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G-217 - 09/28/1977 - ZONING - Ordinances �• - ORDINANCE NO. AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES OF OAK BROOK, ILLINOIS, BE AMENDED BY ADDING A SECTION TO BE NUMBERED 10-2, TO CHAPTER 10 THEREOF, PROVIDING FOR THE MANAGEMENT AND CONTROL OF FLOOD PLAINS AND WETLANDS WITHIN THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, AND ITS ENVIRONS WHEREAS, the Plan Commission of the Village of Oak Brook, Du Page and Cook Counties, Illinois, has studied the threats to the public health, safety, and welfare of the Village resulting from*the uncontrolled development of flood plain and wetland areas within the Village and its environs; and WHEREAS, the Plan Commission and Zoning Board of Appeals have held a joint public hearing pursuant to statutory public notice, to hear testimony on the problems presented by development of flood plains and solutions thereto, and to consider this Ordinance; and WHEREAS, the Plan Commission and Zoning Board of Appeals of the Village have recommended the approval of this Ordinance to the President and Board of Trustees; and WHEREAS, the President and Board of Trustees of the Village of Oak Brook deem the passage of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook. NOW, THEREFORE, BE .IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, Du Page and Cook Counties, Illinois, that: SECTION 1: The provisions of the preamble hereinabove set forth are hereby restated herein as though herein fully set forth. SECTION 2: Chapter 10 of the Code of Ordinances of the Village of Oak Brook, Illinois, be amended by adding a section to be numbered 10-2, and to read as follows: Section 10-2: Flood Plain and Wetland Regulation. ARTICLE I - GENERAL REGULATIONS Section 1. 01: Purpose The purpose of this Ordinance is to diminish threats to public health and safety caused by flood- waters; reduce economic losses to individuals and the community at large; enhance community economic objectives; protect, conserve, and promote the orderly development of land and water resources; prevent victimizations and fraud; and comply with the guidelines for the National Flood Insurance Program as published by the U. S. Department of Housing and Urban Development. The following criteria and purposes are established for the utilization and control of such flood plain and wetland areas: �•� (a) to consider flooding and drainage problems as space allocation or land use problems and to the degree practicable allocate the natural floodwater storage space -- flood plains and wet lands -for this purpose. (b) to use flood plains and wet lands only for land use purposes which are compatible with their physical conditions, thereby preventing the creation of new flood and-- drainage problems. (c) to avoid the increase of upstream, cross-stream, and downstream flood risks by preventing increased runoff and a redistribution of flood waters. (d) to preserve and possibly enhance the quantity of ground water supplies by maintaining open and undisturbed prime natural ground water storage areas. (e) to preserve and possibly enhance the quality of ground and surface water re- sources by helping to control excess infiltration into sanitary sewer systems and by preventing the location of septic systems and mixed fills in an unfavor- able physical environment. (f) to preserve distinctive flood plain and wet land flora and fauna. (g) to consider flood plain and wet land areas in density consideration in zoning and subdivision determinations. (h) to improve the health, safety, and general welfare of the people of Oak Brook and its environs by lessening or avoiding hazards to persons and damage to property resulting from the accumulation or runoff of storm or floodwaters. (i) to preserve and possibly enhance the quality of the existing surface water by allowing the natural process of runoff and overbank flooding to accomplish what nature intended and to store floodwaters temporar- ily and to allow particulate, dissolved solids, and organic matter to settle, oxidize, and digest out of the floodwaters before returning to the main streamflow. Section 1. 02: Additional Regulations and Repealer The provisions of this Ordinance are in addition to, and not in limitation of, all other ordinances, rules, and regulations of the Village of Oak Brook, except for Section V, N. of Ordinance. No. G-60, as amended, which is hereby specifically repealed. Section 1. 03: Definitions The following words and phrases, when used in this Ordinance, shall mean the following: (a) Area of Special Flood Hazard: The land within the floodplain which is subject to a one percent chance of flooding annually. This area may also be identified as that which is subject to the one hundred year flood. -2- (b) Base Flood Elevation: The elevation at all locations at which there is a one percent chance of flooding annually. (c) Compensatory Storage: An artificially excavated volume of storage used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain. The uncompensated loss of natural floodplain storage can increase off-site floodwater elevations and flows. (d) Curvilinear Line: The border on the Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) that delineates the special flood hazard area and consists of a curved line or contour line that follows the topography. (e) Flood: The condition existing where the waters of any