Chapter 18
BUILDINGS AND BUILDING REGULATIONS*

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Cross references: Building inspector, § 2-226 et seq.; advertising, ch. 6; businesses, ch. 22; environment, ch. 38; unsuitable guttering for buildings as nuisance, § 38-53; health and sanitation, ch. 42; natural resources, ch. 54; streets, sidewalks and other public places, ch. 70; removal of building materials in streets, § 70-10; taxation, ch. 78; utilities, ch. 86; vegetation, ch. 90; zoning, app. A.

State law references: Municipal Adoption of Codes and Records Act, 50 ILCS 220/0.01 et seq.; incorporation by reference of certain construction regulations, 65 ILCS 5/1-3-1 et seq.; fire safety regulations, 65 ILCS 5/11-8-1 et seq.; municipal plumbing regulations, 65 ILCS 5/11-20-5; control over building and construction, 65 ILCS 5/11-30-1 et seq.; Structural Work Act, 740 ILCS 150/0.01 et seq.

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Article I. In General

Sec. 18-1. Enforcement of chapter.

Sec. 18-2. Reference to published standards.

Sec. 18-3. Definitions.

Secs. 18-4– 18-25. Reserved.

Article II. Permit

Sec. 18-26. Required.

Sec. 18-27. Application.

Sec. 18-28. Approval of plans.

Sec. 18-29. Variation from specifications.

Sec. 18-30. Fees.

Secs. 18-31– 18-50. Reserved.

Article III. Fire Limits

Sec. 18-51. Boundaries.

Sec. 18-52. Exterior coverings.

Sec. 18-53. Repairs.

Secs. 18-54– 18-75. Reserved.

Article IV. Construction Regulations

Sec. 18-76. Compliance required.

Sec. 18-77. Use of pressed brick.

Sec. 18-78. Hazardous uses.

Sec. 18-79. Fireproof construction.

Sec. 18-80. Wooden structures.

Sec. 18-81. Floor loads and wind pressure.

Sec. 18-82. Permissible working stresses.

Sec. 18-83. Mortar.

Sec. 18-84. Materials for concrete and cement mortar.

Sec. 18-85. Bearing power of soils.

Sec. 18-86. Presumptive capacity of soils.

Sec. 18-87. Masonry walls.

Sec. 18-88. Monolithic walls.

Sec. 18-89. Openings in party walls and fire walls.

Sec. 18-90. Chimneys.

Sec. 18-91. Stair and elevator shafts.

Sec. 18-92. Grain elevators and icehouses.

Sec. 18-93. Means of egress.

Sec. 18-94. Fire escapes.

Sec. 18-95. Dwelling houses.

Sec. 18-96. Floor areas.

Secs. 18-97– 18-115. Reserved.

Article V. Building Operations

Sec. 18-116. Use of streets.

Sec. 18-117. Night operations.

Sec. 18-118. Sidewalks.

Sec. 18-119. Safeguards.

Secs. 18-120– 18-140. Reserved.

Article VI. Moving Buildings

Division 1. Generally

Sec. 18-141. Lights and warnings.

Sec. 18-142. Protecting pavement.

Sec. 18-143. Utility wires.

Sec. 18-144. Fire alarm wires.

Secs. 18-145– 18-155. Reserved.

Division 2. Permit

Sec. 18-156. Required.

Sec. 18-157. Approval; fee.

Sec. 18-158. Bond.

Secs. 18-159– 18-180. Reserved.

Article VII. Dangerous Buildings

Sec. 18-181. Defined.

Sec. 18-182. Declared a nuisance; maintenance unlawful.

Sec. 18-183. Notice to abate.

Sec. 18-184. Standards for abatement.

Sec. 18-185. Failure to abate.

Sec. 18-186. Alternate actions.

Secs. 18-187– 18-200. Reserved.

Article VIII. Regulating Development in Floodplain Areas

Sec. 18-201. Purpose.

Sec. 18-202. Definitions.

Sec. 18-203. Base flood elevation.

Sec. 18-204. Duties of the zoning officer.

Sec. 18-205. Development permit.

Sec. 18-206. Preventing increased flood heights and resulting damages.

Sec. 18-207. Protecting buildings.

Sec. 18-208. Subdivision requirements.

Sec. 18-209. Public health and other standards.

Sec. 18-210. Carrying capacity and notification.

Sec. 18-211. Variances.

Sec. 18-212. Disclaimer of liability.

Sec. 18-213. Abrogation and greater restrictions.

Sec. 18-214. Penalty.

ARTICLE I.
IN GENERAL

Sec. 18-1. Enforcement of chapter.

The building inspector shall make or cause to be made such inspections as are necessary to see to the enforcement of the provisions of this chapter, and to make any tests or examinations of materials or methods to be used for the purpose of seeing that they comply with the provisions of this chapter.

(Ord. No. 91-01, § 5, 1-14-91)

Sec. 18-2. Reference to published standards.

References in this chapter to standards of the American Society for Testing and Materials, or ASTM, refer to publications of the organization by that name located at100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, as changed. References to International Code Council publications referred to publications by the International Code Council, Chicago Regional Office, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, as changed.

(Ord. No. 91-01, § 54, 1-14-91; Ord. No. 04-23, § 1, 7-29-04)

Sec. 18-3. Definitions.

(a) Unless the context of the sentence, paragraph or section clearly indicates otherwise, for the purpose of this building code, the terms or words used herein shall, unless otherwise defined in this code, be interpreted or defined the same as interpreted or defined by the city's zoning ordinance.

(b) The term "International Building Code" shall mean the latest version of the International Building Code published by the International Code Council.

(c) The term "International Residential Code" shall mean the latest version of the International Residential Code published by the International Code Council.

(Ord. No. 95-21, § 2, 11-27-95; Ord. No. 04-23, § 2, 7-29-04)

Secs. 18-4– 18-25. Reserved.

ARTICLE II.
PERMIT*

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Cross references: Zoning permits, app. A, art. XIX.

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Sec. 18-26. Required.

It shall be unlawful to construct or alter any building or structure in the city, excepting fences, when the cost of such construction exceeds $100.00 or where the effect of such construction or alteration is to enlarge the capacity or affect the bearing walls of any building or the roof thereof, without having first secured a permit therefor.

(Ord. No. 91-01, § 1, 1-14-91)

Sec. 18-27. Application.

Application for a building permit shall be made to the clerk, and shall be accompanied by plans and specifications in duplicate showing the work to be done. Such plans shall be verified by the signature of either the owner of the premises or by the architect or contractor in charge of the operations.

(Ord. No. 91-01, § 2, 1-14-91)

Sec. 18-28. Approval of plans.

The application plans required by this article shall be referred to the building inspector, who shall examine such application and plans to determine whether the proposed construction or alteration will comply with the provisions of this chapter relative thereto. Upon approval, one set of plans shall be returned to the applicant with a permit, and the other shall be retained by the building inspector. No permit shall be issued until after approval of the plans.

(Ord. No. 91-01, § 3, 1-14-91)

Sec. 18-29. Variation from specifications.

It shall be unlawful to vary materially from the submitted plans and specifications required under this article unless such variations are submitted in an amended plan to the building inspector and approved by him.

(Ord. No. 91-01, § 4, 1-14-91)

Sec. 18-30. Fees.

The fees for building permits shall be the same as those provided in section 19.1 of the city's zoning code (appendix A to this Code, section 19.1).

(Ord. No. 91-01, § 6, 1-14-91; Ord. No. 04-23, § 3, 7-29-04; Ord. No. 10-3, § 39, 3-26-10)

Secs. 18-31– 18-50. Reserved.

ARTICLE III.
FIRE LIMITS

Sec. 18-51. Boundaries.

All that part of the city zoned for other than single-family residential use is hereby designated to be the fire limits of the city.

(Ord. No. 91-01, § 10, 1-14-91)

Sec. 18-52. Exterior coverings.

It shall be unlawful to construct any building or structure within the city fire limits unless the exterior walls and roof of such building or structure are covered with or constructed of nonflammable material; provided, that this shall not operate to prohibit the construction of wooden porches, balconies or ornamental work no higher than the second story within such fire limits.

