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Chapter 9 - BUILDINGS AND BUILDING SAFETY REGULATIONS[1]Footnotes:--- (1) ---
Cross reference— Public Works Department, § 2-331 et seq.; economic development, Ch. 11; fire prevention and protection, Ch. 13; smoking regulations, § 16-5; night construction restricted, § 21-14(1); operation of power tools, § 21-14(2); planning and development, Ch. 26; streets, sidewalks and public ways, Ch. 30; sewers and water drainage, Ch. 29; subdivision regulations, Ch. 31; zoning, Ch. 37.
State Law reference— Control over buildings and construction, Ill. Rev. Stat. Ch. 24, § 11-30-1 et seq.
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ARTICLE I. - IN GENERAL
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Sec. 9-1. - Reserved.
Editor's note— C.B. No. 2005-284, § 2, adopted Nov. 15, 2005, repealed § 9-1, which pertained to compliance with codes; permit required. See also the Code Comparative Table.
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Sec. 9-2. - Fences; height, barbed wire, electrical fences.
(a)
No person shall construct any fence on an area zoned as a residence district to a height greater than eight (8) feet above the ground level, or construct on such area a fence to a height greater than three (3) feet between the front building line, where set by ordinance, and the street. Chain link, wire mesh or similar types of transparent fences may be constructed to a height no greater than six (6) feet between the front building line, where set by ordinance, and the street. Where a through lot has two (2) front building lines by definition, this subsection shall be construed to refer only to the side of the lot actually used as the front yard. On through corner lots a sight triangle as defined in section 37-98(5) shall be maintained.
(b)
No person shall erect or maintain anywhere in the City, a fence equipped with or having barbed wire, spikes or any similar device, or any electrical charge sufficient to cause shock, within seven (7) feet of the ground level, nor shall any such electrical or barbed fence be erected or maintained in any resident district.
(c)
Exceptions to residential fence requirements.
(1)
Circumstances justifying an exception to the requirements. The Planning Director, upon application made by the property owner or representative thereof, may grant a permit for the construction of a fence which does not conform to the requirements set forth in paragraphs (a) and (b) for fences in residential zoning districts if the Director finds that the deviation from those requirements is necessary to address either of the following circumstances:
a.
The condition or the nature of the improvements located upon the property pose a significant, demonstrable hazard to children and other members of the public, including but not limited to public utility stations, freestanding telecommunication towers, transmission towers, and public swimming pools; or
b.
The property has experienced a chronic problem with repeated occurrences of trespassing or other criminal activity as verified in writing by the Police Chief, and each of the following is applicable:
i.
The property has an area of five (5) or more acres.
ii.
The property is immediately adjacent to railroad tracks or a parcel zoned for commercial or industrial use.
iii.
The portion of the proposed fence which deviates from the requirements of paragraphs (a) and (b) above will only run along the boundary of the property that is immediately adjacent to the railroad tracks or parcel that is zoned for commercial or industrial use.
(2)
Application for residential fence permit. The application for said permit shall be submitted on a form provided by the Planning Director, and shall include the following:
a.
A legal description of the area that will be surrounded or bordered by the proposed fence.
b.
A site plan showing the location of the proposed fence on the property.
c.
A drawing or other representation of the appearance of the proposed fence which specifies the materials used in the construction and the height of the fence and particular features of the fence which do not otherwise comply with the requirements of paragraphs (a) or (b) above.
d.
A statement or statements which articulate why the variation should be granted.
(3)
Decision of the planning director. The Planning Director shall approve or deny the application for residential fence permit and shall notify the applicant of the decision in writing within thirty (30) days of the date of any application which satisfies the requirements set forth in paragraph (2) above. Failure of the Planning Director to render a decision in writing within the thirty (30) days prescribed above shall be construed as a denial of the application.
(Code 1975, § 14-57; C.B. No. 89-279, § 1, 10-17-89; C.B. No. 92-60, § 1, 3-3-92; C.B. No. 97-249, § 1, 9-16-97; C.B. No. 2007-041, § 1, 2-20-07)
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Sec. 9-3. - Scaffolds and ladders.
(a)
Any scaffold or ladder placed in such a way that it overhangs or can fall onto any public street, alley or other public place in the City, shall be firmly constructed and safeguarded.
(b)
No person shall place or leave any tools or articles on any such scaffold, ladder or other place in such a manner that the tools or articles can fall onto any such street, sidewalk, alley or other public place from a height greater than four (4) feet.
(Code 1975, § 14-58)
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Sec. 9-4. - Articles on window ledges.
No person shall place any movable article on any window ledge or other place abutting on a public street, alley or other place at a height above four (4) feet from the ground in such a manner that the article can be or is in danger of falling onto any such street, sidewalk, alley or other public place.
(Code 1975, § 14-59)
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Sec. 9-5. - Removing snow from sidewalks and other areas.
(a)
Every owner of a lot in the University District or Downtown District, as both districts are described in (g) below, which lot contains, abuts or fronts on a paved public sidewalk, shall remove and clear away, or cause to be removed and cleared away, snow, after at least two (2) inches of snow has accumulated, and also accumulations of ice, sleet, or freezing rain. After initial clearance, the responsible person shall maintain the sidewalk in a reasonably clear condition.