river, stream, creek, water- course, lake or pond temporarily rise to a height above their normal levels and over- flow the boundaries within which they are ordinarily contained. (f) Flood Frequency: A period of years during which a flood of stated magnitude will be expected to occur once on the average. (g) Flood Hazard Boundary Map (FHBM): An official map of the Village, issued or approved by the Administrator of the Federal Insurance Administration, on which the boundaries of the floodplain areas having special hazards have been drawn. (h) Flood Insurance Rate Map (FIRM): An official map of the Village, issued or approved by the Administrator of the Federal Insurance Administration, on which the area in which flood insurance may be sold under regular flood insurance programs and the actuarial rate zones applicable to that area are delineated. (i) Flood of Record: An actual historical flood event for which sufficient records are available to establish its extent. (j) Floodplain: The area of special flood hazard adjoining a watercourse whose surface elevation is lower than the Base Flood Elevation and which is subject to periodic inundation during floods. (k) Flood Profile: Graphical representations of the elevations of the water surface of the one hundred year flood along the watercourses of the Village. -3- "Amer, ter. (1) Floodproofing: Modifications to struc- tunes made to reduce damage resulting from floods. These changes may be made to existing, or incorporated in the design of new, structures._ (m) Flood Protection Elevation: The eleva- tion to which uses regulated in this Ordinance are required to be elevated or floodproofed. (n) Flood Return Period: Same as Flood Frequency. (o) Floodwaters: The waters of any stream, river, creek, watercourse, lake or pond which overflow the boundaries within which said waters are normally contained. (p) Floodway. The channel of a watercourse and those portions of the adjoining flood- plains which are reasonably required to carry and discharge the water of the one hundred year flood. (q) Floodway Encroachment Lines: The lateral boundaries of the floodway which separate it from the floodway fringes. (r) Floodway Fringe: The higher portion of the floodplain, immediately adjacent to and on either side of the floodway, occupied by quiescent or slow-moving waters during floods. That portion of the floodplain which is not otherwise identified as the floodway. (s) Freeboard: An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, unknown localized conditions, wave actions, and unpredictable effects such as may be caused by ice or debris jams. (t) Habitable Floor: Any floor used for living purposes, including a basement. (u) High-Water Elevation:. The elevation of floodwaters of the one hundred year flood at any given point [see (b) above]. (v) Hydrostatic Pressures: Hydrostatic pres- sures are those caused by water either above or below the ground surface, free or confined, which is either stagnant or moves at very low velocities, or up to five (5) feet per second. These pressures are equal to the product of the water pressure times the surface area on which the pressure acts. The pressure at any point is equal to the product of the unit weight of water (62. 5 pounds (, per cubic foot) multiplied by the height of water above the point or by the height to which confined water -4= NOW would rise if free to do so. Hydrostatic pressures at any point are equal in all directions and always act perpendicular to the surface on which they are applied. For the purpose of this Ordinance, hydrostatic pressures are subdivided into the following types: M Vertical Pressures: These are pressures acting vertically downward on horizontal or inclined sur- faces of buildings or struc- tures, such as roofs, decks, or floors, and walls, caused by the weight of flood waters above them. (ii) Lateral Pressures: Lateral hydrostatic pres- sures are those which act in a horizontal direction, against vertical or inclined surfaces, both above and below the ground surface and tend to cause lateral displacement and overturning of the building, structure, or parts thereof. (iii) Uplift: Uplift pressures are those which act in a verti- cally upward direction on the underside of horizontal or sloping surfaces of buildings or structures, such as base- ment slabs, footings, floors, decks, roofs, and overhangs. Hydrostatic pressures acting on inclined, rounded, or irregular surfaces may be resolved into vertical or uplift pressures and lateral pressures based on the geometry of the surfaces and the distribution of hydrostatic pressures. (w) One Hundred Year Flood: A flood magnitude with a one per cent statistical chance of being eq- ualed or exceeded during any year. A flood this large would be reached once during a 100-year period, on the average. However, the occurrence of such an event does not diminish the chance of its recurring again at any time. (x) Watercourse: Any stream, creek, brook, ' branch, natural or artificial depression, slough, ' gulch, wetland, reservoir, lake, pond, or natural or manmade drainageway in or into which storm- water runoff and floodwaters flow either regularly or intermittently. -5- (y) Wetlands: 1. The land areas in which the groundwater table or zone of saturation periodically intersects the surface and which contain wetland plant species that are listed in Norman C. Fassett, A Manual of Aquatic Plants (Madison: University of Wisconsin Press, 1957) and/or Floyd Swink, Plants of the Chicago Region, Second Edition (Lisle, Illinois: The Morton Arboretum, 1974), and/or Henry A. Gleason, The New Britton and Brown Illustrated Flora of the Northeastern United States and Adjacent Canada, (New York: Hafner Press, 1952). Wetland plants are distinguished from aquatic in that they are limited to species that can complete their life cycle without submersion but which have the ability to withstand a permanent or seasonally long submersion of at least the plant root system. 