(Ord. No. 91-01, § 11, 1-14-91)

Sec. 18-53. Repairs.

It shall be unlawful to repair any existing frame building within the fire limits after such building has been damaged by any cause to at least 50 percent of its value. Any existing frame building in the fire limits may be brick veneered.

(Ord. No. 91-01, § 12, 1-14-91)

Secs. 18-54– 18-75. Reserved.

ARTICLE IV.
CONSTRUCTION REGULATIONS

Sec. 18-76. Compliance required.

It shall be unlawful to construct or alter any building or structure, other than fences, in the city, except upon compliance with the provisions of this chapter.

(Ord. No. 91-01, § 16, 1-14-91)

Sec. 18-77. Use of pressed brick.

(a) It shall be permissible to use pressed brick on exterior wall construction, such brick to be approximately three by six by 12 inches in size, plus or minus the dimensional variation customary in the business, provided such bricks are used in one-story dwellings where the height of the wall does not exceed nine feet to the eaves or 15 feet to the peak of the gables. Nominal two by two inch furring shall be used, such furring strips to be anchored at the bottom, at mid-height and at the top of the exterior wall.

(b) A continuous two by six inch head plate shall be anchored to the top of the wall constructed under the authority of this section. If anchor bolts three-eighths of an inch in diameter are used, they shall be spaced four feet on center. If one-half-inch diameter anchor bolts are used, the spacing shall be no greater than eight feet. The bolts must be of sufficient length to extend at least 15 inches into the masonry (six course of brick). The bolts must be placed through the cores in alternate courses and must be staggered. When the plate, washer and nuts are applied, the nuts must be tightened only by hand and not by means of a wrench.

(Ord. No. 91-01, § 17, 1-14-91)

Sec. 18-78. Hazardous uses.

Any building or structure intended to be used wholly or in part as a theater, auditorium, public garage or school shall be constructed according to the specifications for fireproof construction set forth in this article. Any building intended to be used as a hospital shall be of fireproof construction. Any building to be used for the storage of explosives or flammable liquids, for storing nitrocellulose, or for a dry cleaning establishment, foundry or coffee roaster shall be of fireproof construction.

(Ord. No. 91-01, § 18, 1-14-91)

Sec. 18-79. Fireproof construction.

(a) The term "fireproof construction" as used in this article means a building in which all parts that carry loads or resist strains and all exterior walls and all interior walls or partitions and all stairways and elevator enclosures are made of incombustible materials, and in which all metallic structural members are protected against the effects of fire by being completely embedded in a material which shall be entirely incombustible and a slow heat conductor. If the metal framework of a roof is not less than 25 feet above any floor or balcony, fireproofing of members of the roof framework may be omitted. If the metal framework of a roof is more than 18 feet and less than 25 feet above any floor or balcony, then the roof framework may be protected by a suspended ceiling of metal lath and Portland cement plaster not less than one inch thick.

(b) The fireproof covering on columns shall be not less than two inches thick if of concrete or gunite, or three inches thick if of other material; on girders, not less than two inches thick; on other structural parts, not less than 1 1/2 inches thick. The thickness shall be outside the extreme edges of the structural members.

(c) The following building materials, systems, units and forms of construction, assembled and constructed as required in this section, shall be accepted as fireproof construction:

(1) Plain or reinforced concrete.

(2) Reinforced gunite.

(3) Precast reinforced concrete units.

(4) Hollow or solid concrete masonry units.

(5) Brick (clay, sand-lime or concrete).

(6) Hollow brick (clay, sand-lime or concrete).

(7) Plain or reinforced gypsum.

(8) Precast reinforced gypsum.

(9) Hollow or solid gypsum block.

(10) Hollow clay tile.

(11) Metal lath and Portland cement plaster.

The order in which the foregoing materials are placed in the list is not to be construed as indicating their relative fireproof qualities.

(d) All fire-resistive construction laid in units or blocks, such as brick and hollow or concrete or clay tile, shall be solidly bedded and laid in Portland cement or cement-lime mortar as defined in section 18-83, and shall be thoroughly bonded together by means of broken joints in alternative courses, or by sufficient metal ties or bands. Provided, however, that gypsum products shall be laid in gypsum mortar.

(Ord. No. 91-01, § 19, 1-14-91)

Sec. 18-80. Wooden structures.

(a) No wooden building to be erected or altered outside the fire limits shall exceed 2 1/2 stories or 30 feet in height.

(b) No wooden frame building to be erected for any occupancy other than grain elevators, coal elevators and pockets shall cover a ground area exceeding the following:

(1) One-story buildings, 7,500 square feet.

(2) Two-story buildings or 2 1/2-story buildings, 5,000 square feet.

(c) In no case shall a wooden frame building be erected within five feet of the side or rear lot line, nor within ten feet of any other building, unless the space between the studs on each side is filled solidly with not less than 3 1/2 inches of masonry or plain concrete or other equivalent incombustible material.

(d) Buildings with wooden framework clad with sheet metal covered with stucco or veneered with brick shall be classified as wood frame buildings for the purpose of this section.

(Ord. No. 91-01, § 20, 1-14-91)

Sec. 18-81. Floor loads and wind pressure.

(a) The design for all buildings and other structures shall conform to good engineering practices. The following table gives the minimum uniform live loads in pounds per square foot, which shall be used in the design of buildings, except that the specified live loads (but not the roof or sidewalk loads) may be reduced by 20 percent in buildings of fireproof construction:
OccupancyLive load (pounds per sq. ft.)
Assembly:
Armories and drill rooms....150
Assembly halls, auditoriums, churches, lecture halls, lodge rooms and similar assembly occupancies:
Fixed seats.... 60
Movable seats....100
Bowling alleys, pool rooms and similar recreational areas.... 75
Dancehalls, dining rooms, exhibition rooms, grandstands, gymnasiums, museums, passenger stations, restaurants, reviewing stands, skating rinks....100
Ice skating rinks....250
Theatres:
Aisles, corridors, lobbies, projection rooms....100
Dressing rooms.... 40
Orchestra floors, balconies.... 60
Stage floors....150
Business:
Offices.... 80
Letter-file rooms.... 80
Card-file rooms....125
Industrial:
Bakery....150
Factories and manufacturing plants....125
Foundries....600
Laboratories, scientific....100
Laundries....150
Printing plant:
Composing room....100
Linotype room....100
Press....150
Paper storage....50 lbs. per ft. of clear story height
Institutional:
Hospitals, asylums, infirmaries, sanitariums:
Operating rooms.... 60
Private rooms.... 40
Wards.... 40
X-ray rooms....100
Nurseries, orphanages, homes for the aged.... 40
Penal institutions, reformatories, jails, houses of correction:
Cell blocks.... 40
Corridors....100
Libraries:
Corridors....100
Reading rooms.... 60
Stack rooms....150
Mercantile:
Retail:
First floor, rooms....100
Upper floors, rooms.... 75
Wholesale....125
Residential:
Dormitories:
Partitioned.... 40
Nonpartitioned.... 80
Dwellings:
First floor.... 40
Upper floors and habitable attics.... 30
Uninhabitable attics.... 20
Hotels, motels, lodginghouses:
Corridors serving public rooms....100
Guest rooms.... 40
Public corridors.... 60
Public rooms....100
Private corridors.... 40
Multifamily houses, tenements:
Corridors.... 60
Private apartments.... 40
Public rooms....100
Schools and colleges:
Classrooms.... 40
Corridors....100
Storage:
Parking garages:
Passenger cars....100
Trucks, with load, to ten tons....150
Trucks, with load, more than ten tons....200
Cold storage:
No overhead system....250
Plus, for trucks....150
Overhead system:
Floor....150
Roof....250
Hay or grain....300
Warehouse, light....125
Warehouse, heavy....250

Except in buildings for storage purposes, the following reductions in assumed total live floor loads are permissible in designing the columns, piers, walls, foundations, trusses and girders. Reduction of total live loads carried:
Percent
Carrying one floor.... 0
Carrying two floors....10
Carrying three floors....20
Carrying four floors....30
Carrying five floors....40
Carrying six floors....45
Carrying seven or more floors....50

(b) Buildings and other structures shall be designed to resist a horizontal wind pressure of 20 pounds on every square foot of surface that is exposed in addition to the dead loads and the live loads specified in subsection (a) of this section.

