Lincoln City Zoning Code
CHAPTER 11
7 Supplementary Regulations
§ 11-7-1 Application Of Regulations.
[Ord. 93, 9-17-1979]
The provisions of this title shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
§ 11-7-2 Area.
[Ord. 93, 9-17-1979]
(A)
Reduced Lot Area: No lot shall be so reduced in area that any required open space will be smaller than prescribed in the regulations for the district in which the lot is located. Whenever such reduction in lot area occurs, any building located on said lot shall not thereafter be used until such building is altered, reconstructed or relocated so as to comply with the area and yard requirements applicable thereto.
(B)
Dwellings On Small Lots: Notwithstanding the limitations imposed by any other provisions of this title, the board of appeals shall permit erection of single-family dwellings in a district permitting such use on a lot separately owned or under contract of sale and containing, at the time of passage of this title, an area or a width smaller than that required for single-family dwellings, but complying with all other requirements for dwellings, and provided that adjacent lots in common ownership shall be combined to equal or approach the standard minimum size requirements.
(C)
Visibility At Intersections: On a corner in any residence district no fence, wall, hedge, earth terrace, parking facility or other structure or plant which would obstruct motor vehicle visibility of traffic approaching the corner or intersection, shall be erected, placed or maintained within the triangular area formed by the intersecting lot lines nearest the street intersection, and a straight line joining the lot lines at points which are 20 feet distant from the point of intersecting lot lines.
§ 11-7-3 Yards.
[Ord. 93, 9-17-1979; Ord. 159, 12-5-1983; Ord. 2015-838, 9-21-2015]
(A)
Terraces: A terrace shall not be considered as a part of the structure in determining the lot area if such terrace is unroofed.
(B)
Unenclosed Porches, One Story: An unenclosed, one-story porch erected on piers may project into a required front, side or rear yard area a distance not to exceed six feet and shall not be considered in the determination of the size of yards or lot coverage; provided, however, that such porch shall not be closer than four feet at any point to any lot line, and that no building shall have such porches projecting into more than one required side yard.
(C)
Enclosed Porches: Any two-story or any enclosed porch or roofed over porch, or one having a solid foundation and capable of being enclosed, shall be considered a part of the building in the determination of the size of yard or lot coverage.
(D)
Projecting Architectural Features: The space in any required yard shall be open and unobstructed except for the ordinary projection of windowsills, belt courses, cornices, eaves, roof overhanging and other architectural features of residential properties; provided, however, that such features shall not project more than a maximum of three feet from the exterior wall of the building, and provided that such features do not reach closer than three feet from the side lot lines.
(E)
Fences:
1.
Front Yard Fences:
(a)
Front yard fences on interior lots must be open fences, not more than 48 inches in height above grade. Any fence other than an open fence is not permitted in front yards on interior lots.
(b)
Front yard fences on corner lots must be open fences, not more than 48 inches in height above grade; provided, however, any other fence, including an open fence, not more than six feet in height above grade, is permitted in that front yard which the principal building does not face, from a line established by the rear face of the principal building to the rear property line and provided that such fence is set back from the street side property line no less than three feet.
2.
Side And Rear Yard Fences: Side yard and rear yard fences may be open fences or solid fences, but may not exceed six feet in height above grade and be set back three feet from the rear property line when an alley exists at the rear of the property.
3.
Visibility At Intersections: All fences must comply with the visibility at intersections requirements contained in this Code.
4.
Walls And Hedges: No wall or hedge more than four feet in height shall be permitted in the front yard.
5.
Fence Orientation: The front face, or finished side of a fence shall be directed toward adjacent residential property or streets, however the back face or unfinished side of a fence may be oriented toward an alley.
(F)
Projecting Architectural Features Of Business Properties: All overhanging canopies, marquees, awnings and similar structures must be at least six feet six inches above the sidewalk at any point, and overhanging signs must be a minimum of seven feet above the sidewalk at any point. Such structures cannot project nearer than one foot from any driveway.
(G)
Fire Escapes: Open fire escapes may extend into any required yard not more than four feet six inches.
(H)
Location Of Accessory Buildings: Any accessory building within 12 feet of a residential building shall be at least five feet from the side lot line. Any accessory building more than 12 feet from a residential building shall be at least three feet from the side lot line and three feet from the rear lot line, except where there is an alley it must be at least five feet from the rear lot line where the doors open to the alley. No accessory building shall be located in the required front yard. Satellite receiver dish antennas and microwave receiver dish antennas shall be considered accessory uses and meet the locational requirements of this section.
§ 11-7-4 Off Street Parking; Loading.