2. Wetlands, for the purposes of this Ordinance, are also defined to include areas of poorly drained soils with a water table within two (2) feet of the ground surface for at least three (3) months of the year. Section 1. 04: Maps and Profiles The maps and profiles listed, or from the sources listed, in each subsection below shall govern the classification of land within the Village for the purposes of this Ordinance, insofar as the information related thereby is certified as accurate by the Village Engineer. (a) Village Maps: Official maps prepared by the Village which depict the floodplains, flood- ways, floodway fringes, and floodway encroachment lines, and maps prepared by the following organizations: (1) Floods in Hinsdale Quadrangle, Illinois Hydrologic Investigation Atlas HA-86 Published by U. S. Geological Survey, 1964. (2) Floods in Wheaton Quadrangle, Illinois Hydrologic Investigation Atlas HA-148 Published by U. S. Geological Survey, 1965. (3) Des Plaines River Flood Plain Information Maps and Profiles prepared by Des Plaines River Steering Committees, December, 1975. (4) Upper Salt Creek Watershed Work Plan prepared with the assistance of - Soil Conservation Service of the U. S. Department of Agriculture, May, 1973. (5) Federal Insurance Administration. -6- (b) Flood Profiles: Flood profiles which _ describe the expected elevation of floods along the center lines of the principal rV watercourses of this Village prepared by the Village, and profiles prepared by the following organizations: (1) Floods in Hinsdale Quadrangle, Illinois Hydrologic Investigation Atlas HA-86 published by U. S. Geological Survey, 1964. (2) Floods in Wheaton Quadrangle, Illinois Hydrologic Investigation Atlas HA-148 published by U. S. Geological Survey, 1965. (3) Des Plaines River Flood Plain Information Maps and Profiles prepared by Des Plaines River Steering Committees, December, 1975. (4) Upper Salt Creek Water- shed Work Plan prepared with the assistance of Soil Conservation Service of the U. S. Department of Agriculture, May, 1973. (5) Federal Insurance Ad- ministration. (c) Conflicts between Maps and Profiles: In the event a conflict arises between the infor- mation depicted by the official Village floodplain maps and profiles, and in the absence of any overriding information to the 'contrary, the data prescribed by the profiles will govern. (d) 1. One Hundred Year Flood: Information pertaining to the one hundred year flood incor- porated in this Ordinance, including maps and profiles, has been extracted from and is based on the studies and reports listed in subsections (a) and (b) above. 2. Flood of Record: Information pertaining to the flood of.record incorporated in this Ordi- nance, including maps and profiles, has been extracted from and is based on the studies and reports listed in subsections (a) and (b) above. (e) Official Elevations: The system of official Bench Marks and elevations already established in the area by the U. S. Coast and Geodetic Survey (First Order Level Networks) or the U. S. Geo- logical Survey shall hereafter be taken by engineers, surveyors, architects, and contractors when n AM making topographical surveys and maps, and when setting grades and elevations of buildings, pavements, drainage facilities, and other structures of works publicly constructed or regulated by the Village. (f) Lateral Transfer of Elevations: For purposes of this Ordinance, the high-water elevation applicable to a specific site, if not otherwise depicted by the official maps and profiles described above, shall be that elevation established for the adjoining stream or channel measured at right angles to the general direction of flow in that stream or channel. Section 1. 05: General Conditions The following general conditions shall apply in Articles II and III below: (a) Floodways: On lots containing floodways, which have been identified in Section 1. 04 of this Ordinance, fill, encroachments, and new construction and substantial improvements of existing structures, shall be prohibited, except such as are specifically permitted in floodways by the ordinances, rules, and regulations of the Village of Oak Brook. (b) Floodway Fringes: On lots containing floodway fringes, which have been identified in Section 1. 