(c) If the overturning moment due to wind pressure exceeds 75 percent of the moment of stability of the structure due to dead load only, the structure shall be anchored to its foundations, which shall be sufficient weight to ensure the stability of the structure. Sufficient diagonal bracing or rigid connections between the uprights and horizontal structural members shall be provided to resist distortion.

(Ord. No. 91-01, § 22, 1-14-91)

Sec. 18-82. Permissible working stresses.

Proportioning of the various load carrying parts of buildings and structures shall be governed by working stresses conforming to good engineering practices.

(Ord. No. 91-01, § 23, 1-14-91)

Sec. 18-83. Mortar.

(a) Portland cement mortar used in laying up masonry shall be mixed in the proportion of one part of Portland cement to not more than three parts of sand, by volume. Hydrated lime or lime putty may be added not to exceed 15 percent by volume of the Portland cement used.

(b) Cement-lime mortar shall be mixed in the proportion of one part of hydrated lime or lime putty to not more than six parts of sand by volume.

(c) Lime mortar shall be mixed in the proportions of one part of Portland cement added to the amount of 15 percent of the volume of the lime.

(Ord. No. 91-01, § 24, 1-14-91)

Sec. 18-84. Materials for concrete and cement mortar.

Portland cement shall conform to the latest standard specifications and tests for Portland cement adopted by the American Society for Testing and Materials, published in the latest pamphlet form as C150. Steel used as reinforcement for concrete shall conform to the latest specifications of the American Society for Testing and Materials, concrete reinforcement, steel bars, standard 1.04.

(Ord. No. 91-01, § 25, 1-14-91; Ord. No. 04-23, § 4, 7-29-04)

Sec. 18-85. Bearing power of soils.

In the absence of tests, the different soils, excluding mud and quicksand, shall be assumed to sustain safely the loads per square foot pursuant to section 18-86, and footings shall be provided under all walls and columns where required to keep the pressure on the soil within the limits specified in section 18-86.

(Ord. No. 91-01, § 26, 1-14-91)

Sec. 18-86. Presumptive capacity of soils.

(a) In the absence of satisfactory tests, the bearing value per square foot of soils shall be deemed to be as follows:
Tons
Soft clay, medium.... 1.5
Medium stiff clay.... 2.5
Sand, fine, loose.... 2  
Sand, course, loose; compact fine sand; and loose sand-gravel mixture....
Gravel, loose; and compact course sand....
Sand-gravel mixture, compact.... 6  
Hardpan and exceptionally compacted or partially cemented gravels or sands.... 10  
Sedimentary rocks such as hard shale, sandstone, limestone, siltstone, in sound condition.... 15  
Foliated rocks, such as schist or slate in sound condition.... 40  
Massive bedrock, such as granite, diorite, gneiss, traprock, in sound condition....100  

(b) Where portions of the foundation of an entire building or structure rest directly upon, or are underlain by, medium or soft clay upon different materials, or where the layers of such softer materials vary greatly in thickness, the magnitude and distribution of the probable settlement shall be investigated, and, if necessary, the allowable loads shall be reduced or special provisions made in the design of the building or structure to prevent serious differential settlements which will impair the safety of the structure.

(c) Where the bearing materials directly under a foundation overlie a stratum having smaller allowable bearing values, such smaller values shall not be exceeded at the level of such stratum. Computation of the vertical pressure in the bearing materials at any depth below a foundation shall be made on the assumption that the load is spread uniformly at an angle of 60 degrees with the horizontal.

(Ord. No. 91-01, § 27, 1-14-91)

Sec. 18-87. Masonry walls.

(a) Masonry is that form of construction in which noncombustible masonry units such as stone, brick, concrete block, tile, hollow clay tile, gypsum block, or other similar building units or a combination of these materials are laid up unit by unit and set in mortar. The minimum thickness shall be as provided in the International Building Code.

(b) Masonry bearing walls, party walls, fire walls, fire division walls, exterior panel walls, inclosure walls, or curtain walls eight inches or less in thickness must be laid in Portland cement or cement-lime mortar as defined in this article.

(Ord. No. 91-01, § 28, 1-14-91; Ord. No. 04-23, § 5, 7-29-04)

Sec. 18-88. Monolithic walls.

Monolithic or concrete walls having less than two-tenths of one percent of reinforcing steel shall be considered as plain concrete walls. The minimum thickness shall be as provided in the International Building Code.

(Ord. No. 91-01, § 29, 1-14-91; Ord. No. 04-23, § 6, 7-29-04)

Sec. 18-89. Openings in party walls and fire walls.

Openings in party or fire walls shall be provided with self-closing fire doors or with positive means of closing the openings to prevent the passage of fire. Doors in fireproof stair and elevator shaft enclosures and coverings for hatchways in floors of all buildings shall be self-closing.

(Ord. No. 91-01, § 30, 1-14-91)

Sec. 18-90. Chimneys.

(a) Chimneys for high-pressure boilers, furnaces used in manufacture, or for other heating appliances where high temperatures are maintained, and all isolated chimneys, shall be designed and built in accordance with good engineering practices and so that the stress in every part thereof, due to temperature changes, wind pressures, and the weight of the chimney itself, shall not exceed the safe limits specified in this article for the materials used.

(b) All ordinary chimneys which form a part of building construction shall conform to the standards of chimney construction in the International Building Code.

(Ord. No. 91-01, § 31, 1-14-91; Ord. No. 04-23, § 7, 7-29-04)

Sec. 18-91. Stair and elevator shafts.

The stair and elevator shafts of all buildings except private dwellings to be erected more than two stories high shall be enclosed continuously by incombustible materials, consisting of reinforced gunite not less than 2 1/2 inches thick on metal lath and metal frame, or of reinforced concrete not less than three inches thick, or of any fireproof material or construction that will pass the standard fire test for a period of at least two hours. The thickness must in all cases be sufficient to give rigidity.

(Ord. No. 91-01, § 32, 1-14-91)

Sec. 18-92. Grain elevators and icehouses.

Any grain elevator building may be constructed of wood if the exterior walls and roof are covered by an envelope of incombustible material and if the first-story walls of grain elevators are built of material not less than 20 inches thick or of reinforced concrete not less than 12 inches thick. The structure above the first story wall shall be anchored to such wall with three-fourths-inch bolts embedded not less than two feet in the masonry or concrete and spaced not more than six feet apart. Each corner of the structure shall be further reinforced with iron rods not less than one inch thick in diameter extending from above the roof plate to and into the first story wall to a depth of not less than 60 inches. The roof plates shall be fastened down with nuts and washers. All window frames and sash in the superstructure shall be of metal. The openings shall be protected by wire grating of number 14 gauge, with meshes not exceeding one-half inch. The openings in the body of the building and in the engine house shall have suitable metal shutters.

(Ord. No. 91-01, § 21, 1-14-91)

Sec. 18-93. Means of egress.

All buildings, including single-family dwellings, to be erected more than one story high shall be provided with at least two means of egress from the building as far from each other as the plan of the building will permit, or by a doorway in a fire wall leading to another floor area which is provided with adequate stairs or other independent means of exit. No part of the floor shall be more than 100 feet from an exit.

(Ord. No. 91-01, § 33, 1-14-91)

Sec. 18-94. Fire escapes.

(a) In addition to the exits otherwise provided for and required for every building of more than three stories which is used for residential purposes of more than one family, or which is used as a store, office or factory, and every building of more than one story which is used, in whole or in part, above the first story as a theater, school or auditorium, shall be equipped with at least two metallic fire escape stairways leading from the roof to the ground; provided, that an enclosed fireproof stairway of at least five feet in width, which is equipped with fireproof doors and the structure and shaft of which are so constructed as to be independent of support from the rest of the building so that they can stand alone, may be substituted for such outside fireproof stairways. The ground exit of all such stairways, whether enclosed or outside, shall be in such position as to afford ready and immediate escape from the immediate vicinity of the building.