(b)
When snow, ice, or freezing rain is required to be removed, it shall be removed from the full width of the sidewalk, or at least forty-eight (48) inches in area, whichever is less in width, along the entire length of the public sidewalk which is upon, fronts or abuts the property. For owners of property most closely abutting sidewalk ramps, owners shall clear the ramps in the same fashion as the sidewalk.
(c)
Except as provided in subsection (d) of this section, snow, ice, sleet, or freezing rain shall be removed as provided in subsection (a) and (b) of this section within forty-eight (48) hours after the public announcement of the Director of Public Works set forth in section (f).
(d)
In the event snow, ice, sleet or freezing rain on a sidewalk has become so hard that it cannot be reasonably removed without damage to the sidewalk, or is otherwise largely impractical to remove, the person responsible for said removal shall cause enough sand or other abrasive material to be put on the sidewalk to make travel thereon reasonably safe, and shall maintain the sidewalk in such condition until weather permits the owner to comply with subsection (a) and (b) of this section.
(e)
The person responsible for removal of accumulations of snow, ice, sleet, or freezing rain from a sidewalk abutting a lot containing a building occupied by more than four (4) dwelling units, shall remove all snow, ice, sleet or freezing rain from the driveways and parking lots of the premises and from the walkways between the public sidewalks, parking lots, or driveways, and entrances to the dwelling units within the same time limit as specified in subsection (c) of this section.
(f)
(1)
The declaration by the Director of Public Works that accumulations of snow have reached two (2) inches, or that there exists accumulations of ice, sleet, or freezing rain shall be determinative of the amount of accumulation or event causing subsections (a) through (c) to be effective.
(2)
The declaration by the Director of Public Works of the time frame for removal or cleaning of accumulations of snow, ice, sleet or freezing rain shall be determinative of the time for removal set forth in subsection (c). Before making the announcement, the Public Works Director shall be guided by the following standards:
i.
The announcement shall be timed to roughly coincide with the substantial cessation of the precipitation event.
ii.
The announcement shall be made so that the time frame for beginning enforcement takes place Monday after 6:00 a.m. through 5:00 p.m. Friday, and not on recognized federal or state holidays.
iii
The announcement shall take into account the progress in snow removal by the City on arterial streets within the areas and be timed to coincide with the substantial completion of such operations in the area affected.
(3)
The Director of Public Works shall take practical steps to notify the City Council, the public, and news media of any such declarations provided for in this subsection. A copy of such declaration or notification shall be filed with the City Clerk.
(g)
(1)
The geographical areas where snow and ice removal and clearance are required from public sidewalks shall be defined and bounded as follows:
i.
University District: Start at the intersection of the north row line of University Avenue with the west row line of First Street, proceed east along the north row line of University Avenue to Wright Street, proceed south on Wright Street (extended) along City limit line (located at the back of east curb) to the north row line of Windsor Road, proceed west on Windsor Road along the north row line to the west row line of Neil Street, proceed north along the west row line of Neil Street line to the center line of Springfield Avenue, proceed east along the center line of Springfield Avenue to the west row line of First Street, proceed north along the west row line of First Street to beginning.
ii.
Downtown Business District: Start at the intersection of the Center line of Columbia Street extended with the east row line of the Canadian National Railroad then, west long the center line of Columbia Street to the intersection with the centerline of State Street, then south along the center line of State Street to the center line of Springfield Avenue, then east along the centerline of Springfield Avenue to the intersection with the centerline of Second Street, then north along the centerline of Second Street to the north right of way line of Washington Street, then west along the north row line of Washington Street to the East row line of the Canadian National Railroad row, then northerly along the railroad row to the point of beginning.
(2)
Subsection (e) shall be applicable throughout the City.
(h)
No fine shall be imposed for a violation of this ordinance; however
(1)
If the person responsible fails to clear snow, ice, sleet or freezing rain as provided for in this section, such person consents impliedly to the creation of a contract with the City to perform such snow, ice, sleet or freezing rain removal on behalf of such person, consistent with the terms set forth in this subsection.
(2)
After the City clears such accumulation, the person responsible for snow removal under subsection (a) of this section shall pay to the City, all the costs incurred by the City as the result of such removal including, but not limited to, all costs incurred by the City as administrative costs.
(3)
The responsible person shall pay the City's costs within twenty-eight (28) days after the City sends out a bill to such person. If such person fails to pay the full amount within the twenty-eight-day time period, such person shall additionally pay the costs of collection, including reasonable attorney's fees.
(4)
The person last paying taxes on any property subject to this section is presumed to be responsible for the costs set forth in this subsection.
(i)
This section is intended to be penal in nature and is not intended to create a civil duty or right in other parties.
(C.B. No. 78-78, § 19-41, 4-18-78; C.B No. 2007-257, § 1, 10-16-07; C.B. No. 2008-245, § 1, 12-2-08)
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Sec. 9-6. - Sidewalks.
No building permit shall be issued for construction requiring sidewalk installation or repair under Chapter 30 of the City of Champaign Municipal Code unless plans for installation or repair have been approved by the City Engineer in accordance with the current sidewalk standards contained in the Manual of Practice or this Code.
(C.B. No. 2005-266, § 1, 10-4-05)
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Secs. 9-7—9-155. - Reserved.