04 of this Ordinance, construc- tion, filling or use of those low lying lands shall be prohibited except such as are specifically permitted in floodway fringes by the ordinances, rules, and regulations of the Village of Oak Brook. (c) Floodplains of the Flood of Record: If the only information pertaining to an area is that described by the floodplains associated with the flood of historical record, all of each such floodplains are hereby classified as a floodway until the President and Board of Trustees of the Village determine, after review of pertinent information, that such an area should be reclassified and reclassify such area by ordinance or resolution. (d) Compensatory Storage: Whenever any portion of a floodplain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by at least an equal volume of excavation taken from below the base flood elevation. In the case of streams or water- courses, such excavation shall be made opposite or immediately adjacent to the areas so filled or occupied. All such excavations should be constructed to drain freely and -8- openly to the watercourse. All earth- moving in the Village of Oak Brook shall be pursuant to a permit issued in accor- dance with applicable ordinances, rules, and regulations of the Village of Oak Brook. (e) Freeboard: All structures located in a floodplain will be required to be so sited on fill or otherwise designed and constructed so as to be floodproofed for at least three (3. 0) feet above the base flood elevation. (f) One Hundred Year Flood: Wherever the areas expected to be inundated by the one hundred year flood have been specifically identified, it is the intention of this Ordinance to provide protection in those areas against the high waters of that flood. (g) Historical Flood of Record: In the absence of specific information pertaining to the one hundred year flood, it is the intention of this Ordinance to provide protection in the low lying areas of the Village against the high waters of the histori- cal flood of record. (h) Land Use Controls: This Ordinance is not intended to reduce or eliminate existing flooding. On the contrary, these regulations are designed to guide and control development in such a manner as to lessen the damaging effects of floods on future developments proposed for the low lying areas of the Village and other areas which may be affected by development of areas within the Village. M Disclaimer of Liability: This Ordinance is remedial, based on historical records, engineer- ing and scientific methods of study. Its passage does not imply that land affected by this Ordi- nance will be free from flooding or flood damage. This Ordinance shall not create any liability on the part of the Village of Oak Brook or any officer, employee, or agent thereof for any flood damage which may result from reliance on, actions taken or omitted, or decisions rendered under, this Ordinance. Section 1. 06: Nonconforming Structures and Uses (a) Nonconforming Structures: Nonconforming structures may remain in use subject to the following regulations: (1) Alterations: A nonconforming structure shall not be enlarged, . replaced, or structurally altered. A nonconforming structure acci- dentally damaged may be restored unless the damage exceeds fifty percent (5076) of its replacement value in which case it must �- - thereafter conform to this Ordi- nance. The Building Commissioner shall determine the amount of damage. (2) Construction Approved Prior to Adoption of this Ordinance: Pro- posed structures for which building . permits have been issued and all lots which have received variations prior to their designation as non- conforming by adoption of this Ordinance may be completed and used as originally intended subject to the provisions of this Ordinance relating to nonconforming structures and uses. (b) Nonconforming Uses: Nonconforming uses may be continued subject to the following regulations: (1) Extensions: A nonconforming use shall not be expanded or moved to occupy any portion of the pre- mises, either land or structure, which was not originally occupied by the nonconforming use. (2) Discontinuance: Whenever a nonconforming use of any premises has been discontinued for a period of twelve (12) months, it may not be reestablished. (3) Changes: A nonconforming use shall not be changed to another or different nonconforming use. ARTICLE II - PERMITTED AND SPECIAL USES Section 2. 01: Occupation and Use of Floodways In flood- ways only those uses will be permitted which will not: (1) affect the rate of flow or quantity of floodwaters flowing into, over or off of the subject property; (2) affect the available detention area of the flood plain; or (3) result in an increase in the risk of blockages forming in a flood- way during a flood. (a) Permitted Uses: The following uses, when permitted by the Oak Brook Zoning Ordinance, Ordinance No. G-60, as amended, of the Village of Oak Brook, are found to have a low flood damage potential and are specifically permitted if they will not obstruct flood flows, provided that no structure, fill, or storage of materials or �. equipment is required. (1) General agricultural or horticultural; (2) Private and public re- -10- creational; (3) Residential use as lawns, gardens or play areas. (b) Special Uses: Uses not listed above which are permitted or special uses under the Oak Brook Zoning Ordinance for the subject property may be allowed upon issuance of a special use permit as set forth below. Section 2. 02: Occupation and Use of Floodway Fringes In floodway fringes only those uses will be permitted which will not affect the capacity of the floodway fringe to store or detain floodwaters. (a) Permitted Uses: The uses listed in Sec- tion 2.01 a hereof. (b) Special Uses: Uses not listed above which are permitted or special uses under the Oak Brook Zoning Ordinance for the subject property may be allowed upon issuance of a special use permit as set forth below. Section 2. 