(b) It shall be unlawful to obstruct or to permit the obstruction of any fire escape or stairway or the entrance thereto, or the exits therefrom.

(Ord. No. 91-01, § 34, 1-14-91)

Sec. 18-95. Dwelling houses.

The minimum requirements for the construction of one and two family dwellings shall be governed by the International Residential Code.

(Ord. No. 91-01, § 35, 1-14-91; Ord. No. 04-23, § 8, 7-29-04)

Sec. 18-96. Floor areas.

(a) No single-family residential building shall be constructed unless it shall contain floor areas equalling those set forth as follows:

(1) One-story building . . . . 780 sq. ft.

(2) Two-story building . . . . 1,360 sq. ft.

(3) Sleeping rooms . . . . 80 sq. ft.

(b) No residential building shall be erected for or changed to multiple-family use unless it shall contain a floor area of at least 600 square feet in each family unit.

(c) Each bedroom in a residential building shall have a window area of not less than one-tenth of the floor area.

(Ord. No. 91-01, § 36, 1-14-91)

Secs. 18-97– 18-115. Reserved.

ARTICLE V.
BUILDING OPERATIONS

Sec. 18-116. Use of streets.

The use of streets for the storage of materials in the process of construction or alteration of a building may be granted when such use will not unduly interfere with traffic and will not reduce the usable width of the street to less than 18 feet; and no portion of a street other than that directly abutting on the premises on which work is being done shall be used except with the consent of the owner or occupant of the premises abutting on such portion. Any person seeking to make such use of the street shall file an application with the clerk, together with a bond with sureties to be approved by the clerk, to indemnify the city for any loss or damage which may be incurred by reason of such use and occupation.

(Ord. No. 91-01, § 40, 1-14-91)

Cross references: Streets, sidewalks and other public places, ch. 70.

Sec. 18-117. Night operations.

No construction or alteration operations shall be carried on at nighttime if such operations are accompanied by loud or annoying noises.

(Ord. No. 91-01, § 41, 1-14-91)

Sec. 18-118. Sidewalks.

No sidewalk shall be obstructed in the course of building operations without a special permit from the clerk. Whenever a removal of a sidewalk is required, such work shall not be done until a special permit is secured from the clerk.

(Ord. No. 91-01, § 42, 1-14-91)

Cross references: Streets, sidewalks and other public places, ch. 70.

Sec. 18-119. Safeguards.

It shall be the duty of a person doing any constructing, altering or wrecking to do the same with proper care for the safety of persons and property. Warning barricades and lights shall be maintained whenever necessary for the protection of pedestrians or traffic; and temporary roofs over sidewalks shall be constructed whenever there is danger from falling articles or materials to pedestrians.

(Ord. No. 91-01, § 43, 1-14-91)

Secs. 18-120– 18-140. Reserved.

ARTICLE VI.
MOVING BUILDINGS*

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Cross references: Streets, sidewalks and other public places, ch. 70; traffic and vehicles, ch. 82.

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DIVISION 1.
GENERALLY

Sec. 18-141. 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.

(Ord. No. 91-01, § 50, 1-14-91)

Sec. 18-142. Protecting pavement.

Where a building is being moved over a street, but is not carried on another vehicle or on a unit equipped with tires that comply with the traffic regulations, the road surface, whether paved or not, shall be protected by planking or other device effective to prevent injury to the roadway or pavement.

(Ord. No. 91-01, § 53, 1-14-91)

Sec. 18-143. Utility wires.

Whenever it shall be necessary to interfere with the 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 mayor shall estimate the expense of fixing the wires and the bond to be given to cover such expense.

(Ord. No. 91-01, § 51, 1-14-91)

Sec. 18-144. Fire alarm wires.

When the moving of any building approaches any fire alarm wire or pole which shall be endangered by the removal of such building or structure, it shall be the duty of the mover to notify the fire marshal at least six hours before reaching such wire or pole so that such wire or pole may be removed or cared for by the city authorities.

(Ord. No. 91-01, § 52, 1-14-91)

Secs. 18-145– 18-155. Reserved.

DIVISION 2.
PERMIT

Sec. 18-156. Required.

No person shall move any building on, through or over any street, alley, sidewalk or other public place in the city without having obtained a permit therefor from the city council. Applications for such permits shall be made in writing to the clerk 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.

(Ord. No. 91-01, § 47, 1-14-91)

Sec. 18-157. Approval; fee.

Upon approval of the intended route for moving a building by the city council, a fee of $50.00 for each day or fraction thereof that it is intended that the building shall occupy any such portion of any public place shall be paid to the clerk and the permit issued. An additional payment of $15.00 for each day or fraction thereof over and above the time stated on the permit during or on which any building shall occupy such public place shall be paid.

(Ord. No. 91-01, § 48, 1-14-91)

Sec. 18-158. Bond.

Every person applying for a permit under this article shall submit with the application a cash bond with a lawful corporate surety to be approved by the council, conditioned on compliance with all the provisions of this article, and agreeing to pay and holding the city harmless from any claim which may be made against it by reason of the occupation of any street, alley, sidewalk or other public place by the building or structure moved.

(Ord. No. 91-01, § 49, 1-14-91)

Secs. 18-159– 18-180. Reserved.

ARTICLE VII.
DANGEROUS BUILDINGS*

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Cross references: Nuisances, § 38-46 et seq.

State law references: Unsafe buildings, 65 ILCS 5/11-31-1 et seq.

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Sec. 18-181. Defined.

The term "dangerous building" as used in this article is hereby defined to mean and include any building, shed, fence, or other structure, or any portion thereof, which has any or all of the following defects:

(1) It is unsafe, insanitary or dangerous to the health, morals, safety or general welfare of the people of this city because of its construction or condition, or may cause or aid in the spread of disease or cause injury to the health of the occupants of it or of neighboring structures.

(2) It, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire and constitutes or creates a fire hazard.

(3) It, by reason of faulty construction, age, lack of proper repair or other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure.

(4) It, because of its condition or because of lack of doors or windows, is available to or has become an attractive nuisance to children, or a harbor for transients, vagrants or criminals who are not lawful occupants of such structure.

(5) It is uncompleted or abandoned.

(6) Its interior walls or other vertical structural members list, lean or buckle to such an extent that a plumbline passing through the center of gravity falls outside of the middle third of its base.

(7) It, exclusive of the foundation, shows 33 percent or more of damage or deterioration of the supporting members, or 50 percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.

(8) It has improperly distributed loads upon the floors or roofs, or the floors or roofs are overloaded, or it has insufficient strength to be reasonably safe for the purpose used.

(9) It has been damaged by fire, wind or other cause so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants thereof or the people of the city.

(10) It has become or is so dilapidated, decayed, unsafe, insanitary or so utterly fails to provide amenities essential to decent living that it is unfit for human habitation, or is likely to cause sickness or disease, or to cause injury to the health, morals, safety or general welfare of those living therein.

(11) It has light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.

(12) It has inadequate facilities for egress in case of fire or panic or it has insufficient stairways, elevators, fire escapes, or other means of communication.

(13) It has parts thereof which are so attached that they may fall and injure members of the public or property.

(14) It exists in violation of any provision of any building code of this city, or any provision of any fire prevention code or other ordinance of this city.

(15) Any vacant building with unguarded openings shall be deemed to constitute a fire hazard and to be dangerous within the provisions of this Code.

(Ord. No. 90-16, § 3(9-90), 8-13-90; Ord. No. 05-6, § 1, 3-28-05)

Sec. 18-182. Declared a nuisance; maintenance unlawful.

Any dangerous building in the city is hereby declared to be a nuisance. It shall be unlawful to maintain or permit the existence of any dangerous building in the city; and it shall be unlawful for the owner, occupant or person in custody or control of any dangerous building to permit such building to remain in a dangerous condition, or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition. All dangerous buildings shall be demolished or repaired as provided in this article.

(Ord. No. 90-16, § 3(9-91), 8-13-90)

Sec. 18-183. Notice to abate.