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ARTICLE II. - TECHNICAL CODES[2]Footnotes:--- (2) ---
Editor's note— Section 1 of Council Bill No. 93-266, adopted Oct. 5, 1993, amended Ch. 9, Art. II, §§ 9-157—9-159 and added a new Ch. 9, Art. II to read as herein set out. Former Ch. 9, Art. II pertained to similar subject matter and derived from C.B. No. 85-57, §§ 2, 4—7, adopted March 19, 1985; C.B. No. 85-151, § 4, adopted June 18, 1985; C.B. No. 86-87, §§ 1, 3—5, adopted May 6, 1986; C.B. No. 88-185, §§ 1, 2, 4, adopted July 5, 1985; C.B. No. 92-23, § 11, adopted Jan. 21, 1992 and C.B. No. 92-112, § 1, adopted April 21, 1992. Section 9-156 was retained as being unaffected by C.B. No. 93-266.
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Sec. 9-156. - Construction.
Nothing in the adoption of the codes set forth in this article shall be construed to exempt any building or structure, or portion thereof, or occupancy or use thereof, from compliance with any and all other applicable codes and ordinances of the City.
(C.B. No. 85-57, § 3, 3-19-85)
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Sec. 9-157. - Adoption by reference.
(a)
The City of Champaign, Illinois, for the purpose of establishing rules and regulations to protect the public health, safety and welfare with respect to the construction, alteration, moving, removal, demolition, equipment, use, occupancy and maintenance of buildings and structures, hereby adopts by reference and incorporates, as fully as if set out at length herein, the following codes:
International Building Code/2021
International Existing Building Code/2021
International Residential Code/2021
International Mechanical Code/2021
International Fuel Gas Code/2021
International Fire Code/2021
International Swimming Pool and Spa Code/2021
National Electrical Code (NFPA 70)/2020
Illinois Plumbing Code
Illinois Energy Conservation Code
Illinois Accessibility Code
(b)
The provisions of these codes, except for certain additions, deletions and amendments as provided for in Section 9-157(c), shall be controlling in the construction, reconstruction and maintenance of all buildings and structures within the corporate limits of the City of Champaign, Illinois, from the date on which this section shall take effect.
Where a conflict exists between codes, the standards with the more recent year of official compilation shall apply; where there is a conflict between codes of the same year, the more stringent standards shall apply.
(c)
The additions, deletions and amendments which are contained in additions, deletions and amendments to the International Building Code/2021, International Existing Building Code/2021, International Residential Code/2021, International Mechanical Code/2021, International Fuel Gas Code/2021, International Fire Code/2021, International Swimming Pool and Spa Code/2021, National Electrical Code (NFPA 70)/2020, Illinois Plumbing Code, Illinois Energy Conservation Code, and Illinois Accessibility Code, which are on file in the City Clerk's Office and made a part hereof, are hereby adopted and incorporated by reference into this Code as a part of the codes adopted in this article. Any amendments thereto enacted after February 1, 2024, shall be considered part of the codes adopted in this article.
(C.B. No. 93-266, § 1, 10-5-93; C.B. No. 95-174, § 1, 7-18-95; C.B. No. 97-57, § 1, 4-1-97; C.B. No. 98-211, §§ 1—3, 4-4-98; C.B. No. 2002-242, § 1, 9-17-02; C.B. No. 2003-046, § 1, 4-15-03; C.B. No. 2005-284, § 3, 11-15-05; C.B. No. 2008-131, § 1, 6-17-08, eff. 7-2-08; C.B. No. 2011-058, § 1, 3-15-11; C.B. No. 2013-074, § 5, 5-21-13; C.B. No. 2017-104, § 1, 5-16-17; C.B. No. 2024-002, § 1, 1-9-24)
State Law reference— Adoption of technical codes by reference, 65 ILCS 5/1-2-4 and 5/1-3-2.
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Sec. 9-158. - "Renovate" and "rehabilitate" defined.
For the purposes of the codes and the additions, deletions and amendments adopted in this article, the words "rehabilitate" and "renovate" shall be synonymous.
(C.B. No. 93-266, § 1, 10-5-93)
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Sec. 9-159. - Overhead plumbing required.
Residential one- and two-family homes for which a building permit for initial construction is issued after May 5, 1992, with levels below grade which are provided with plumbing fixtures or drains must have overhead discharge and no gravity discharge to the sewer system.
(C.B. No. 93-266, § 1, 10-5-93)
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Secs. 9-160—9-163. - Reserved.
Editor's note— C.B. No. 2005-284, § 2, adopted Nov. 15, 2005, repealed §§ 9-160—9-163, which pertained to Fire Chief's authority; Neighborhood Services Director's authority; Enforcement—Fire Chief and Same—Neighborhood Services Director. See also the Code Comparative Table.
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Sec. 9-164. - Update of Codes applicable to existing structures.
If any place in the following codes a reference is made to a Code not adopted by this Article, such reference is hereby amended and deemed to be to the equivalent section and Code adopted by this Article:
BOCA National Property Maintenance Code/1993
BOCA National Fire Prevention Code/1993
(C.B. No. 93-266, § 1, 10-5-93; C.B. No. 95-174, § 1, 7-18-95)
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Sec. 9-165. - Reserved.