03: Occupation and Use of Wetlands In wetlands only those uses will be permitted which will not affect adversely the quantity or quality of the public water supply, drainage, storm water.runoff or detention, or the health and safety of the Village and its environs. (a) Permitted Uses: The uses listed in Section 2. 01 (a) and any other uses per- mitted by the applicable provisions of the Oak Brook Zoning Ordinance which, in the opinion of the Building Commissioner, will not adversely affect the public water supply or the public health and sanitation. (b) Special Uses: Uses not listed above which are permitted or special uses under the Oak Brook Zoning Ordinance for the subject property may be allowed upon issuance of a special use permit as set forth below. Section 2. 04: Special Use Permits (a) Any use listed in this Ordinance as requiring a special use permit may be allowed only upon application to and issuance of a special use permit by the Village. (1) Authority: Special uses shall be authorized or denied by the Village Board -- in accordance with the _ Statutes of the State of Illinois applicable to amendments of a zoning ordinance, and the regula- tions and conditions set forth in this Ordinance for special uses. No application for a special use shall be acted upon by the Village Board until after: (i) A written report is prepared and forwarded to the Zoning Board of Appeals and the Village Board by the Plan Commission in the manner prescribed in the Zoning Ordinance for amendments to said Ordinance; and (ii) A public hearing has been held by the Zoning Board of Appeals, after due notice by publication as provided by the applicable Statutes of the State of Illinois for amend- ments to a Zoning Ordinance and upon a report of the Plan Commission to the Board of Trustees, if such a report is made. (2) Initiation: An application for a special use may be made by any person, firm, or corporation or by any office, department, board, bureau, or commission requesting or intended to request a zoning certificate for property within a flood plain, as defined in this Ordinance. (3) Processing: An application for a special use, in such form and accompanied by such information as shall be established from time to time by the Village of Oak Brook, shall be filed with the Village Clerk and thereafter pro- cessed in the manner prescribed there- tofore for applications for amendments. (4) Decisions: The Village Board, upon report of the Zoning Board of Appeals and the Plan Commission, and without further hearing, may authorize or deny an application for a special use in accordance with the Statutes of the State of Illinois applicable to amendments, or may refer it back to the Zoning Board of Appeals and the Plan Commission for further considera- tion. No special use shall be authorized by the Village Board unless the -12- special use: - (1) Is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected; and (ii) Would not cause sub- stantial injury to the value of other property in the neighborhood in which it is located. (5) Conditions: The Plan Commission and Zoning Board of Appeals may recommend, and the Village Board may provide, such conditions and restrictions upon the construction, location, and operation of a special use, as may be deemed necessary to promote the general objectives of this Ordinance and to minimize the danger of flood damage resulting therefrom. (b) Procedure to be Followed by the Plan Commission in Making Recommendations Concerning Special Use Permits: Upon receiving an application for a special use permit, the Plan Commission shall, prior to making a recommendation thereon: (1) Require the applicants to furnish three copies of such of the following information, prepared by a professional engineer or land surveyor, registered as such in the State of Illinois, as is deemed necessary by the Plan Commis- sion for determining the suitability of the particular site for the proposed use: (i) Plans drawn to a readable scale showing location, nature, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the channel, floodway, and the flood-protection elevation. (ii) Typical valley cross-sections) drawn to a scale of 1" to 100' and a vertical scale of 1" to 10' showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas.to be occupied by the proposed development, and high-water elevation. Cross- section intervals shall not exceed 1001. t _ (iii) Plans (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage -13- elevations; size, location, and _ spatial arrangement of all proposed ` and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; soil types, and other pertinent information. Contours shall be shown at one foot W) intervals. (iv) Photographs showing existing land uses and vegetation upstream and downstream. (v) A profile showing the slope of the bottom of the channel or the flow line of the stream. (vi) Specifications for filling, grading, dredging, channel im- provements, storage of materials, water supply, and sanitary facilities. (2) Transmit one copy of the infor- mation described in' subsection (b) (1) to the Village Engineer for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities; the seriousness of flood damage to the use; the adequacy of the plans for protection; and other technical matters. (3) Based upon the technical evaluation of the Village Engineer, determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (c) Factors Upon Which the Recommendations of the Zoning Board of Appeals and the Plan