(a) Whenever the mayor, police chief or any of their designated representatives shall find that any building, shed, fence or other structure, or any portion thereof, in the city is a dangerous building, he or she shall file a written statement to that effect with the city clerk. The clerk shall thereupon cause written notice to be served upon the owners thereof, the lienholders of record, and upon the occupants thereof, if any, by registered or certified mail or by personal service.

(b) The notice provided for in subsection (a) of this section shall state that the structure has been declared to be in a dangerous condition and that such dangerous condition must be removed or remedied by repairing or altering the structure or by demolishing it; and that the condition must be remedied at once. Such notice may be in the following form:

To   (Owner/Occupant/Lienholder)  : of the premises known and described as ____ ____.

You are hereby notified that   (describe building or structure)   on the premises above described has been condemned as a nuisance and a dangerous building after inspection by ________.

The causes for this decision are  (here insert the facts as to the dangerous condition) 

____. 

If you fail to remedy this condition or demolish the building or structure, after 15 days from the date this notice is served the city may, at your expense, apply to the circuit court for an order authorizing such action (65 ILCS 5/11-31-1) or may proceed to obtain an injunction to require compliance (65 ILCS 5/11-31-2). The building or structure may not be boarded up or otherwise enclosed as a response to this notice.
Dated: , 20 .
(City Clerk)

(c) Where, upon diligent search, the identity or whereabouts of the owner or owners of the dangerous structure, including the lienholders of record, is not ascertainable, notice mailed to the person or persons in whose name such real estate was last assessed is sufficient notice under this article.

(Ord. No. 90-16, § 3(9-92), 8-13-90; Ord. No. 05-6, § 2, 3-28-05; Ord. No. 05-29, § 1, 10-24-05)

Sec. 18-184. Standards for abatement.

The following standards shall be followed in substance by the mayor or the police chief in ordering repair, vacation or demolition of a dangerous building:

(1) If the dangerous building can reasonably be repaired so that it will no longer be in violation of the terms of this article, it shall be ordered repaired.

(2) If the dangerous building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.

(3) In any case where a dangerous building is at least 50 percent damaged, decayed or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this article, it shall be demolished. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this article or any ordinance of the city or statute of the state, it shall be demolished.

(Ord. No. 90-16, § 3(9-93), 8-13-90; Ord. No. 05-6, § 3, 3-28-05)

Sec. 18-185. Failure to abate.

(a) Demolition, repair or enclosure.

(1) The city attorney shall, when requested to do so by the mayor, the mayor's designated representative or the city council, pursuant to section 11-31-1(a) of the Illinois Municipal Code1 apply to the circuit court (i) for an order authorizing action to be taken with respect to a dangerous building if the owner or owners of the building, including the lienholders of record, after 15 days written notice by mail or by personal service so to do, have failed to put the building in a safe condition or to demolish it or (ii) for an order requiring the owner or owners of record to demolish, repair or enclose the building or to remove garbage, debris and other hazardous, noxious or unhealthy substances or materials from the building. It is not a defense to the cause of action that the building is boarded up or otherwise enclosed, although the court may order the defendant to have the building boarded up or otherwise enclosed.

(2) If the mayor, the mayor's designated representative or the city council determines that any dangerous building fulfills the requirements for an action by the city under the Illinois Abandoned Housing Rehabilitation Act2, the city may petition under that act in a proceeding brought under this subsection.

(b) Money judgment. In any case where the city has obtained a lien under subsection (a), the city shall also bring an action for a money judgment against the owner or owners of the real estate in the amount of the lien in the same manner as provided for bringing causes of action in Article II of the Illinois Code of Civil Procedure3 and upon obtaining a judgment, file a judgment lien against all of the real estate of the owner or owners and enforce that lien as provided for in Article XII of the Illinois Code of Civil Procedure4.

(c) Injunction to require compliance. If the mayor, the mayor's designated representative or the city council determines, upon due investigation, that any building or structure herein fails to conform to the minimum standards of health and safety as set forth in the ordinances of this city, and the owner or owners of such building or structure fails, after due notice as provided in this article, to cause such property to so conform, the city attorney may, pursuant to section 11-31-2 of the Illinois Municipal Code5, make application to the circuit court for an injunction requiring compliance of such ordinances or for such other order as the court may deem necessary or appropriate to secure such compliance.

(Ord. No. 90-16, § 3(9-94), 8-13-90; Ord. No. 91-6, § 1(9-94), 3-25-91; Ord. No. 95-21, § 1, 11-27-95; Ord. No. 05-6, § 4, 3-28-05)

165 ILCS 5/11-31-1(a)

2310 ILCS 50/1 et seq.

3735 ILCS 5/2-101 et seq.

4735 ILCS 5/12-101 et seq.

565 ILCS 5/11-31-2

State law references: Demolition, repair or enclosure of unsafe building, 65 ILCS 5/11-31-1; injunction to require compliance with regulations, receivership, lien, 65 ILCS 5/11-31-2; Trusts and Trustees Act, 760 ILCS 5/1 et seq.

Sec. 18-186. Alternate actions.

In addition to the actions authorized by other sections of this article:

(a) Declaration of abandonment. In addition to any other remedy provided by law, the city may, pursuant to section 11-31-1(d) of the Illinois Municipal Code1, petition the circuit court to have property declared abandoned if:

(1) The property has been tax delinquent for two or more years, or bills for water service for the property have been outstanding for two or more years;

(2) The property is unoccupied by persons legally in possession; and

(3) The property contains a dangerous or unsafe building.

The city may proceed under this subsection in a proceeding brought under the previous section.

(b) Expedited removal of certain buildings. The city may use the provisions of this subsection to expedite the removal of certain buildings that are a continuing hazard to the community.

If a residential or commercial building is three stories or less in height as defined by the city's building code, and the corporate official designated to be in charge of enforcing the city's building code determines that the building is open and vacant and an immediate and continuing hazard to the community, then the official shall be authorized to post a notice not less than two feet by two feet in size on the front of the building. The notice shall be dated as of the date of the posting and shall state that unless the building is demolished, repaired or enclosed, and unless any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials are removed so that an immediate and continuing hazard to the community no longer exists, then the building may be demolished, repaired, or enclosed, or any garbage, debris and other hazardous, noxious, or unhealthy substances or materials may be removed, by the city.

Not later than 30 days following the posting of the notice, the city shall do all of the following:

(1) Cause to be sent, by certified mail, return receipt requested, a notice to remediate to all owners of record of the property, the beneficial owners of any Illinois land trust having title to the property, and all lienholders of record in the property, stating the intent of the city to demolish, repair or enclose the building or remove any garbage, debris or other hazardous, noxious or unhealthy substances or materials if that action is not taken by the owner or owners.

(2) Cause to be published, in a newspaper published or circulated in the city, a notice setting forth (i) the permanent tax index number and the address of the building, (ii) a statement that the property is open and vacant and constitutes an immediate and continuing hazard to the community, and (iii) a statement that the city intends to demolish, repair or enclose the building or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if the owner or owners or lienholders of record fail to do so. This notice shall be published for three consecutive days.

(3) Cause to be recorded the notice to remediate mailed under paragraph (1) in the Office of the Recorder of Deeds of Clark County.

A person or persons with a current legal or equitable interest in the property objecting to the proposed actions of the city may file his or her objection in an appropriate form in a court of competent jurisdiction.

If the building is not demolished, repaired or enclosed, or the garbage, debris or other hazardous, noxious or unhealthy substances or materials are not removed, within 30 days of mailing the notice to the owners of record, the beneficial owners of any Illinois land trust having title to the property, and all lienholders of record in the property, or within 30 days of the last day of publication of the notice, whichever is later, the city shall have the power to demolish, repair or enclose the building or to remove any garbage, debris or other hazardous, noxious or unhealthy substances or materials.