Editor's note— C.B. No. 2005-284, § 2, adopted Nov. 15, 2005, repealed § 9-165, which pertained to violations. See also the Code Comparative Table.
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Secs. 9-166—9-190. - Reserved.
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ARTICLE III. - MOVING OF BUILDINGS
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DIVISION 1. - GENERALLY
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Sec. 9-191. - Lights and warnings.
Whenever a street or alley is blocked by a house or structure which is being moved, warnings to that effect shall be placed by the Police Department so as to warn vehicles and persons from entering that portion of the street so blocked. The person moving any building through the streets shall keep warning signs and lanterns or lights at night on the building so as to guard against any person or vehicle from colliding with it.
(Code 1975, § 7-15)
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Sec. 9-192. - Cutting utility wires.
Whenever it shall be necessary to interfere with wires or cables of a public utility in moving a building, the terms of any special or franchise ordinance governing shall apply and the bond therein specified shall be given. If no such terms apply, then the Director of Public Works shall estimate the expense of fixing the wires and the bond to be given to cover the expense.
(Code 1975, § 7-16)
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Sec. 9-193. - Placing on lot occupied by existing dwelling or residence prohibited.
No dwelling house or any other building used as a residence shall be moved to and placed upon a lot upon which there is an existing dwelling or building used as a residence.
(Code 1975, § 7-12)
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Secs. 9-194—9-200. - Reserved.
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DIVISION 2. - PERMIT[3]Footnotes:--- (3) ---
Cross reference— Licenses and permits generally, Ch. 19.
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Sec. 9-201. - Required.
No person shall move any building on, through or over any street, alley, sidewalk or other public place in the City without having first obtained a permit therefor from the Building Safety Supervisor as provided in this division.
(Code 1975, § 7-12; C.B. No. 92-23, § 19, 1-21-92)
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Sec. 9-202. - Application.
Application for a permit under this division shall be made in writing to the Building Safety Supervisor and shall state thereon the proposed route and the number of days it is intended that the building shall occupy any portion of any street, alley, sidewalk or other public place.
(Code 1975, § 7-12; C.B. No. 92-23, § 19, 1-21-92)
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Sec. 9-203. - Fee.
The fees for a permit to move a building shall be as set forth in Chapter 19.
(Code 1975, § 7-13; C.B. No. 79-99, 4-17-79; C.B. No. 92-23, § 19, 1-21-92; C.B. No. 2008-131, § 1, 6-17-08, eff. 7-2-08; C.B. No. 2011-058, § 1, 3-15-11)
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Sec. 9-204. - Bond required; liability insurance.
(a)
Every person applying for a permit under this division shall submit with the application, a bond in the amount of ten thousand dollars ($10,000.00) with a lawful corporate surety to be approved by the Building Safety Supervisor, conditioned on compliance with all of the provisions of this article, the payment of damages of any kind in the respect to streets, sidewalks, curbs, and any other public or private property, and agreeing to pay and hold the City harmless from any claim which may be made against it by reason of occupation of any street, alley, sidewalk or other public place by the building or structure moved.
(b)
A certificate of insurance for public liability with minimum limits of one hundred thousand dollars ($100,000.00) for bodily injury per person, three hundred thousand dollars ($300,000.00) per accident, and one hundred thousand dollars ($100,000.00) property damage, shall be submitted with the application. This insurance policy shall be a general liability policy for premises operation and automobile coverage while the building or structure is being moved. If deemed necessary by the Building Safety Supervisor, higher limits of coverage may be required as a condition for granting a permit.
(Code 1975, § 7-14; C.B. No. 75-100, 4-17-79; C.B. No. 92-23, § 19, 1-21-92; C.B. No. 2008-131, § 1, 6-17-08, eff. 7-2-08)
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Secs. 9-205—9-215. - Reserved.
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ARTICLE IV. - FLOOD DAMAGE PREVENTION[4]Footnotes:--- (4) ---
State Law reference— Control of floods and conservation of water, 615 ILCS 15/1 et seq.
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DIVISION 1. - GENERALLY
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Sec. 9-216. - Statutory authorization.
The City, as a home rule municipality, and pursuant to the State Municipal Code (Ill. Rev. Stat. Ch. 24), has the authority to adopt regulations to promote the public health, safety, and general welfare of its citizens.
(C.B. No. 81-1, § 1.1, 1-6-81)
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Sec. 9-217. - Findings of fact.
(a)
The flood hazard areas in the City and in the extraterritorial area over which the City exercises jurisdiction are subject to periodic inundation which may result in loss of life and property health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
(b)
These flood losses are caused by the cumulative effect of obstructions in special flood hazard areas which increase flood heights and velocities and damage uses in other areas. Uses that are inadequately floodproofed, elevated, anchored or otherwise protected from flood damage also contribute to flood loss.
(C.B. No. 81-1, § 1.2, 1-6-81)
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Sec. 9-218. - Statement of purpose.
It is the purpose of this article to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions through the enactment of provisions designed to:
(1)
Protect human life and health;
(2)
Minimize the expenditure of public money for costly flood control projects;
(3)
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4)
Minimize prolonged business interruptions;
(5)
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in special flood hazard areas;
(6)
Help maintain a stable tax base by providing for the sound use and development of special flood hazard areas so as to minimize future flood blight areas;
(7)
Make federally subsidized flood insurance available for property in the City;
(8)
Ensure that those who occupy special flood hazard areas assume responsibility for their actions.
