared to the existing conditions
for all flood events up to and including the 100-year
frequency event; or the upstream flood stage increases
will be contained within the channel banks (or within
existing vertical extensions of the channel banks) such
as within the design protection grade of existing
levees or flood walls or within recorded flood
easements. If the proposed construction will increase
upstream flood stages greater than 0.1 feet, the
developer must contact DWR, Dam Safety Section for a
Dam Safety permit or waiver.
(1) The engineering analysis of upstream floodstages
must be calculating using the flood study flows,
and corresponding flood elevations for tailwater
conditions for the flood study specified in'
Section 4-16-5 of this Ordinance. Culverts must
be analyzed using the U.S. DOT, FHWA Hydraulic
Chart for the Selection of Highway Culverts.
Bridges must be analyzed using the U.S.
DOT/Federal Highway Administration Hydraulics of
Bridge Waterways calculation procedures.
(11) Lost floodway storage must be compensated for per
Section 4-16-7-5(b).
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(111) Velocity increases must be mitigated per Section
4-16-7-5(c).
(iv) If the crossing is proposed over a public water
that is used for recreational or commercial
navigation, a DOT permit must be received.
(v) The hydraulic analysis for the backwater caused by
the bridge showing the existing condition and
proposed regulatory profile must be submitted to
DWR for concurrence that a CLOMR is not required
by Section 4-16-7-4.
(vi) All excavations for the construction of the
crossing shall be designed per Section 4-16-7-
5(h).
e. Reconstruction or Modification of Existing Bridges,
Culverts, and Approach Roads.
(1) The bridge or culvert and roadway approach
reconstruction or modification shall be
constructed with no more than 0.1 foot increase in
backwater over the existing flood profile for all
flood frequencies up to and including the 100-year
event, if the existing structure is not a source
of flood damage.
(11) If the existing bridge or culvert and roadway
approach is a source of flood damage to buildings
or structures in the upstream flood plain, the
applicant's engineer shall evaluate the
feasibility of redesigning the structure to reduce
the existing backwater, taking into consideration
the effects on flood stages on upstream and
downstream properties.
(111) The determination as to whether or not the
existing crossing is a source of flood damage and
should therefore be redesigned must be prepared in
accordance with the DOT Rules 92 Ill. Adm. Code
708 (Floodway Construction in Northeastern
Illinois) and submitted to the Division for review
and concurrence before a permit is issued.
f. On -Stream Structures Built for the Purpose of backing
Up Water. Any increase is upstream flood stages
greater than 0.0 foot, when compared to the existing
conditions, for all flood events up to and including
the 100-year frequency event, shall be contained within
the channel banks (or within existing vertical
extensions of the channel banks) such as within the
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design protection grade of existing levees or flood
walls or within recorded flood easements. A permit or
letter indicating a permit is not required must be
obtained from DWR, Dam Safety Section, for a Dam Safety
permit or waiver for any structure built for the
purpose of backing up water in the stream during normal
or flood flow. All dams and impoundment structures as
defined in Section 4-16-2 shall -meet the permitting
requirements of 92 Ill. Adm. Code 709 (Construction and
Maintenance of Dams). If the proposed activity
involves a modification of the channel or floodway to
accommodate an impoundment, it shall be demonstrated
that:
(1) The impoundment is determined to be in the public
interest by providing flood control, public
recreation, or regional stormwater detention;
(11) The impoundment will not prevent the migration of
indigenous fish species, which require access to
upstream areas as part of their life cycle, such
as for spawning;
(111)The impoundment will not cause or contribute to
degraded water quality or habitat conditions.
Impoundment design should include gradual bank
slopes, appropriate bank stabilization measures,
and a pre -sedimentation basin.
(iv) A non -point source control plan has been
implemented in the upstream watershed to control
the effects of sediment runoff as well as minimize
the input of nutrients, oil and grease, metals,
and other pollutants. If there is more than one
municipality in the upstream watershed, the
municipality in which the impoundment is
constructed should coordinate with upstream
municipalities to ensure comprehensive watershed
control;
(v) The project otherwise complies with the
requirements of Section 4-16-7.
g. Flood -Proofing of Existing Habitable, Residential and
Commercial Structures. If construction is required
beyond the outside dimensions of the existing building,
the outside perimeter of the floodproofing construction
shall be placed no further than ten feet from the
outside of the building. Compensation of lost storage
and conveyance will not be required for floodproofing
activities.
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h. Excavation in the Floodway. When excavation is
proposed in the design of bridges and culvert openings,
including the modifications to and replacement of
existing bridge and culvert structures, or to
compensate for lost conveyance for other Appropriate
Uses, transition sections shall be provided for the
excavation. The following expansion and contraction
ratios shall be used unless an applicant's engineer can
prove to DWR through engineering calculations or model
tests that more abrupt transitions may be used with the
same efficiency...."