The city may proceed to demolish, repair or enclose a building or remove any garbage, debris or other hazardous, noxious or unhealthy substances or materials under this subsection within a 120-day period following the date of the mailing of the notice if the appropriate official determines that the demolition, repair, enclosure or removal of any garbage, debris or other hazardous, noxious or unhealthy substances or materials is necessary to remedy the immediate and continuing hazard. If, however, before the city proceeds with any of the actions authorized by this subsection, any person with a legal or equitable interest in the property has sought a hearing under Section 11-31-1(e) of the Illinois Municipal Code2 before a court and has served a copy of the complaint on the mayor of the city, then the city shall not proceed with the demolition, repair, enclosure or removal of garbage, debris or other substances until the court determines that that action is necessary to remedy the hazard and issues an order authorizing the city to do so. If the court dismisses the action for want of prosecution, the city must send the objector a copy of the dismissal order and a letter stating that the demolition, repair, enclosure, or removal of garbage, debris, or other substances will proceed unless, within 30 days after the copy of the order and the letter are mailed, the objector moves to vacate the dismissal and serves a copy of the motion on the mayor of the city. Notwithstanding any other law to the contrary, if the objector does not file a motion and give the required notice, if the motion is denied by the court, or if the action is again dismissed for want of prosecution, then the dismissal is with prejudice and the demolition, repair, enclosure, or removal may proceed forthwith.

Following the demolition, repair or enclosure of a building, or the removal of garbage, debris or other hazardous, noxious or unhealthy substances or materials under this subsection, the city may file a notice of lien against the real estate for the cost of demolition, repair, enclosure or removal within 180 days after the repair, demolition, enclosure or removal occurred, for the cost and expenses incurred, in the office of the recorder of deeds. This lien has priority over the interests of those parties named in the notice to remediate mailed under paragraph (1), but not over the interest of third-party purchasers or encumbrancers for value who obtained their interests in the property before obtaining actual or constructive notice of the lien. The notice of lien shall consist of a sworn statement setting forth (i) a description of the real estate, such as the address or other description of the property, sufficient for its identification; (ii) the expenses incurred by the city in undertaking the remedial actions authorized under this subsection; (iii) the date or dates the expenses were incurred by the city; (iv) a statement by the corporate official responsible for enforcing the building code that the building was open and vacant and constituted an immediate and continuing hazard to the community; (v) a statement by the corporate official that the required sign was posted on the building, that notice was sent by certified mail to the owners of record, and that notice was published in accordance with this subsection; and (vi) a statement as to when and where the notice was published. The lien authorized by this subsection may thereafter be released or enforced by the city as provided in subsection (a).

(c) Hazardous substances and petroleum products on, in, or under abandoned and unsafe property. The city may remove or cause the removal of, or otherwise environmentally remediate hazardous substances and petroleum products, on, in, or under any abandoned and unsafe property within the city. In addition, where preliminary evidence indicates the presence or likely presence of a hazardous substance or a petroleum product or a release or a substantial threat of a release of a hazardous substance or a petroleum product on, in, or under the property, the city may inspect the property and test for the presence or release of hazardous substances and petroleum products. For purposes of this subsection (c):

(1) "Property" or "real estate" means all real property, whether or not improved by a structure;

(2) "Abandoned" means:

(a) The property has been tax delinquent for two or more years;

(b) The property is unoccupied by persons legally in possession; and

(3) "Unsafe" means property that presents an actual or imminent threat to public health and safety caused by the release of hazardous substances; and

(4) "Hazardous substances" means the same as in Section 3.215 of the Environmental Protection Act3.

The city attorney shall, pursuant to Section 11-31-1(f) of the Illinois Municipal Code4 apply to the circuit court (i) for an order allowing the city to enter the property and inspect and test the substances on, in, or under the property; or (ii) for an order authorizing the city to take action with respect to remediation of the property if conditions on the property, based on the inspection and testing authorized in paragraph (i) indicate the presence of hazardous substances or petroleum products.

(d) Remedy of fire hazards. The fire chief of the fire protection district or any municipal official whose duty it is to investigate fires may make investigations authorized by Sections 9 through 9e of the Illinois Fire Investigation Act5. If such officer shall find that any building or structure is so occupied or situated as to endanger persons or property, or by reason of faulty construction, age, lack of repair, or for any other cause is especially liable to fire or is liable to cause injury by collapsing or otherwise, such officer shall order the dangerous condition removed or remedied, and shall so notify the owner, occupant or other person interested in the premises. Service of such notice may be made in person or by registered or certified mail, and any person so notified may appeal from the decision of such officer in the manner provided by law.

(Ord. No. 90-16, § 3(9-95), 8-13-90; Ord. No. 05-6, § 5, 3-28-05; Ord. No. 07-4, § 3, 3-12-07)

165 ILCS 5/11-31-1(d)

265 ILCS 5/11-31-1(e)

3415 ILCS 5/1 et seq.

465 ILCS 5/11-31-1(f)

5425 ILCS 25/9 through 425 ILCS 25/9e

Secs. 18-187– 18-200. Reserved.

ARTICLE VIII.
REGULATING DEVELOPMENT IN FLOODPLAIN AREAS*

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Editor's note: Ordinance No. 07-23, §§ 1– 14, adopted June 25, 2007, did not specifically amend the Code. Therefore, such ordinance has been added as §§ 18-201– 18-214 at the editor's discretion.

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Sec. 18-201. Purpose.

This article is enacted pursuant to the police powers granted to the city by the Illinois Municipal Code (65 ILCS 5/1-2-1, 5/11-12-12, 5/11-30-2, 5/11-30-8, and 5/11-31-2) in order to accomplish the following purposes:

(a) To prevent unwise developments from increasing flood or drainage hazards to others;

(b) To protect new buildings and major improvements to buildings from flood damage;

(c) To promote and protect the public health, safety, and general welfare of the citizens from the hazards of flooding;

(d) To lessen the burden on the taxpayer for flood control, repairs to public facilities and utilities, and flood rescue and relief operations;

(e) To maintain property values and a stable tax base by minimizing the potential for creating blight areas; and

(f) To make federally subsidized flood insurance available; and

(g) To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

(Ord. No. 07-23, § 1, 6-25-07)

Sec. 18-202. Definitions.

For the purposes of this article, the following definitions are adopted:

Base flood: The flood having a one-percent probability of being equaled 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 section 18-203 of this article.

Base flood elevation (BFE): The elevation in relation to mean sea level of the crest of the base flood.

Building: A structure that is principally above ground and is enclosed by walls and a roof including manufactured homes, prefabricated buildings, and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than 180 days per year.

Critical facility: Any public or private facility which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Examples are public buildings, emergency operations and communication centers, health care facilities and nursing homes, schools, and toxic waste treatment, handling or storage facilities.

Development: Any manmade change to real estate including, but not necessarily limited to:

(i) Demolition, construction, reconstruction, repair, placement of a building, or any structural alteration to a building,

(ii) Substantial improvement of an existing building;

(iii) Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days per year;

(iv) Installation of utilities, construction of roads, bridges, culverts or similar projects;

(v) Construction or erection of levees, dams, walls, or fences;

(vi) Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface;

(vii) Storage of materials including the placement of gas and liquid storage tanks; and

(viii) Channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters.

Development does not include routine maintenance of existing buildings and facilities; resurfacing roads; or gardening, plowing, and similar practices that do not involve filling, grading, or construction of levees.

FEMA: Federal Emergency Management Agency.

Flood: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

Flood fringe: That portion of the floodplain outside of the regulatory floodway.

Flood insurance rate map: A map prepared by the Federal Emergency Management Agency that depicts the floodplain or special flood hazard area (SFHA) within a community. This map includes insurance rate zones and may or may not depict floodways and show base flood elevations.

Floodplain: Those lands within the jurisdiction of the city that are subject to inundation by the base flood. The floodplains of Big Creek are generally identified as such on the flood insurance rate map of the city prepared by the Federal Emergency Management Agency and dated August 2, 2007. The floodplains of those parts of unincorporated Clark County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are generally identified as such on the flood insurance rate map prepared for Clark County by the Federal Emergency Management Agency and dated August 2, 2007. Floodplain also includes those areas of known flooding as identified by the community.

Floodproofing: Any combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate, property and their contents.