(C.B. No. 81-1, § 1.3, 1-6-81)
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Sec. 9-219. - Definitions.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
Appeal means a request for a variance or a request for review of the interpretation of any provision of this article by the City Engineer or the Building Safety Supervisor.
Architect shall mean an architect registered to practice in the State.
Base flood means the flood having a one percent chance of being equalled or exceeded in any given year. The base flood is also known as the 100-year flood. The base flood elevation at any location is as defined in sections 9-222 and 9-235.
City Engineer shall mean the City Engineer of the City.
Development means any man-made change to improved or unimproved real estate in a special flood hazard area, including, but not limited to:
(1)
Construction, reconstruction, or placement of a building or an addition to a building with such construction, reconstruction, placement or addition valued at more than one thousand dollars ($1,000.00);
(2)
Installing a mobile home on a site or preparing a site for a mobile home;
(3)
Drilling, mining, installing utilities or facilities, construction of roads, bridges or similar projects valued at more than one thousand dollars ($1,000.00);
(4)
Construction or erection of levees, walls or fences;
(5)
Filling, dredging, grading, excavating, or other nonagricultural alterations of the ground surface;
(6)
Permanent storage of materials;
(7)
Any other activity that might change the direction, height, or velocity of floodwaters or surface waters.
Development does not include:
(1)
Maintenance of existing buildings and facilities such as roofing or resurfacing roads;
(2)
Repairs made to a damaged building that do not change the building's exterior dimensions and that are valued at less than fifty (50) percent of the market value of the building before the damage occurred;
(3)
Gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees;
(4)
Agricultural development activities on farms including farm residences as exempted by law.
Engineer shall mean an engineer registered to practice in the State.
Existing mobile home park or mobile home subdivision means a parcel or contiguous parcels of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets is completed before January 16, 1981.
Expansion to an existing mobile home park or mobile home subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed including the installation of utilities, either final site grading or pouring of concrete or the construction of streets.
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
Flood insurance rate map (FIRM) means the official map on which the Federal Insurance Administration has delineated both the special flood hazard areas and the risk premium zones applicable to the City.
Flood insurance study means the official report provided by the Federal Insurance Administration, including the flood boundary-floodway map and the flood insurance rate map, as amended.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation one-tenth of a foot.
Habitable floor means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.
Land surveyor shall mean a land surveyor registered to practice in the State.
Mobile home means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
New construction means structures for which the start of construction commenced on or after January 16, 1981.
New mobile home park or mobile home subdivision means a parcel or contiguous parcels of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets, is completed on or after January 16, 1981.
Special flood hazard area (SFHA) means those lands within the jurisdiction of the City that are subject to inundation by the base flood. The SFHA's of the City are generally identified on the Flood Insurance Rate Map and Flood Boundary-Floodway Map, City of Champaign, effective January 16, 1981, as amended, and the Flood Hazard Boundary Map of the County of Champaign, dated December 30, 1977, as amended.
Start of construction means the first placement of permanent construction of a structure other than a mobile home on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include the following: land preparation, such as clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms; or installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure, other than a mobile home, without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, start of construction means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, start of construction is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities, is completed.
Structure means a walled and roofed building, a mobile home, or a gas or liquid storage tank, that is principally above ground.
Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. If the applicant is unable to produce reasonable evidence of the market value prior to the occurrence of flood damage, the City Engineer or Director of Building Safety shall establish the market value by multiplying the assessed valuation by 3. For the purposes of this definition 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 the alteration affects the external dimensions of the structure. The term does not, however, 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 ensure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
Variance means a grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article.
(C.B. No. 81-1, § 2.0, 1-6-81; C.B. No. 86-245, § 1(Attach. A, § 43), 9-16-86; C.B. No. 92-23, § 19, 1-21-92)
Cross reference— Definitions and rules of construction generally, § 1-3.
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Sec. 9-220. - Methods of reducing flood losses.
In order to accomplish its purposes, this article includes methods and provisions for:
(1)
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2)
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3)
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
(4)
Controlling filling, grading, dredging, and other development which may increase flood damage;
(5)
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
(C.B. No. 81-1, § 1.4, 1-6-81)
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Sec. 9-221. - Scope.
This article shall apply to special flood hazard areas within the jurisdiction of the City.
(C.B. No. 81-1, § 3.1, 1-6-81)
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Sec. 9-222. - Basis for establishing special flood hazard areas.
The Federal Insurance Administration has identified special flood hazard areas in an engineering report entitled "The Flood Insurance Study for the City of Champaign," dated July 16, 1980, as amended, which includes flood insurance rate maps and flood boundary-floodway maps for the City, effective January 16, 1981, as amended. Outside the City limits, in areas not covered by "The Flood Insurance Study for the City of Champaign," special flood hazard areas are generally identified in the flood hazard boundary maps for Champaign County, Illinois Unincorporated Area, dated December 30, 1977, as amended. The aforementioned study and maps are hereby adopted by reference and declared to be part of this article. These studies and maps are on file in the Office of the City Clerk and in the Building Safety Division and the Engineering Division.