[1960 Code, Sec. 12.08.070; Ord. 93, 9-17-1979; amended Ord. 159, 12-5-1983; Ord. 317, 10-15-1990]
(A) EMPLOYEES or NUMBER OF EMPLOYEES OFF STREET PARKING SPACE SEATS
Definitions:
The greatest number of persons to be employed in the building in question during any season of the year in any time of the day or night.
A privately owned space of 180 square feet of appropriate dimensions for the parking of an automobile, exclusive of the access drives or aisles hereto.
The seating capacity of a particular building as determined by the specifications and plans filed with the zoning enforcing officer. In the event individual seats are not provided, each 20 inches of benches or similar seating accommodations shall be considered as one seat for the purpose of this title.
(B)
Off Street Parking And Loading Required:
1.
In the use of land for residential, commercial, industrial or any other purpose, no residential, commercial, industrial or any other building or structure shall be erected and no major remodeling done to an existing residential, commercial, industrial or any other structure, unless there already be in existence upon the lot, or unless provision is made for the location on the lot, concurrently with the erection or major remodeling, off street parking space on the basis of the following minimum requirements. This regulation shall not apply to an area bounded by Pekin, Hamilton, Clinton and Logan Streets.
Use | Required Spaces |
|---|---|
Auditoriums | At least 1 off street parking space for each 8 seats provided for patrons' use. |
Churches | At least 1 off street parking space for each 8 fixed seats in the main worship hall of the church. |
Community residential alternative facilities, community living facilities, and similar group facilities | At least 1 off street parking space for each 4 residents and 1 for each staff person on site at any one time. |
Dwellings: | |
Single- and two-family dwelling | 1 space per dwelling unit. |
Multi-family (apartments and row housing) | 1 1/2 spaces per unit. Required parking spaces shall not be provided in the front yard or the space situated between the minimum front setback line and the front line of the building, extending the full width of the lot. |
Hospitals, including sanitariums, asylums, orphanages, convalescent homes, homes for the aged and infirm, and all other similar institutions | At least 1 off street parking space for each 4 patient beds, plus at least 1 additional off street parking space for each staff and visiting doctor, plus at least 1 additional off street parking space for each 3 employees (including nurses). |
Hotels, including clubs, lodging houses, tourist homes and cabins, motels, trailer courts, camps in parks, boarding and rooming houses, dormitories, sororities, fraternities, and all other similar places offering overnight accommodations | At least 1 off street parking space for each 1 guestroom. |
Office buildings, including commercial, governmental and professional buildings, and medical and dental clinics | At least 1 off street parking space for each 300 square feet of gross floor area. |
Places of public assembly, including private clubs, lodges and fraternal buildings not providing overnight accommodations, assembly halls, exhibition halls, convention halls, skating rinks, dance halls, bowling alleys, sports arenas, stadiums, gymnasiums, amusement parks, race tracks, fairgrounds, circus grounds, funeral homes, mortuaries, community centers, libraries, museums and all other similar places of relatively infrequent public assembly | At least 1 off street parking space for each 4 seats provided for patrons' use, or for each 4 persons in average attendance when seats are not provided for all patrons. |
Public housing for elderly | Not less than 1 parking space for every 3 apartment units. At such time the public housing authority ceases to lease the housing for the elderly, off street parking shall be provided as required by this chapter. |
Restaurants, including bars, taverns, nightclubs, lunch counters, diners, and all other similar dining or drinking establishments | At least 1 off street parking space for each 4 seats provided for patrons' use. |
Retail establishments, including personal service shops, equipment or repair shops, gasoline or other motor fuel stations, motor vehicle sales and/or repair establishments, all retail stores and business and banks or other financial and lending institutions | At least 1 off street parking space for each 400 square feet of gross floor area. |
Schools | At least 1 off street parking space for each 6 seats provided in the auditorium, or 1 off street parking space for each 4 seats provided in the gymnasium, whichever is the greater. |
Theaters, including motion picture houses | At least 1 off street parking space for each 6 seats provided for patrons' use. |
Wholesale, manufacturing and industrial plants, including warehouses and storage buildings and yards, public utility buildings, contractor equipment and lumberyards, research laboratories, business service establishments such as blueprinting, printing and engraving, soft drink bottling establishments, fabricating plants, and all other structures devoted to similar mercantile or industrial pursuits | At least 1 off street parking space for each 5 employees. |
2.
On the same premises with every building devoted to retail trade, retail and wholesale food markets, warehouses, supply houses, wholesale or manufacturing trade, hotels, hospitals, laundries, dry cleaning establishments or other buildings where large amounts of goods are received or shipped, erected in any district after the date of adoption of this title, there shall be provided loading and unloading space as follows:
3.