SECTION 8: That Section 4-16-8-2 is renumbered as
Section 4-16-7-6, and the Section numbers
therein cited are renumbered, to read as follows:
4-16-7-6 STATE REVIEW. For those projects listed below
located in a regulatory floodway, the following criteria shall
be submitted to DWR for their review and concurrence prior to the
issuance of a permit:
a. DWR will review an engineer's analysis of the flood
profile due to a proposed bridge pursuant to Section 4-
16-7-5(d).
b. DWR will review an engineer's determination that an
existing bridge or culvert crossing is not a source of
flood damage and the analysis indicating the proposed
flood profile, pursuant to Section 4-16-7-5(e).
C. DWR will review alternative transition sections and
hydraulically equivalent storage pursuant to Section 4-
16-7-5(a).
d. DWR will review and approve prior to the start of
construction any Department projects, dams (as defined
in Section 4-16-2 and all other state, federal or local
unit of government projects, including projects of the
municipality or county.
SECTION 9: That Section 4-16-8-3 is renumbered as
Section 4-16-7-7, and is otherwise unchanged.
SECTION 10: That Section 4-16-8-4 is renumbered as
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section 4-16-7-8 and the word "permit', is added after "DWR", to
read as follows:
4-16-7-8: DAM SAFETY PERMITS. Any work involving the
construction, modification or removal of a dam as defined in
Section 4-16-2 per 92 Ill. Adm. Code 702 (Rules for Construction
of Dams) shall obtain an Illinois Division of Water Resources Dam
Safety permit prior to the start of construction of a dam. If
the Director'of Building and Zoning finds a dam that does not
have a DWR permit, the Director of Building and --Zoning shall
immediately notify the Dam Safety Section in Springfield and the
Illinois Emergency Services and Disaster Agency (ESDA).
SECTION 11: That section 4-16-8-5 is renumbered
section 4-16-7-9, the words "do not" are added in 4-16-7-
9(a)(11), and the remainder of section 4-16-7-9 is unchanged, and 1B
therefore not reproduced here. The revised section reads as
follows:
4-16-7-9: Activities that Do Not Require a Registered
Professional Engineer's Review. The following activities may be
permitted without a registered professional engineer's review.
Such activities shall still meet the other requirements of this
Ordinance, including the mitigation requirements.
a. Underground and overhead utilities that:
1) Do not result in any increase in existing
ground elevations, or
(11) Do not require the placement of above-
ground structures in the floodway, or
SECTION 12: That section 4-16-9 is renumbered as
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section 4-16-8.
SECTION 13: That section 4-16-9-1 is renumbered as
section 4-16-8-1 and -the sections therein cited are revised
accordingly, to read as follows:
4-16-8-1: Development permit. No person, firm,
corporation, or governmental body, not exempted by state law,
shall commence any development in a SFHA or flood plain without
first obtaining a development permit from the Director of
Building and Zoning. Application for a development permit shall
be made on a form provided by'the Director of Building and
Zoning. The application shall be accompanied by drawings of the
site, drawn to scale showing property line dimensions; and
existing grade elevations and all changes in grade resulting from
excavation or filling, sealed by a licensed engineer, architect,
or surveyor; the location and dimensions of all buildings and
additions to buildings; and the elevation at the lowest floor
(including basement) of all proposed buildings subject to the
requirements of Section 4-16-9 of this ordinance.
The application for a development permit shall also include
the following information:
a. A detailed description of the proposed activity, its
purpose, and intended use;
b. Site location (including legal description) of the
property, drawn to scale, on the regulatory floodway
maps, indicating whether it is proposed to be in an
incorporated or unincorporated area;
C. Anticipated dates of initiation and completion of
activity;
d. Plans of the proposed activity shall be provided which
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include as a minimum:
(1) A vicinity map showing the site of the activity,
name of the waterway, boundary lines, names of
- roads in the vicinity of the site, graphic or
numerical scale, and north arrow;
(11) A plan view of the project and engineering study
reach showing existing and proposed conditions,
including principal dimensions of the structure or
work, elevations in mean sea level (1929
adjustment) datum or N.G.V.D., adjacent property
lines and ownership, drainage and flood control
easements, distance between proposed activity and
navigation channel (when the proposed construction
is near a commercially -navigable body of water),
flood plain limit, location and orientation of
cross sections, north arrow, and a graphical or
numerical scale;
(111) Cross-section views of the project and engineering
study reach showing existing and proposed
conditions including principal dimensions of the
work as shown in plan view, existing and proposed
elevations, normal water elevation, ten-year
frequency flood elevation, 100-year frequency 1B
flood elevation, and graphical or numerical
scales (horizontal and vertical); and
e. Engineering calculations and supporting data shall be
submitted showing that the proposed work will meet the
criteria of section 4-16-8-4.