(C.B. No. 81-1, § 3.2, 1-6-81)
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Sec. 9-223. - Warning and disclaimer of liability.
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
(C.B. No. 81-1, § 3.5, 1-6-81)
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Sec. 9-224. - Penalty for violation.
Any person violating any provision of this article shall be fined not less than one dollar ($1.00) nor more than five hundred dollars ($500.00). A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
(C.B. No. 81-1, § 3.3, 1-6-81)
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Secs. 9-225—9-230. - Reserved.
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DIVISION 2. - ADMINISTRATION
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Sec. 9-231. - Development permit required.
No person shall commence any development in the special flood hazard area without first filing an application for a development permit and obtaining a development permit. The Building Safety Supervisor shall issue a development permit for the construction, reconstruction or placement of a building or an addition to a building valued at more than one thousand dollars ($1,000.00), provided the development meets the requirements of this article. The City Engineer shall issue development permits for all other developments which meet the requirements of this article. The City Engineer and the Building Safety Supervisor shall each provide an application for development permit appropriate to the development activities which each reviews and authorizes.
(C.B. No. 81-1, § 4.1, 1-6-81; C.B. No. 92-23, § 19, 1-21-92)
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Sec. 9-232. - Contents of development permit application.
Each application for a development permit shall include but not be limited to plans in triplicate prepared under the supervision of and sealed by an architect or engineer registered in the State, drawn to scale, showing property line dimensions of the site and, in those parts of the site which are below the base flood elevation, drawings or other information which show the following:
(1)
Existing and/or proposed grade elevations in relation to mean sea level;
(2)
The location and dimensions, where applicable, of all existing and/or proposed development, structures, fill, storage of materials, drainage facilities, etc.;
(3)
Elevation in relation to mean sea level of the lowest floor, including basement, of all structures;
(4)
Elevation in relation to mean sea level to which any structure and/or development has been or will be floodproofed;
(5)
Existing and/or proposed direction of flow of surface drainage and flood flows;
(6)
Existing and/or proposed location of all watercourses and drainage facilities;
(7)
Description of the extent to which any watercourses will be altered or relocated as a result of proposed development;
(8)
Certification by an architect or engineer, registered in the State, that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 9-252(2); and
(9)
Such other information as the City Engineer or the Building Safety Supervisor deem necessary to ensure that the development is consistent with the purposes set forth in this article.
(C.B. No. 81-1, § 4.1, 1-6-81; C.B. No. 92-23, § 19, 1-21-92)
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Sec. 9-233. - Review of development permit applications.
The Building Safety Supervisor shall issue a development permit for the construction, reconstruction or placement of a building or an addition to a building valued at more than one thousand dollars ($1,000.00), provided the development meets the requirements of this article. The City Engineer shall issue development permits for all other developments which meet the requirements of this article. Upon receipt of the appropriate application for a development permit, the City Engineer or the Building Safety Supervisor shall:
(1)
Determine that the requirements of this article are satisfied;
(2)
Inform the applicant of any and all other local, state and federal permits that may be required for this type of development activity of which the City has been informed and which the City has acknowledged in writing; a development permit will be issued only on the condition that the above-specified permits have been obtained or will subsequently be obtained;
(3)
If the proposed development is located in the floodway, ensure that the development complies with the encroachment provisions of subsection 9-253(1);
(4)
Compare the elevation of the site to the base flood elevation; any development which is located at higher elevation than the base flood elevation is not in the special flood hazard area and, therefore, not subject to the requirements of this article.
(C.B. No. 81-1, § 4.2, 1-6-81; C.B. No. 92-23, § 19, 1-21-92)
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Sec. 9-234. - Development permit fee.
If a development is regulated by another City permit for which a fee is charged, no additional fee will be required for the issuance of the development permit. If development is not regulated by another City permit for which a fee is charged, the fee which shall be charged for the development permit is set at the rate of one dollar ($1.00) per thousand dollars ($1,000.00) of estimated development cost, but in no case less than ten dollars ($10.00).
(C.B. No. 81-1, § 3.4, 1-6-81)
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Sec. 9-235. - Use of base flood elevation data.
(a)
The protection standard used in this article is the base flood elevation established according to the best data available to the State Water Survey's Floodplain Information Repository. Whenever a party disagrees with the best available data, such party may finance the detailed engineering study needed to replace existing data. The detailed engineering study shall be submitted to the State Department of Transportation, Division of Waterways, and the City Engineer for review and approval.
(b)
The base flood elevation for the special flood hazard areas of the Boneyard Creek, Upper Boneyard Creek, Third Street Boneyard Creek tributary, Copper Slough, John Street Copper Slough tributary and the Phinney Branch shall be as delineated on the 100-year flood profiles contained in the Flood Insurance Study, City of Champaign, dated July 16, 1980, as amended.
(c)
The base flood elevation for each of the remaining special flood hazard areas delineated as an "A Zone" on the Flood Hazard Boundary Map, Champaign County, Illinois Unincorporated Areas Map, or the flood insurance rate map of the City shall be the 100-year flood depth calculated by the applicant's engineer according to the formulas presented in "Depth & Frequency of Floods in Illinois," published by the U.S. Geological Survey, 1976, as amended, or according to formulas which may be recommended by the State Water Survey.