In case of uses not specifically mentioned, the requirements for off street parking or off street loading for a use which is so mentioned and to which the use is similar, shall apply.
4.
The off street parking facilities required for the use mentioned in this title and for other similar uses shall be on the same lot or parcel of land as the structure they are intended to serve, but in case of nonresidential uses when practical difficulties prevent their establishment upon the same lot, the required parking facilities shall be provided within 300 feet of the premises to which they are appurtenant. Off street parking facilities for any land use may be located in any zoning district when so authorized by the City Council after a public hearing and recommendation by the committee designated by the Council. A parking facility located in a residential district that provides required parking for a land use not permitted in that district shall be screened along its boundaries not adjacent to a public street by an opaque fence or hedge not less than six feet in height, except that no fence or hedge shall project closer to the street than the immediately adjacent principal structure, or 25 feet, whichever is less.
5.
No part of an off street parking area required for any building or use for the purpose of complying with the provisions of this title shall be included as a part of an off street parking area similarly required for another building or use, unless the type of structure indicates that the periods of usage of such structures will not be simultaneous with each other.
6.
In case of mixed uses, the total requirement for off street loading space shall be the sum of the requirements of the various uses computed separately as specified in the preceding subsections, and the off street loading space for one use shall not be considered as providing the required off street loading space for any other use.
7.
Nothing in this chapter shall be construed to prevent the joint use of off street parking or off street loading for two or more buildings or uses, if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the preceding subsections.
8.
All off street parking facilities required pursuant to the provisions of this chapter shall be surfaced with asphalt, bituminous cement binder pavement or crushed rock if treated in such a manner so as to provide a durable and ductless surface, and shall be graded and drained to dispose of all surface water. Any lighting in connection with off street parking shall be so arranged as to reflect the light away from all adjoining residence buildings, residence zones or streets.
9.
No certificate of occupancy will be issued upon completion of any building or remodeling operations unless and until all off street parking requirements shown upon the plans, or made a part of the building permit shall be in place and ready for use.
§ 11-7-5 Height.
[1960 Code, Sec. 12.08.070]
(A)
No building shall be erected, reconstructed, relocated or structurally altered so as to have a greater height than permissible under the limitations set forth herein for the district in which such building is located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, silos, spires, steeples, stacks, stage towers or scenery lifts, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other provisions of this Code.
§ 11-7-6 Special Flood Hazard Areas.
[Ord. 2011-723, 1-18-2011]
(A)
Purpose: This section is enacted pursuant to the police powers granted to this City of Lincoln by the Illinois municipal code[1] in order to accomplish the following purposes:
1.
Prevent unwise developments from increasing flood or drainage hazards to others;
2.
Protect new buildings and major improvements to buildings from flood damage;
3.
Promote and protect the public health, safety, and general welfare of the citizens from the hazards of flooding;
4.
Lessen the burden on the taxpayer for flood control, repairs to public facilities and utilities, and flood rescue and relief operations;
5.
Maintain property values and a stable tax base by minimizing the potential for creating blight areas;
6.
Make federally subsidized flood insurance available; and
7.
Preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
[1]
See 65 ILCS 5/1-2-1, 5/11-12-12, 5/11-30-2, 5/11-30-8, 5/11-31-2.
(B) BASE FLOOD BASE FLOOD ELEVATION (BFE) BASEMENT BUILDING CRITICAL FACILITY DEVELOPMENT1. (a) (b) (c) (d) (e) (f) (g) 2. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION FEMA FLOOD FLOOD FRINGE FLOOD INSURANCE RATE MAP FLOOD INSURANCE STUDY FLOOD PROTECTION ELEVATION (FPE) FLOODPLAIN AND SPECIAL FLOOD HAZARD AREA (SFHA) FLOODPROOFING FLOODPROOFING CERTIFICATE FLOODWAY FREEBOARD HISTORIC STRUCTURE1. 2. 3. 4. IDNR/OWR IDNR/OWR JURISDICTIONAL STREAM LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR SUBDIVISION NFIP RECREATIONAL VEHICLE or TRAVEL TRAILER REPETITIVE LOSS SFHA START OF CONSTRUCTION STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT SUBSTANTIAL IMPROVEMENT1. 2. VIOLATION
Definitions: For the purposes of this section, the following definitions are adopted:
The flood having a 1% 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 Subsection (C) of this section.
The elevation in relation to mean sea level of the crest of the base flood.
That portion of a building having its floor subgrade (below ground level) on all sides.
A walled and roofed structure, including gas or liquid storage tank that is principally aboveground including manufactured homes, prefabricated buildings and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than 180 days per year.