SECTION 14: That sections 4-16-9-2, 4-16-9-3 and
4-16-9-4 are renumbered as 4-16-8-2, 4-16-8-3, and 4-16-8-41
respectively.
SECTION 15: That section 4-16-9-5 is renumbered as
section 4-16-8-5, sections therein cited are renumbered
accordingly, the words "do not" are added to subsection 4-16-8-5
(e)(1)(b), the word "build" is changed to "built" in subsection
4-16-8-5 (e)(vii), and the word "not" is added to the fifth line
of subsection 4-16-8-5 (e)(ix), reading as follows:
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4-16-8-5: Within all riverine SFHA's where the floodway has
not been determined, the following standards shall apply:
a. The developer shall have a Registered Professional
Engineer state in writing and show through supporting
plans, calculations, and data that the project meets
the engineering requirements of Section 4-16-7-5(a)
through (j) for the entire flood plain as calculated
under the provisions of Section 4-16-5-4 of this
Ordinance. As an alternative, the developer should
have an engineering study performed to determine a
floodway and submit that engineering study to DWR for
acceptance as -a regulatory floodway. Upon acceptance
of the floodway by the Department, the developer shall
then demonstrate that the project meets the
requirements of Section 4-16-7 for the regulatory
floodway. The floodway shall be defined according to
the definition in Section 4-16-2 of this Ordinance.
b. A development permit shall not be issued unless the
applicant first obtains a permit from DWR or written
documentation that a permit is not required from DWR.
C. No permit from DWR shall be required if the Division
has delegated permit responsibility to the City per 92
Ill. Adm. Code, Part 708 for regulatory floodways, per
DWR Statewide Permit entitled "Construction in Flood
Plains with No Designated Floodways in Northeastern
Illinois".
d.- Dam Safety Permits. Any -work involving the
construction, modification or removal of a dam or an
on -stream structure to impound water as defined in
Section 4-16-2 shall obtain an Illinois Division of
Water Resources Dam safety permit or letter indicating
a permit is not required prior to the start of
construction of a dam. If the Director of Building and
Zoning finds a dam that does not have a DWR permit,
the Director of Building and Zoning shall immediately
notify the owner of the dam, the Illinois ESDA and the
DWR, Dam Safety Section, in Springfield.
e. The following activities may be permitted without a
Registered Professional Engineer's review or
calculation of a base flood elevation and regulatory
floodway. Such activities shall still meet the other
requirements of this Ordinance:
(1) Underground and overhead utilities that:
(a) Do not result in any increase in existing
ground elevations, or
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(b) Do not require the placement of above -ground
structures in the floodway, or
(c) In the case of underground stream crossings,
the top of the pipe or encasement is buried a
minimum of 3' below the existing streambed, and
(d) In the case of overhead utilities, no
supporting towers are placed in the
watercourse and such utilities are designed in
such a fashion as not to catch debris.
(11) Storm and sanitary sewer outfalls that:
(a) Do not extend riverward or lakeward of the
existing adjacent natural bank slope, and
(b) Do not result in an increase in ground
elevation, and
(c) Are designed so as not to cause stream bank
erosion at the outfall location.
(111) Construction of shoreline and streambed
protection that: 9
(a) Does not exceed 1000 feet in length or 2 cubic
yards per lineal foot of streambed.
(bJ Materials are not placed higher than the
existing.top of bank.
(c) Materials are placed so as not to reduce the
cross -sectional area of the stream channel by
more than 100.
(iv) Temporary stream crossings in which:
(a) The approach roads will be 0.5' (1/2 foot) or
less above natural grade.
(b) The crossing will allow stream flow to pass
without backing up the water above the stream
bank vegetation line or above any drainage tile
or outfall invert.
(c) The top of the roadway fill in the channel will
be at least 2' below the top of the lowest
bank. Any fill in the channel shall be non -
erosive material, such as rip -rap or gravel.
(d) All disturbed stream banks will be seeded or
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otherwise stabilized as soon as possible upon
installation and again upon removal of
construction.
(e) The access road and temporary crossing will be
removed within.one year after authorization.
(v) The construction of light poles, sign posts and
similar structures;
(vi) The construction -of sidewalks, driveways, athletic
fields (excluding fences), patios and similar
surfaces which are built at grade;
(vii) The construction of properly anchored, unwalled,
open structures such as playground equipment,
pavilions, and carports built at or below
existing grade that would not obstruct the flow of
flood waters;
(viii) The placement of properly anchored buildings not
exceeding seventy (70) square feet in size, nor
ten (10) feet in any one dimension (e.g., animal
shelters and tool sheds);
(ix) The construction of additions to existing
buildings which do not increase the first floor
area by more than twenty (20) percent, which are
located on the upstream or downstream side of the
existing building, and which do not extend beyond
the sides of the existing building that are
parallel to the flow of flood waters;
(x) Minor maintenance dredging of a stream channel
where:
(a) The affected length of stream is less than 1000
feet.