(C.B. No. 81-1, § 4.3, 1-6-81)
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Sec. 9-236. - Notification of intent to alter a watercourse.
(a)
The applicant shall notify adjacent communities and the State Department of Transportation, Division of Water Resources, and other governmental units of jurisdiction prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(b)
The applicant for a development permit shall provide a statement from the appropriate party accepting or acknowledging maintenance responsibility within the altered or relocated portion of the watercourse for the purpose of ensuring that designed carrying capacity is not diminished.
(C.B. No. 81-1, § 4.4, 1-6-81)
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Sec. 9-237. - Interpretation of flood insurance rate map (FIRM) boundaries.
The City Engineer or the Building Safety Supervisor may make interpretations as to the exact location of the boundaries of special flood hazard areas. A person contesting the interpretation shall be given a reasonable opportunity to appeal pursuant to section 9-238.
(C.B. No. 81-1, § 4.5, 1-6-81; C.B. No. 92-23, § 19, 1-21-92)
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Sec. 9-238. - Appeals; variances.
(a)
The Code Review and Appeals Board shall hear and decide variance requests and appeals in which it is alleged that there is an error in any requirement, decision or determination of the City Engineer in the enforcement or administration of this article.
(b)
The City Engineer shall maintain the records of all variances and appeals, including technical information, and report all variances to the Federal Insurance Administration, upon request.
(c)
In passing upon variance requests and appeals, the Code Review and Appeals Board shall consider all technical reports, relevant factors, standards in this article, and the:
(1)
Danger that materials may be swept onto other lands to the injury of others;
(2)
Danger to life and property due to flooding or erosion damage;
(3)
Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4)
Importance of the services provided by the proposed facility to the community;
(5)
Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(6)
Compatibility of the proposed use with existing and anticipated development;
(7)
Relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
(8)
Safety of access to the property in time of flood for ordinary and emergency vehicles;
(9)
Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(10)
Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(d)
Variance requirements and procedures.
(1)
Variances shall be issued only upon a:
a.
Showing of good and sufficient cause;
b.
Determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c.
Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization of the public or conflict with existing local laws or ordinances.
(2)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the requirements of subsection (b) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(3)
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(4)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood would result.
(5)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(6)
Upon consideration of the factors set forth in subsection (b) of this section and the purposes of this article, the Code enforcement Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(7)
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the lowered floor elevation.
(C.B. No. 81-1, § 4.6, 1-6-81; C.B. No. 2013-074, § 3, 5-21-13)
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Secs. 9-239—9-250. - Reserved.
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DIVISION 3. - STANDARDS FOR FLOOD HAZARD REDUCTION
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Sec. 9-251. - General standards.
In all special flood hazard areas, the following standards are required.
(1)
Anchoring.
a.
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
b.
All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements shall be that:
1.
Over-the-top ties be provided at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations, with mobile homes less than fifty (50) feet long requiring one additional tie per side;
2.
Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points, with mobile homes less than fifty (50) feet long requiring four (4) additional ties per side;
3.
All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and
4.
Any additions to the mobile home be similarly anchored.
(2)
Construction materials and methods. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and using methods and practices that minimize flood damage. These requirements may be met by any of the following methods:
a.
A structure may be constructed on a permanent landfill in accordance with the following:
1.
The area to be filled shall be cleared of all standing trees, brush, down timber, trash, and other growth or objects unsuitable for use as foundation material.
2.
The fill shall be placed in layers no greater than one foot deep before compaction, and compacted to no less than ninety-five (95) percent of standard density.
3.
The surface of the fill shall be at or above the base flood elevation. The fill shall extend at least ten (10) feet beyond the foundation of the structure before sloping below the base flood elevation.
4.
The fill shall be protected against erosion and scour during flooding by vegetation cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than 3 horizontal to 1 vertical.
5.
The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.
6.
The Director of Building Safety shall maintain a record of the as-built elevation of the lowest floor of the structure and certification to subsections 9-251(2)a through d, as provided by a registered architect or engineer.
b.
A structure may be elevated in accordance with the following:
1.
The structure or improvements shall be elevated on stilts, piles, walls, crawl space, or other foundation that is permanently open to floodwaters and not subject to damage by hydrostatic pressures.
2.
The foundation and supporting member shall be anchored, shaped and aligned so as to minimize exposure to known hydrodynamic forces such as currents, waves, and floating debris.
3.
All areas below the base flood elevation shall be constructed of materials resistant to flood damage. The bottom of the joists of the lowest flood and all utility meters shall be located at or above the base flood elevation.
4.
Director of Building Safety shall maintain a record of the as-built elevation of the lowest floor of the structure, as provided by a registered architect or engineer.
5.
No area below the base flood elevation shall be used for storage of items or materials subject to flood damage unless such items or materials are declared "property not covered" by a standard flood insurance policy of the National Flood Insurance Program.
6.
Any future alteration of the area below the base flood elevation that violates the requirements of this section shall be deemed a violation of this article.
c.
A nonresidential building may be floodproofed in accordance with the following:
1.
A registered architect or engineer shall certify that the building has been designed so that below the base flood elevation, the structure and attendant utility facilities are watertight and capable of resisting the effects of the base 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.