Any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to these critical facilities can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk.
Examples of critical facilities where flood protection should be required include: emergency services facilities (such as fire and police stations), schools, hospitals, retirement homes and senior care facilities, major roads and bridges, critical utility sites (telephone switching stations or electrical transformers), and hazardous material storage facilities (chemicals, petrochemicals, hazardous or toxic substances).
Any manmade change to real estate including, but not necessarily limited to:
Demolition, construction, reconstruction, repair, placement of a building, or any structural alteration to a building;
Substantial improvement of an existing building;
Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days per year;
Installation of utilities, construction of roads, bridges, culverts or similar projects;
Construction or erection of levees, dams, walls or fences;
Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface;
Storage of materials including the placement of gas and liquid storage tanks, and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters.
"Development" does not include routine maintenance of existing buildings and facilities, resurfacing roads, or gardening, plowing, and similar practices that do not involve filling, grading, or construction of levees.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Federal emergency management agency.
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
That portion of the floodplain outside of the regulatory floodway.
A map prepared by the federal emergency management agency that depicts the floodplain or special flood hazard area (SFHA) within a community. This map includes insurance rate zones and may or may not depict floodways and show base flood elevations.
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
The elevation of the base flood plus one foot of freeboard at any given location in the floodplain.
These two terms are synonymous. Those lands within the jurisdiction of the City of Lincoln, the extraterritorial jurisdiction of the City of Lincoln, or that may be annexed into the City of Lincoln, that are subject to inundation by the base flood. The floodplains of the City of Lincoln are generally identified as such on panel number(s) 17107C0145 and 17107C0165 of the countywide flood insurance rate map of Logan County prepared by the federal emergency management agency and dated February 18, 2011. Floodplain also includes those areas of known flooding as identified by the community.
The floodplains of those parts of unincorporated Logan County that are within the extraterritorial jurisdiction of the City of Lincoln or that may be annexed into the City of Lincoln are generally identified as such on the flood insurance rate map prepared for Logan County by the federal emergency management agency and dated February 18, 2011.
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.
A form published by the federal emergency management agency that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.
That portion of the floodplain required to store and convey the base flood. The floodway for the floodplains of Brainard's Branch shall be as delineated on the countywide flood insurance rate map of Logan County prepared by FEMA and dated February 18, 2011. The floodways for each of the remaining floodplains of the City of Lincoln shall be according to the best data available from federal, state, or other sources.
An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, future watershed development, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.
Any structure that is:
Listed individually in the national register of historic places or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register.
Certified or preliminarily determined by the secretary of the interior as contributing to the historic district or a district preliminarily determined by the secretary to qualify as a registered historic district.
Individually listed on the state inventory of historic places by the Illinois historic preservation agency.
Individually listed on a local inventory of historic places that has been certified by the Illinois historic preservation agency.
Illinois department of natural resources/office of water resources.
Illinois department of natural resources/office of water resources has jurisdiction over any stream serving a tributary area of 640 acres or more in an urban area, or in the floodway of any stream serving a tributary area of 6,400 acres or more in a rural area. Construction on these streams requires a permit from the department. (Ill. adm. code Title 17, part 3700.30.) The department may grant approval for specific types of activities by issuance of a statewide permit which meets the standards defined in Subsection (F) of this section.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor. Provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Subsection (G) of this section.
A structure transportable in one or more sections that is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities.
A parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.
Structures for which the start of construction commenced on or after the effective date of floodplain management regulations adopted by a community and includes any subsequent improvements of such structures.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community.
National flood insurance program.
A vehicle which is:
Flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.
See definition of Floodplain And Special Flood Hazard Area (SFHA).
Includes substantial improvement and means the date the building permit was issued. This, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement, was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or placement of a manufactured home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building whether or not that alteration affects the external dimensions of the building.
See definition of Building.
Damage of any origin sustained by a structure whereby the cumulative percentage of damage subsequent to the adoption of this section equals or exceeds 50% of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination. The term includes "repetitive loss buildings" (see definition).
Any reconstruction, rehabilitation, addition or improvement of a structure taking place subsequent to the adoption of this section in which the cumulative percentage of improvements:
Is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work done. The term does not include:
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or
Any alteration of a structure listed on the national register of historic places or the Illinois register of historic places.
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the required federal, state, and/or local permits and elevation certification is presumed to be in violation until such time as the documentation is provided.
(C)
Base Flood Elevation: This section's protection standard is the base flood. The best available base flood data are listed below. Whenever a party disagrees with the best available data, the party shall finance the detailed engineering study needed to replace the existing data with better data and submit it to FEMA and IDNR/OWR for approval prior to any development of the site.