(b) The work is confined to reestablishing flows in
natural stream channels, or
(c) The cross -sectional area of the dredged channel
conforms to that of the natural channel
upstream and downstream of the site.
f. The flood -carrying capacity within any altered or
relocated watercourse shall be maintained.
SECTION 16: That sections 4-16-9-6, 4-16-10, 4-16-10-1
and 4-16-10-2 are renumbered as sections 4-16-8-6, 4-16-9, 4-16-
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9-1, and 4-16-9-2, respectively.
SECTION 17: That section 4-16-10-3 is renumbered as
4-16-9-3 and the word "were" changed to "are," reading as
follows:
4-16-9-3: New and replacement water supply systems,
wells, sanitary sewer lines and on -site waste disposal systems
may be permitted provided that all manholes or other above -ground
openings located below the FPE are watertight.
4-16-9-4.
SECTION 18: That section 4-16-10-4 is renumbered as
SECTION 19: That section 4-16-10-5 is renumbered as 4-
16-9-5 and a new paragraph (d) added, reading as follows:
4-16-9-5: Protecting Buildings. All buildings located
within a 100-year flood plain, also known as a SFHA, shall be
protected from flood damage below the flood protection
elevation. However, existing buildings located within a
regulatory floodway shall also meet the more restrictive
Appropriate Use standards included in Section 4-16-7. These
building protection criteria apply to the following situations:
a. Construction or placement of a new building.
b. A structural alteration to an existing building
that either increases the first floor area by more
than 20% or the building's market value by more
than 50 % ;
C. Installing a manufactured home on a new site or a
new manufactured home on an existing site.
d. Installing a travel trailer on a site for more
than 180 days. This building protection
requirement may be met by one of the following
methods.
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SECTION 20: That sections 4-16-10-5-1 and 4-16-10-5-2
are renumbered as 4-16-9-5-1 and 4-16-9-5-2, respectively.
SECTION 21: That section 4-16-10-5-3 is renumbered as
4-16-9-5-3 and the word "dry" is added, reading as follows:
4-16-9-5-3: Only a non-residential building may be
structurally dry-floodproofed (in lieu of elevation) provided
that a registered professional engineer shall certify that the
building has been structurally dry-floodproofed below the flood
protection elevation, the structure and attendant utility
facilities are watertight and capable of resisting the effects of
the base flood or 100-year frequency flood. The building design
shall take into account flood velocities, duration, rate of rise,
hydrostatic and hydrodynamic forces, the effects of buoyancy, and
impacts from debris or ice. Floodproofing measures shall be
operable without human intervention and without an outside source
of electricity (levees, berms, floodwalls, and similar works are
not considered floodproofing for the purpose of this
subsection).
SECTION 22: That sections 4-16-10-5-4, 4-16-11, 4-16-
11-1, 4-16-11-2, 4-16-11-3, 4-16-11-4, and 4-16-12 are renumbered
as 4-16-9-5-41 4-16-10, 4-16-10-1, 4-16-10-2, 4-16-10-3, 4-16-10-
4, and 4-16-11, respectively.
SECTION 23: That section 4-16-12-1 is renumbered as 4-
16-11-1 and the sections therein cited renumbered accordingly, to
read as follows:
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4-16-11-1: No variance shall be granted unless the
applicant demonstrates that:
a. The development activity cannot be located outside
the SFHA;
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, beneficial stream uses and
functions, especially aquatic habitat, or creation
of a nuisance;
e. There will be no additional public expense for
flood protection;
f. The provisions of Sections 4-16-6-5 and 4-16-8-4
of this Ordinance shall still be met;
g. The activity is not in a regulatory floodway.
SECTION 24: That sections 4-16-13, 4-16-14, 4-16-14-11
4-16-14-2, 4-16-14-3, 4-16-15, 4-16-16, and 4-16-17 are
renumbered as 4-16-12, 4-16-13, 4-16-13-1, 4-16-13-2, 4-16-13-3,
4-16-14, 4-16-15, and 4-16-16, respectively.
SECTION 25: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 26: This ordinance shall be in full force and
effect from and after its passage, approval, and publication in
the manner provided by law.
Introduced: %�y�%%!i�`� l% ,1993
Adopted: �(.0 � l� ,1993
J
107-0-93
[7
ATTEST*,
City Clerk
Ann oved sfo
�tAo rm:
.
porati'od Counsel
•
A pro d:l.' ,�F f �1993
Mayor
19