Floodproofing certificate: A form published by the Federal Emergency Management Agency that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.

Flood protection elevation (FPE): The elevation of the base flood plus one foot of freeboard at any given location in the floodplain.

Floodway: That portion of the floodplain required to store and convey the base flood. The floodways for each of the floodplains of the city shall be according to the best data available from federal, state, or other sources.

IDNR/OWR: Illinois Department of Natural Resources/Office of Water Resources.

Manufactured home: A structure transportable in one or more sections, that is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities.

NFIP: National Flood Insurance Program.

Repetitive loss: Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25 percent of the market value of the structure before the damage occurred.

Special flood hazard area (SFHA): See definition of "floodplain". Floodplain and special flood hazard area are synonymous.

Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination.

Substantial improvement: Any reconstruction, rehabilitation, addition, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. "Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or the Illinois Register of Historic Places.

Travel trailer (or recreational vehicle): A vehicle which is:

(1) Built on a single chassis;

(2) Four hundred square feet or less in size;

(3) Designed to be self-propelled or permanently towable by a light-duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(Ord. No. 07-23, § 2, 6-25-07)

Sec. 18-203. Base flood elevation.

This article's protection standard is the base flood. The best available base flood data are listed below. Whenever a party disagrees with the best available data, the party shall finance the detailed engineering study needed to replace the existing data with better data and submit it to the FEMA and IDNR/OWR for approval prior any development of the site.

(a) The base flood elevation for the floodplains of Big Creek shall be according to the best data available from federal, state or other sources. Should no other data exist, an engineering study must be financed to determine base flood elevations.

(b) The base flood elevation for each of the remaining floodplains delineated as a "zone A" on the flood insurance rate map of the city shall be according to the best data available from federal, state or other sources. Should no other data exist, an engineering study must be financed to determine base flood elevations.

(c) The base flood elevation for the floodplains of those parts of unincorporated Clark County that are within the extraterritorial jurisdiction of the city, or that may be annexed into the city, shall be as delineated on the 100-year flood profiles of the Flood Insurance Study of Clark County prepared by the Federal Emergency Management Agency and dated August 2, 2007.

(Ord. No. 07-23, § 3, 6-25-07)

Sec. 18-204. Duties of the zoning officer.

The zoning officer shall be responsible for the general administration of this article and ensure that all development activities within the floodplains under the jurisdiction of the city meet the requirements of this article. Specifically, the zoning officer shall:

(a) Process development permits in accordance with section 18-205;

(b) Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of section 18-206;

(c) Ensure that the building protection requirements for all buildings subject to section 18-207 are met and maintain a record of the "as-built" elevation of the lowest floor (including basement) or floodproof certificate;

(d) Assure that all subdivisions and annexations meet the requirements of section 18-208;

(e) Ensure that water supply and waste disposal systems meet the public health standards of section 18-209;

(f) If a variance is requested, ensure that the requirements of section 18-210 are met and maintain documentation of any variances granted;

(g) Inspect all development projects and take any and all actions outlined in section 18-212 as necessary to ensure compliance with this article;

(h) Assure that applicants are aware of and obtain any and all other required local, state, and federal permits;

(i) Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a watercourse;

(j) Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;

(k) Cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this article; and

(l) Maintain for public inspection base flood data, floodplain maps, copies of state and federal permits, and documentation of compliance for development activities subject to this article.

(m) Perform site inspections and make substantial damage determinations for structures within the floodplain.

(n) Maintain the accuracy of floodplain maps including notifying IDNR/OWR and/or submitting information to FEMA within six months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map.

(Ord. No. 07-23, § 4, 6-25-07)

Sec. 18-205. Development permit.

No person, firm, corporation, or governmental body not exempted by law shall commence any development in the floodplain without first obtaining a development permit from the zoning officer. The zoning officer shall not issue a development permit if the proposed development does not meet the requirements of this article.

(a) The application for development permit shall be accompanied by:

(1) Drawings of the site, drawn to scale showing property line dimensions;

(2) Existing grade elevations and all changes in grade resulting from excavation or filling;

(3) The location and dimensions of all buildings and additions to buildings; and

(4) The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of section 18-207 of this article.

(5) Cost of project or improvements as estimated by a licensed engineer or architect. A signed estimate by a contractor may also meet this requirement.

(6) A nonrefundable permit fee of $75.00.

(b) Upon receipt of an application for a development permit, the zoning officer shall compare the elevation of the site to the base flood elevation. Any development located on land that can be shown by survey data to be higher than the current base flood elevation and which has not been filled after the date of the site's first flood insurance rate map is not in the floodplain and therefore not subject to the requirements of this article. Conversely, any development located on land shown to be below the base flood elevation and hydraulically connected, but not shown on the current flood insurance rate map is subject to the provisions of this article. The zoning officer shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first flood insurance rate map identification.

(Ord. No. 07-23, § 5, 6-25-07)

Sec. 18-206. Preventing increased flood heights and resulting damages.

Within all floodplains where a floodway has not been delineated, the following standards shall apply:

(a) Except as provided in Section 6b, no development shall be allowed which, acting in combination with existing and anticipated development, will cause any increase in flood heights or velocities or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement:

(1) Barge fleeting facilities meeting the conditions of IDNR/OWR Statewide Permit No. 3;

(2) Aerial utility crossings meeting the conditions of IDNR/OWR Statewide Permit No. 4;

(3) Minor boat docks meeting the conditions of IDNR/OWR Statewide Permit No. 5;

(4) Minor, nonobstructive activities meeting the conditions of IDNR/OWR Statewide Permit No 6;

(5) Outfall structures and drainage ditch outlets meeting the conditions of IDNR/OWR Statewide Permit No. 7;

(6) Underground pipeline and utility crossings meeting the conditions of IDNR/OWR Statewide Permit No. 8;

(7) Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit No. 9;

(8) Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR Statewide Permit No. 10;

(9) Minor maintenance dredging activities meeting the conditions of IDNR/OWR Statewide Permit No. 11;

(10) Bridge and culvert replacement structures and bridge widenings meeting the conditions of IDNR/OWR Statewide Permit No. 12;

(11) Temporary construction activities meeting the conditions of IDNR/OWR Statewide Permit No. 13; and

(12) Any development determined by IDNR/OWR to be located entirely within a flood fringe area.

(b) Other development activities not listed in (a) may be permitted only if:

(1) A permit has been issued for the work by IDNR/OWR (or written documentation is provided that an IDNR/OWR permit is not required); and

(2) Sufficient data has been provided to FEMA when necessary, and approval obtained from FEMA for a revision of the regulatory map and base flood elevation.

(Ord. No. 07-23, § 6, 6-25-07)

Sec. 18-207. Protecting buildings.

(a) In addition to the damage prevention requirements of section 18-206, all buildings located in the floodplain shall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations:

(1) Construction or placement of a new building valued at more than $1,000.00 or 70 square feet;

(2) Substantial improvements made to an existing building. This alteration shall be figured cumulatively beginning with any alteration which has taken place subsequent to July 5, 2007;

(3) Repairs made to a substantially damaged building. These repairs shall be figured cumulatively beginning with any repairs which have taken place subsequent to July 5, 2007;

(4) Structural alterations made to an existing building that increase the floor area by more than 20 percent;

(5) Installing a manufactured home on a new site or a new manufactured home on an existing site (the building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage); and

(6) Installing a travel trailer or recreational vehicle on a site for more than 180 days per year.

(7) Repetitive loss to an existing building as defined in section 18-202.