1.
The base flood elevation for the floodplains of Brainard's Branch shall be as delineated on the 100-year flood profiles in the countywide "Flood Insurance Study Of Logan County" prepared by the federal emergency management agency and dated February 18, 2011.
2.
The base flood elevation for each floodplain delineated as an "AH zone" or "AO zone" shall be that elevation (or depth) delineated on the countywide flood insurance rate map of Logan County.
3.
The base flood elevation for each of the remaining floodplains delineated as an "A zone" on the countywide flood insurance rate map of Logan County 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 by the applicant to determine base flood elevations.
4.
The base flood elevation for the floodplains of those parts of unincorporated Logan County that are within the extraterritorial jurisdiction of the City of Lincoln or that may be annexed into the City of Lincoln shall be as delineated on the 100-year flood profiles in the "Flood Insurance Study Of Logan County" prepared by the federal emergency management agency and dated February 18, 2011.
(D)
Duties Of The Building And Safety Officer: The building and safety officer shall be responsible for the general administration of this section and ensure that all development activities within the floodplains under the jurisdiction of the City of Lincoln meet the requirements of this section. Specifically, the building and safety officer shall:
2.
Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of Subsection (F) of this section;
3.
Ensure that the building protection requirements for all buildings subject to Subsection (G) of this section are met and maintain a record of the "as built" elevation of the lowest floor (including basement) or floodproof certificate;
4.
Assure that all subdivisions and annexations meet the requirements of Subsection (H) of this section;
5.
Ensure that water supply and waste disposal systems meet the public health standards of Subsection (I) of this section;
6.
If a variance is requested, ensure that the requirements of Subsection (K) of this section are met and maintain documentation of any variances granted;
7.
Inspect all development projects and take any and all penalty actions outlined in Subsection (M) of this section as necessary to ensure compliance with this section;
8.
Assure that applicants are aware of and obtain any and all other required local, state, and federal permits;
9.
Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a watercourse;
10.
Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;
11.
Cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this section;
12.
Maintain for public inspection base flood data, floodplain maps, copies of state and federal permits, and documentation of compliance for development activities subject to this section;
13.
Perform site inspections to ensure compliance with this section and make substantial damage determinations for structures within the floodplain; and
14.
Maintain the accuracy of floodplain maps including notifying IDNR/OWR and/or submitting information to FEMA within six months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map.
(E)
Development Permit: No person, firm, corporation, or governmental body not exempted by law shall commence any development in the floodplain without first obtaining a development permit from the building and safety officer. The building and safety officer shall not issue a development permit if the proposed development does not meet the requirements of this section.
1.
The application for development permit shall be accompanied by:
(a)
Drawings of the site, drawn to scale showing property line dimensions;
(b)
Existing grade elevations and all changes in grade resulting from excavation or filling;
(c)
The location and dimensions of all buildings and additions to buildings;
(d)
The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of Subsection (G) of this section; and
(e)
Cost of project or improvements as estimated by a licensed engineer or architect. A signed estimate by a contractor may also meet this requirement.
2.
Upon receipt of an application for a development permit, the building and safety 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 section. Conversely, any development located on land shown to be below the base flood elevation and hydraulically connected, but not shown on the current flood insurance rate map is subject to the provisions of this section. In addition, any development located on land shown to be below the base flood elevation and hydraulically connected to a flood source, but not identified as floodplain on the current flood insurance rate map, is subject to the provisions of this section.
The building and safety 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.
The building and safety officer shall be responsible for obtaining from the applicant copies of all other federal, state, and local permits, approvals or permit not required letters that may be required for this type of activity. The building and safety officer shall not issue a permit unless all other federal, state, and local permits have been obtained.
(F)
Preventing Increased Flood Heights And Resulting Damages: Within any floodway identified on the countywide flood insurance rate map, and within all other floodplains where a floodway has not been delineated, the following standards shall apply:
1.