Commission Shall Be Based: In making recommendations upon applications for special use permits, the Zoning Board of Appeals and the Plan Commission shall consider all relevant factors specified in other sections of this Ordinance, including but not limited to the following: (1) The danger to life and property due to increased flood heights or velocities caused by encroachments; (2) The danger that materials may be swept on to other lands, or cross- stream, upstream, or-downstream to _ the injury of others; (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions; -14- (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; (5) The importance of the services provided by the proposed facility to the community; (6) The requirements of the facility for a waterfront location; (7) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (8) The relationship of the proposed use to the comprehensive plan and flood-plain management program for the area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and (11) Such other factors which are relevant to the purposes of this Ordinance. (d) Conditions Attached to Special Use Permits: Upon consideration of the Zoning Board of Appeals and the Plan Commission recommendations, the factors listed above, and the purpose of this Ordinance, the President and Board of Trustees may by ordinance grant, deny, or attach such conditions to the granting of, special use permits as they deem necessary to further the purposes of this Ordinance. Among such conditions, without limitation because of specific enumeration, may be included: (1) Modification of waste disposal and water-supply facilities; (2) Limitations on periods of use and operation; (3) Imposition on operational controls, deposit of surety bonds, and deed restrictions; r (4) Requirements for construction of channel modifications, dikes, levees, and other protective measures; and -15 (5) Flood-proofing measures designed to be consistent with the flood protec- Jr elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the one hundred year flood. In this event, the President and Board of Trustees shall require that the applicant submit a plan or document certified by a registered structural engineer that the flood proofing measures are consistent with the flood protection elevation and associated flood factors for the particular area and shall be provided in accordance with the standards for completely flood proofed struc- tures contained within the United States Army Corps of Engineers publication, "Flood-Proofing Regulations, " June, 1972, GPO: 1973 0-505-026 edition, or any subsequent edition thereof. Section 2. 05: Variations (a) Variations to the provisions of this Ordinance may be granted by the President and Board of Trustees upon recommendation by the Zoning Board of Appeals. (b) Authority: The Board of Trustees shall decide all applications for variations of the provisions of this Ordinance after a public hearing held before the Zoning Board of Appeals on such notice as shall be required by the Illinois Statutes for zoning variations. The Zoning Board of Appeals shall hold public hearings upon all applications for variations and shall report its recommendations to the Board of Trustees as to whether a requested variation would be in harmony with its general purpose and intent, and shall recommend a variation only where it shall have made a finding of fact specifying the reason or reasons for recommending the variation. Such findings shall be based upon the standards prescribed in Section 2.05 (e) of this Ordinance. No variation shall be granted by the Board of Trustees without such findings of fact. In the case of a variation where the Zoning Board of Appeals fails to recommend the variation, it can only be adopted by an ordinance with the , favorable vote of two-thirds of the Trustees. (c) Initiation: An application for a variation shall be in triplicate and may be made by any governmental office, department, board, -16- bureau or commission, or by any person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, or any exclusive possessory interest applicable to the land or land and improvements described in the application for a variation. (d) Processing: An application for a variation shall be filed with the Village Clerk who shall forward one copy of such application to the Zoning Board of Appeals for processing in accordance with applicable Statutes of the State of Illinois and one copy to the Board of Trustees. (e) Standards: The recommendation of the Zoning Board of Appeals and the decision of the President and Board of Trustees on an application for a variation to the provisions of this Ordinance shall be based on the following standards, the burden of showing to be borne by the applicant: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the varia- tion would result in exceptional hardship to the applicant; and (3) A determination that the variation will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, conflict with other existing ordinances, or conflict with the intent of this Ordinance. (f) The Zoning Board of Appeals may recommend and the Board of Trustees may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this Ordinance. ARTICLE III - BUILDING REGULATIONS Section 4. 