(b) Residential or nonresidential buildings can meet the building protection requirements by one of the following methods:

(1) The building may be constructed on permanent land fill in accordance with the following:

a. The lowest floor (including basement) shall be at or above the flood protection elevation;

b. The fill shall be placed in layers no greater than six inches before compaction and should extend at least ten feet beyond the foundation before sloping below the flood protection elevation;

c. The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or other structural measure;

d. The fill shall be composed of rock or soil and not incorporate debris or refuse materials; and

e. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties and when necessary, stormwater management techniques such as swales or basins shall be incorporated; or

(2) The building may be elevated in accordance with the following:

a. The building or improvements shall be elevated on stilts, piles, walls, or other foundation that is permanently open to flood waters;

b. The lowest floor and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation;

c. If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of flood waters. Designs must either be certified by a registered professional engineer or by having a minimum of one permanent opening on each wall no more than one foot above grade. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation;

d. The foundation and supporting members shall be anchored, designed, and certified so as to minimize exposure to hydrodynamic forces such as current, waves, ice and floating debris;

e. The finished interior grade shall not be less than the finished exterior grade;

f. All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage;

g. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the flood protection elevation provided they are waterproofed; and

h. The area below the flood protection elevation shall be used solely for parking or building access and not later modified or occupied as habitable space.

(c) Manufactured homes or travel trailers to be permanently installed on site shall be:

(1) Elevated to or above the flood protection elevation; and

(2) Anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the Rules and Regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 IL Adm. Code 870.

(d) Travel trailers and recreational vehicles on site for more than 180 days shall meet the elevation requirements of section 18-207(c) unless the following conditions are met:

(1) The vehicle must be either self-propelled or towable by a light-duty truck. The hitch must remain on the vehicle at all times;

(2) The vehicle must not be attached to external structures such as decks and porches;

(3) The vehicle must be designed solely for recreation, camping, travel, or seasonal use rather than as a permanent dwelling;

(4) The vehicle's largest horizontal projections must be no larger than 400 square feet;

(5) The vehicle's wheels must remain on axles and inflated;

(6) Air-conditioning units must be attached to the frame so as to be safe for movement out of the floodplain;

(7) Propane tanks, electrical and sewage connections must be quick-disconnect and above the 100-year flood elevation;

(8) The vehicle must be licensed and titled as a recreational vehicle or park model; and

(9) The vehicle must be either (a) entirely supported by jacks rather than blocks or (b) have a hitch jack permanently mounted, have the tires touching the ground, and be supported by blocks in a manner that will allow the blocks to be easily removed by use of the hitch jack.

(e) Nonresidential buildings may be structurally dry floodproofed (in lieu of elevation) provided a registered professional engineer or architect certifies that:

(1) Below the flood protection elevation the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood;

(2) The building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and the impact from debris and ice; and

(3) Floodproofing measures will be incorporated into the building design and 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.

(f) Garages or sheds constructed ancillary to a residential use may be permitted provided the following conditions are met:

(1) The garage or shed must be nonhabitable; and

(2) The garage or shed must be used only for the storage of vehicles and tools and cannot be modified later into another use; and

(3) The garage or shed must be located outside of the floodway; and

(4) The garage or shed must be on a single-family lot and be accessory to an existing principal structure on the same lot; and

(5) Below the base flood elevation, the garage or shed must be built of materials not susceptible to flood damage; and

(6) All utilities, plumbing, heating, air conditioning and electrical must be elevated above the flood protection elevation; and

(7) The garage or shed must have at least one permanent opening on each wall no more than one foot above grade with one square inch of opening for every square foot of floor area; and

(8) The garage or shed must be less than $7,500.00 in market value or replacement cost whichever is greater or less than 500 square feet; and

(9) The structure shall be anchored to resist floatation and overturning; and

(10) All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the flood protection elevation; and

(11) The lowest floor elevation should be documented and the owner advised of the flood insurance implications.

(g) A building may be constructed with a crawlspace located below the flood protection elevation provided that the following conditions are met:

(1) The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy; and

(2) Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. A minimum of one opening on each wall having a total net area of not less than one square inch per one square foot of enclosed area. The openings shall be no more than one foot above grade; and

(3) The interior grade of the crawlspace below the flood protection elevation must not be more than 2 feet below the lowest adjacent exterior grade; and

(4) The interior height of the crawlspace measured from the interior grade of the crawl to the top of the foundation wall must not exceed four feet at any point; and

(5) An adequate drainage system must be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event; and

(6) Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage; and

(7) Utility systems within the crawlspace must be elevated above the flood protection elevation.

(Ord. No. 07-23, § 7, 6-25-07)

Sec. 18-208. Subdivision requirements.

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.

(a) New subdivisions, manufactured home parks, annexation agreements, planned unit developments, and additions to manufactured home parks and subdivisions shall meet the damage prevention and building protection standards of sections 18-206 and 18-207 of this article. Any proposal for such development shall include the following data:

(1) The base flood elevation and the boundary of the floodplain (where the base flood elevation is not available from an existing study, the applicant shall be responsible for calculating the base flood elevation);

(2) The boundary of the floodway when applicable; and

(3) A signed statement by a registered professional engineer that the proposed plat or plan accounts for changes in the drainage of surface waters in accordance with the Plat Act (765 ILCS 205/2).

(Ord. No. 07-23, § 8, 6-25-07)

Sec. 18-209. Public health and other standards.

(a) Public health standards must be met for all floodplain development. In addition to the requirements of sections 18-206 and 18-207, the following standards apply:

(1) No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of section 18-207 of this article.

(2) Public utilities and facilities such as sewer, gas, and electric shall be located and constructed to minimize or eliminate flood damage;

(3) Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into flood waters;

(4) New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other above ground openings located below the flood protection elevation shall be watertight.

(5) Critical facilities shall be protected to the 500-year flood elevation. In addition, all ingress and egress from any critical facility must be protected to the 500-year flood elevation.

(b) All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.

(Ord. No. 07-23, § 9, 6-25-07)

Sec. 18-210. Carrying capacity and notification.

For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained. In addition, the city shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse.

(Ord. No. 07-23, § 10, 6-25-07)

Sec. 18-211. Variances.

Whenever the standards of this article place undue hardship on a specific development proposal, the applicant may apply to zoning board of appeals for a variance. The zoning board of appeals shall review the applicant's request for a variance and may attach such conditions to granting of a variance as it deems necessary to further the intent of this article.

(a) No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:

(1) The development activity cannot be located outside the floodplain;

(2) An exceptional hardship would result if the variance were not granted;

(3) The relief requested is the minimum necessary;

(4) There will be no additional threat to public health or safety, or creation of a nuisance;

(5) There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities;

(6) The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and

(7) All other required state and federal permits have been obtained.

(b) The application shall be accompanied by a nonrefundable application fee of $150.00.

(c) The zoning board of appeals shall notify an applicant in writing that a variance from the requirements of the building protection standards of section 18-207 that would lessen the degree of protection to a building will:

(1) Result in increased premium rates for flood insurance up to $25.00 per $100.00 of insurance coverage;

(2) Increase the risks to life and property; and

(3) Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.

(d) Variances to the building protection requirements of section 18-207 of this article requested in connection with the reconstruction, repair or alteration of a site or building included on the National Register of Historic Places or the Illinois Register of Historic Places may be granted using criteria more permissive than the requirements of subsection 18-211(a)(1)-(7).

(Ord. No. 07-23, § 11, 6-25-07)

Sec. 18-212. Disclaimer of liability.

The degree of protection required by this article is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by manmade or natural causes. This ordinance does not imply that development either inside or outside of the floodplain will be free from flooding or damage. This ordinance does not create liability on the part of the city or any officer or employee thereof for any flood damage that results from proper reliance on this article or any administrative decision made lawfully thereunder.

(Ord. No. 07-23, § 12, 6-25-07)

Sec. 18-213. Abrogation and greater restrictions.

This article does not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this article and other easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 07-23, § 13, 6-25-07)

Sec. 18-214. Penalty.

Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this article. Upon due investigation, the zoning officer may determine that a violation of the minimum standards of this article exists. The zoning officer shall notify the owner in writing of such violation.

(a) If such owner fails after ten days' notice to correct the violation:

(1) The city shall make application to the circuit court for an injunction requiring conformance with this article or make such other order as the court deems necessary to secure compliance with the ordinance;

(2) Any person who violates this article shall upon conviction thereof be fined according to section 1-5 of the city's Code of Ordinances; and

(3) A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

(4) The city shall record a notice of violation on the title to the property.

(b) The zoning officer of the city shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.

(c) Nothing herein shall prevent the city from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.

(Ord. No. 07-23, § 14, 6-25-07)