Except as provided in Subsection (F)2 of this section, no development shall be allowed which, acting in combination with existing and anticipated development will cause any increase in flood heights or velocities or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement:
(a)
Bridge and culvert crossings of streams in rural areas meeting the conditions of the Illinois department of natural resources/office of water resources statewide permit number 2;
(b)
Barge fleeting facilities meeting the conditions of IDNR/OWR statewide permit number 3;
(c)
Aerial utility crossings meeting the conditions of IDNR/OWR statewide permit number 4;
(d)
Minor boat docks meeting the conditions of IDNR/OWR statewide permit number 5;
(e)
Minor, nonobstructive activities such as underground utility lines, light poles, signposts, driveways, athletic fields, patios, playground equipment, minor storage buildings not exceeding 70 square feet and raising buildings on the same footprint which does not involve fill and any other activity meeting the conditions of IDNR/OWR statewide permit number 6;
(f)
Outfall structures and drainage ditch outlets meeting the conditions of IDNR/OWR statewide permit number 7;
(g)
Underground pipeline and utility crossings meeting the conditions of IDNR/OWR statewide permit number 8;
(h)
Bank stabilization projects meeting the conditions of IDNR/OWR statewide permit number 9;
(i)
Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR statewide permit number 10;
(j)
Minor maintenance dredging activities meeting the conditions of IDNR/OWR statewide permit number 11;
(k)
Bridge and culvert replacement structures and bridge widening meeting the conditions of IDNR/OWR statewide permit number 12;
(l)
Temporary construction activities meeting the conditions of IDNR/OWR statewide permit number 13;
(m)
Any development determined by IDNR/OWR to be located entirely within a flood fringe area shall be exempt from state floodway permit requirements.
2.
Other development activities not listed in Subsection (F)1 of this section may be permitted only if:
(G)
Protecting Buildings:
1.
In addition to the state permit and damage prevention requirements of Subsection (F) of this section, all buildings located in the floodplain shall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations:
(a)
Construction or placement of a new building or alteration or addition to an existing building valued at more than $1,000 or 70 square feet.
(b)
Substantial improvements or structural alterations made to an existing building that increase the floor area by more than 20% or equal or exceed the market value by 50%. Alteration shall be figured cumulatively subsequent to the adoption of this section. If substantially improved, the existing structure and the addition must meet the flood protection standards of this section.
(c)
Repairs made to a substantially damaged building. These repairs shall be figured cumulatively subsequent to the adoption of this section. If substantially damaged the entire structure must meet the flood protection standards of this section within 24 months of the date the damage occurred.
(d)
Installing a manufactured home on a new site or a new manufactured home on an existing site. (The building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.)
(e)
Installing a travel trailer or recreational vehicle on a site for more than 180 days per year.
2.
Residential or nonresidential buildings can meet the building protection requirements by one of the following methods:
(a)
The building may be constructed on permanent land fill in accordance with the following:
(1)
The lowest floor (including basement) shall be at or above the flood protection elevation.
(2)
The fill shall be placed in layers no greater than six inches before compaction and should extend at least 10 feet beyond the foundation before sloping below the flood protection elevation.
(3)
The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or other structural measure.
(4)
The fill shall be composed of rock or soil and not incorporated debris or refuse material, and
(5)
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.
(b)
The building may be elevated on solid walls in accordance with the following:
(1)
The building or improvements shall be elevated on stilts, piles, walls, crawl space, or other foundation that is permanently open to floodwaters.
(2)
The lowest floor and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation.
(3)
If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of floodwaters. Designs must either be certified by a licensed professional engineer or by having a minimum of one permanent opening on each wall no more than one foot above grade with a minimum of two openings. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation, and
(4)
The foundation and supporting members shall be anchored, designed, and certified so as to minimize exposure to hydrodynamic forces such as current, waves, ice, and floating debris.
A.
All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage.
B.
Water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the flood protection elevation provided they are waterproofed.
C.
The area below the flood protection elevation shall be used solely for parking or building access and not later modified or occupied as habitable space, or
D.
In lieu of the above criteria, the design methods to comply with these requirements may be certified by a licensed professional engineer or architect.
(c)
The building may be constructed with a crawl space located below the flood protection elevation provided that the following conditions are met:
(1)
The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2)
Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. A minimum of one opening on each wall having a total net area of not less than one square inch per one square foot of enclosed area. The openings shall be no more than one foot above grade.
(3)
The interior grade of the crawl space below the flood protection elevation must not be more than two feet below the lowest adjacent exterior grade.
(4)
The interior height of the crawl space measured from the interior grade of the crawl space to the top of the foundation wall must not exceed four feet at any point.
(5)
An adequate drainage system must be installed to remove floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event.
(6)
Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage, and
(7)
Utility systems within the crawl space must be elevated above the flood protection elevation.
3.
Nonresidential buildings may be structurally dry floodproofed (in lieu of elevation) provided a licensed professional engineer or architect certifies that:
(a)
Below the flood protection elevation the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood.
(b)
The building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and the impact from debris and ice.
(c)
Floodproofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity.
(d)
Levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this subsection.
4.
Manufactured homes or travel trailers to be permanently installed on site shall be:
(a)
Elevated to or above the flood protection elevation in accordance with Subsection (G)2 of this section, and
(b)
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 Illinois administrative code Section 870.