2.
Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
3.
The Director of Building Safety shall maintain the certificate of the registered architect or engineer and a record of the as-built elevation to which the building was floodproofed.
(3)
Utilities.
a.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
b.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
c.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(4)
Subdivision and planned unit development proposals within special flood hazard areas.
a.
All subdivision and planned unit development proposals shall be consistent with the need to minimize flood damage by complying with the requirements of this article.
b.
All subdivision and planned unit development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
c.
All subdivisions and planned unit development shall have adequate drainage provided to reduce exposure to flood damage.
d.
Plats or plans for new subdivisions and planned unit developments shall display the following flood data:
1.
Boundary of the special flood hazard area;
2.
Boundary of the floodway, if shown on available flood boundary-floodway map and flood insurance rate maps, City of Champaign;
3.
Easements or lands dedicated to the public for channel maintenance purposes; and
4.
The base flood elevation for each building site.
(5)
Other development requirements.
a.
The City Council shall take into account flood hazards, to the extent that they are known, in all official actions related to land management, use and development, including, but not limited to, annexation agreements, plats both inside and outside the City limits, capital improvements programming, and acquisition.
b.
Plans for the development activities to be undertaken by the City in the special flood hazard areas shall be reviewed by the City Engineer to ensure that they comply with this article. Except as exempted by law, no local government shall be relieved of compliance with this article.
(C.B. No. 81-1, § 5.1, 1-6-81)
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Sec. 9-252. - Specific standards.
In all special flood hazard areas where base flood elevation data have been provided as set forth in section 9-222, Basis for establishing special flood hazard areas, or in section 9-235, Use of Base flood elevation data, the following standards are required:
(1)
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation with the use of fill or other methods such as columns or piles.
(2)
Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:
a.
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b.
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyance; and
c.
Be certified by a registered architect or engineer that the standards of this subsection are satisfied. Such certifications shall be provided to the Director of Building Safety as required in Division 2 of this article.
(3)
Mobile homes.
a.
Mobile homes shall be anchored in accordance with subsection 9-251(1).
b.
For new mobile home parks and mobile home subdivisions, expansions to existing mobile home parks and mobile home subdivisions, existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, and for mobile homes not placed in a mobile home park or mobile home subdivision, the City Engineer or the Building Safety supervisor shall require that:
1.
Stands or lots as elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level;
2.
Adequate surface drainage and access for a hauler are provided; and
3.
In the instance of elevation on pilings that:
i.
Lots are large enough to permit steps;
ii.
Piling foundations are placed in stable soil no more then ten (10) feet apart; and
iii.
Reinforcement is provided for pilings more than six (6) feet above the ground level.
4.
No mobile home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivision.
(C.B. No. 81-1, § 5.2-3, 1-6-81)
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Sec. 9-253. - Floodways.
(a)
Floodways are located within special flood hazard areas established in section 9-222, Basis for establishing special flood hazard areas. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(1)
Encroachments, including fill, new construction, substantial improvements, and other developments are prohibited unless a technical evaluation demonstrates that encroachments acting in combination with existing and anticipated development will not cause any increase in flood heights or velocities or threat to public health and safety. This requirement shall be met if development will not decrease floodplain conveyance or storage.
(2)
All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Division 3 of this article.
(3)
The placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision is prohibited.
(b)
A development permit applicant who proposes an encroachment within a floodway which does not comply with the standard required by section 9-253(a)(1) may request approval of an alternate mitigation.
(1)
Substitute detention may be provided in a different location provided that a technical evaluation demonstrates to the satisfaction of the City Engineer that the substitute detention is sized and placed so that the encroachment considered together with the substitute detention, does not result in any increase in flood levels during the occurrence of the base flood discharge, and does not decrease floodplain conveyance or storage. Substitute detention must be approved in writing by the City Engineer. The land where the substitute detention is approved shall be encumbered by a covenant running with the land which is the site of the alternative detention. The covenant shall be subject to the approval of the City Attorney. The covenant shall be recorded in the Champaign County Recorder's office.
(2)
A payment in lieu of detention may be substituted for detention at the sole discretion of the City, provided that the City has a plan or is planning for the construction of detention to address the flooding problems in the special flood hazard area within which the site is located, and, in the opinion of the City Engineer, payment in lieu of detention is consistent with the purpose of this article as stated in section 9-218 and is preferable to other alternatives at this site. A written agreement for the payment in lieu of detention shall be approved by the City Manager. The fee for substitute floodplain storage shall be based on the actual or estimated actual cost to the City of the equivalent amount of detention which is displaced by the encroachment and the amount of such fee will be established by the city.
(C.B. No. 81-1, § 5.3, 1-6-81, C.B. No. 92-23, § 19, 1-21-92; C.B. No. 96-113, § 1, 5-21-96)
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Secs. 9-254—9-260. - Reserved.
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ARTICLE V. - RESERVED[5]Footnotes:--- (5) ---
Editor's note— Section 45a of Attachment A to C.B. No. 86-245, adopted Sept. 16, 1985, redesignated Art. V, §§ 9-261—9-267 as Ch. 2, Art. V, Div. 6(§§ 2-471—2-477) of this Code.
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Secs. 9-261—9-267. - Reserved.