01 : Permits Building permits are required for all proposed construction or other improvements in the floodplain area. The building permit applications will be reviewed to -17- (d) Service Facilities: To the maximum extent feasible, all service facilities, such as electrical and heating equipment, will be installed, constructed, or otherwise protected so as to remain operational should floodwaters reach the base flood elevation plus five (5) feet. Water supply and waste treatment systems shall be designed and constructed so as to prevent the entrance. of flood waters. (e) Floodproofing: Where the lowest floor elevation (including basement) is below the base flood elevation plus three (3) feet, the structure, with the attendant utility and sanitary facilities, shall be floodproofed to a level of three (3) feet above the base flood elevation in accordance with the standards for completely floodproofed structures contained within Section 210. 2. 1 FP1 of the U. S. Army Corps of Engineers publication entitled "Flood-Proofing Regulations, " June, 1972, GPO: 1973 0-505-026 edition or any subsequent edition thereof. Nonresidential structures may be floodproofed in accordance with Section 210. 2. 2 FP2 of the above referenced regula- tions. Where floodproofing is required, a registered structural engineer shall certify that the floodproofing methods employed are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one hundred year flood. A record of such certificates shall be maintained in the Village. SECTION 3: Violation, Penalty and Enforcement 1. Any person, firm or corporation who violates, disobeys, omits, neglects, refuses to comply with or who resists enforcement of any of the provisions of this Ordinance shall, upon conviction, be fined not less than $25 nor more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 2. The Building Commissioner is hereby designated and authorized to enforce this Ordinance. However, it shall also be the duty of all officers, citizens and employees of the Village, particularly of all members of the police and fire departments, to assist the Building Commissioner by reporting to him any new construction, reconstruction, improper land uses, or upon seeming violations of this Ordinance. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication as by statute in such cases made and provided. This Ordinance shall be published in pamphlet form. -19- assure that the proposed construction is designed and anchored to prevent flotation, collapse, or later move- ment of the structure. At the time of issuing a building permit, the following information will be noted and recorded by the Village: (a) Elevation of the lowest floor (including basement). (b) Where the elevation of the lowest floor is below grade on one or more sides, the elevation of the floor immediately above. Section 4. 02: Building Wall Openings Any doorsill, window- sill, or base of any other opening in the outer walls of a main building or structure shall be constructed at an elevation not lower than the base flood elevation plus three (3) feet, unless surrounded by a watertight areaway whose top is not lower than the aforesaid minimum elevation. Section 4. 03: Outer Walls and Basement Floors The outer walls, basement floor, and areaways of a building which enclose open space which is below the established base flood elevation plus three (3) feet shall be constructed of masonry materials up to the minimum prescribed elevation, and shall be watertight and designed to prevent flotation and to withstand the hydrostatic pressure caused by floodwaters three (3) feet above the base flood elevation. Section 4. 04: Building Site Each main building or structure shall have or shall be provided with a site, area, or yard that is not lower than the established base flood elevation plus three (3) feet and which shall extend beyond the outside walls for a distance of at least five (5) feet. The finished grade or surface of the area beyond the aforesaid five foot distance shall be graded and surfaced so as to drain away from the walls to the natural ground level over a distance of not less than five additional feet nor more than ten additional feet. Section 4. 05: Design Criteria The following general design criteria shall apply to all structures which may be authorized in floodplains: (a) Habitable Structures: The lowest floor, including the basement, of habitable structures must be at an elevation of not less than that of the base flood elevation plus three (3) feet, unless adequately floodproofed. (b) Walls: The walls, floors, foundations, and other features which may be authorized for construction or installation at or below the base flood elevation plus three (3) feet must be Y designed to resist appropriate hydrostatic pressures, including flotation. (c) Anchoring: All authorized structures, including underground tanks, shall be firmly anchored to prevent flotation. Anchoring materials shall be rust resistant. -18- • SECTION 5: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this Ordinance. PASSED this ,� 6 day of 197"1. AYES: � J NAYS: C ABSENT: G t APPROVED this '-IT?f'l day of 197% r =C Presidt ATTEST: Village Clerk Filed in the Office of the Village Clerk and published in pamphlet form by ai4 ority of the President and Board of Trustees of the Village of Oak Brook this day of 19 7 . n Village Clerk APPROVED as to form Villag Attorney ' -20- Exhibit A to Ordinance No. "AN ORDINANCE FOR THE MANAGEMENT AND CON- TROL OF FLOOD PLAINS AND WETLANDS WITHIN THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, AND ITS ENVIRONS" r r ..