5.
Travel trailers and recreational vehicles on site for more than 180 days per year shall meet the elevation requirements of Subsection (G)4 of this section unless the following conditions are met:
(a)
The vehicle must be either self-propelled or towable by a light duty truck.
(b)
The hitch must remain on the vehicle at all times.
(c)
The vehicle must not be attached to external structures such as decks and porches.
(d)
The vehicle must be designed solely for recreation, camping, travel, or seasonal use rather than as a permanent dwelling.
(e)
The vehicle's largest horizontal projections must be no larger than 400 square feet.
(f)
The vehicle's wheels must remain on axles and inflated.
(g)
Air conditioning units must be attached to the frame so as to be safe for movement on the floodplain.
(h)
Propane tanks as well as electrical and sewage connections must be quick disconnect.
(i)
The vehicle must be licensed and titled as a recreational vehicle or park model, and
6.
Garages, sheds or other minor accessory structures constructed ancillary to an existing residential use may be permitted provided the following conditions are met:
(a)
The garage or shed must be nonhabitable.
(b)
The garage or shed must be used only for the storage of vehicles and tools and cannot be modified later into another use.
(c)
The garage or shed must be located outside of the floodway or have the appropriate state and/or federal permits.
(d)
The garage or shed must be on a single-family lot and be accessory to an existing principal structure on the same lot.
(e)
Below the base flood elevation, the garage or shed must be built of materials not susceptible to flood damage.
(f)
All utilities, plumbing, heating, air conditioning and electrical must be elevated above the flood protection elevation.
(g)
The garage or shed must have at least one permanent opening on each wall not more than one foot above grade with one square inch of opening for every one square foot of floor area.
(h)
The garage or shed must be less than $15,000 in market value or replacement cost whichever is greater or less than 576 square feet (24 feet x 24 feet).
(i)
The structure shall be anchored to resist flotation and overturning.
(j)
All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the flood protection elevation.
(k)
The lowest floor elevation should be documented and the owner advised of the flood insurance implications.
(H)
Subdivision Requirements: The City Council of the City of Lincoln shall take into account hazards, to the extent that they are known, in all official actions related to land management use and development.
1.
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 Subsections (F) and (G) of this section. Any proposal for such development shall include the following data:
2.
Streets, blocks, lots, parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible the floodplains shall be included within parks or other public grounds.
(I)
Public Health And Other Standards:
1.
Public health standards must be met for all floodplain development. In addition to the requirements of Subsections (F) and (G) of this section the following standards apply:
(a)
No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of Subsection (G) of this section.
(b)
Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage.
(c)
Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(d)
New and replacement on site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other aboveground openings located below the flood protection elevation shall be watertight.
(e)
Construction of new or substantially improved critical facilities shall be located outside the limits of the floodplain. Construction of new critical facilities shall be permissible within the floodplain if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor (including basement) elevated or structurally dry floodproofed to the 500-year flood frequency elevation or three feet above the level of the 100-year flood frequency elevation whichever is greater. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities.
2.
All other activities defined as "development" shall be designed so as not to alter flood flows or increase potential flood damages.
(J)
Carrying Capacity And Notification: For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained.
In addition, the City of Lincoln shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse.
(K)
Variances: Whenever the standards of this section place undue hardship on a specific development proposal, the applicant may apply to the Zoning Board of Appeals of the City of Lincoln for a variance. The Zoning Board of Appeals shall review the applicant's request for a variance and shall submit its recommendation to the City Council of the City of Lincoln. The City Council may attach such conditions to granting of a variance as it deems necessary to further the intent of this section.
1.
Conditions: No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:
(a)
The development activity cannot be located outside the floodplain.
(b)
An exceptional hardship would result if the variance were not granted.
(c)
The relief requested is the minimum necessary.
(d)
There will be no additional threat to public health, safety or creation of a nuisance.
(e)
There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities.
(f)
The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP, and
(g)
All other state and federal permits have been obtained.
2.
Notification: The Zoning Board of Appeals shall notify an applicant in writing that a variance from the requirements of the building protection standards of Subsection (G) of this section that would lessen the degree of protection to a building will:
(a)
Result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage;
(b)
Increase the risk to life and property; and
(c)
Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.
3.
Historic Structures:
(a)
Variances to the building protection requirements of Subsection (G) of this section which are requested in connection with reconstruction, repair, or alteration of a historic site or historic structure as defined in "historic structures", may be granted using criteria more permissive than the requirements of Subsections (F) and (G) of this section subject to the conditions that:
4.
Agriculture: Any variance granted for an agricultural structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in this section:
In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at grade and wet floodproofed:
(a)
All agricultural structures considered for a variance from the floodplain management regulations of this section shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures or animal confinement facilities, such as farmhouses, cannot be considered agricultural structures.
(b)
Use of the varied structures must be limited to agricultural purposes in zone A only as identified on the community's flood insurance rate map (FIRM).
(c)
For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood resistant materials in accordance with Subsection (G) of this section.
(d)
The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with Subsection (G) of this section. All of the building's structural components must be capable of resisting specific flood related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces. Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Subsection (G) of this section.
(e)
The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Subsection (G)2 of this section.
(f)
The agricultural structures must comply with the floodplain management floodway provisions of Subsection (F) of this section. No variances may be issued for agricultural structures within any designated floodway.
(g)
Wet floodproofing construction techniques must be reviewed and approved by the floodplain Administrator and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
(L)
Disclaimer Of Liability: The degree of protection required by this section is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by manmade or natural causes. This section does not imply that development either inside or outside of the floodplain will be free from flooding or damage. This section does not create liability on the part of the City of Lincoln or any officer or employee thereof for any flood damage that results from proper reliance on this section or any administrative decision made lawfully thereunder.
(M)
Penalty: Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this section. Upon due investigation, the municipal attorney may determine that a violation of the minimum standards of this section exists. The municipal attorney shall notify the owner in writing of such violation.
1.
If such owner fails after 10 days' notice to correct the violation:
(a)
The City of Lincoln shall make application to the circuit court for an injunction requiring conformance with this section or make such other order as the court deems necessary to secure compliance with this section.
(b)
Any person who violates this section shall upon conviction thereof be fined not less than $50 or more than $750 for each offense.
(c)
A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues, and
(d)
The City of Lincoln shall record a notice of violation on the title of the property.
2.
The municipal attorney shall inform the owner that any such violation is considered a wilful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.
The building and safety officer is authorized to issue an order requiring the suspension of the subject development. The stop work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop work order. The stop work order constitutes a suspension of the permit.
No site development permit shall be permanently suspended or revoked until a hearing is held by the Zoning Board of Appeals. Written notice of such hearing shall be served on the permittee and shall state:
(a)
The grounds for the complaint, reasons for suspension or revocation, and
(b)
The time and place of the hearing.
At such hearing the permittee shall be given an opportunity to present evidence on their behalf. At the conclusion of the hearing, the Zoning Board of Appeals shall determine whether the permit shall be suspended or revoked. |
3.
Nothing herein shall prevent the City of Lincoln from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(N)
Abrogation And Greater Restrictions: This section repeals and replaces other ordinances adopted by the City Council of the City of Lincoln to fulfill the requirements of the national flood insurance program. However, this section does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this section repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this section and other ordinance easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
§ 11-7-7 Substandard Lots Of Record.
[Ord. 77, 5-1978; Ord. 117, 2-2-1981]
(A)
Lots Of Record: When a lot in single ownership which is an official lot of record at the time of adoption of this title does not comply with the area, yard or other requirements of this title, an application may be submitted to the board of appeals for a variance from the terms of this title in accordance with the procedure outlined in Title 2, Chapter 7 of this Code. Such a lot may be used as a building site; provided, however, that the following yard and other requirements of the district are met.
A permit for construction may be issued by the zoning officer without zoning board of appeal action when all except the yard requirements are met. However, the lot must still be at least 40 feet in width.
(B)
Front Yard: Where a substandard lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the lot, except that the Zoning Board of Appeals may allow one of the yards to be less than 25 feet, if the buildable width of such lot would be reduced to less than 32 feet. A variance shall not be granted if the yard to be reduced abuts a street planned for widening by either the comprehensive plan or local street improvements plans.
(C)
Side Yards: In lots of record less than 45 feet in width, the side yards shall not be less than three feet.
(D)
Dwelling On Small Lot: Notwithstanding the limitations imposed by any other provisions of this title, the board of appeals may permit erection of a single-family dwelling in a district permitting such use on a lot separately owned or under contract of sale and containing, at the time of passage of this title, an area or a width smaller than that required for single-family dwellings, but complying with all other requirements for dwellings. Adjacent lots in common ownership shall be combined to meet the standard minimum size requirements.
(E)
Projecting Architectural Features: Projecting architectural features on substandard lots of record. The space in any required yard shall be open and unobstructed except for the ordinary projection of windowsills, belt courses, cornices, eaves, roof overhanging and other architectural features of residential properties; provided, however, that such features shall not project more than a maximum of one foot from the exterior wall of the building, and provided that such features do not reach closer than two feet from the side lot lines.