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Home My WebLink AboutOrdinances - MC-90-540 - 08/23/1990 - Ch 8 Flood Plain ordinanceORDINANCE NO. MC-90-540 AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. Chapter 8 of the Municipal Code, City of McHenry, Illinois, is hereby amended as follows: 1. Amend Section 8-3(g) to read as follows: "Building" means a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, mobile home or a prefabricated building. This term also includes recreational vehicles and travel trailers to be installed on a site for more than 180 days, unless they are fully licensed and ready for highway, use. 2. Amend Section 8-3(f) to read as follows: "Development" means any man-made change to real estate, including: (1) Construction, reconstruction, repair, or placement of a building or any addition to a building. (2) Installing 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. If the travel trailer or recreational vehicle is on site for less than 180 days, it must be fully licensed and ready for highway use. (3) Drilling, mining, installing utilities, construction of roads, bridges, storage of equipment or materials, or,similar projects. (4) Demolition of a structure or redevelopment of a site. (5) Clearing of land'as an adjunct of construction. (6) Construction or erection of levees, walls, fences, dams, or culverts; channel modification; filling, dredging, grading, excavating, paving, or other non-agricultural alterations of the ground surface; storage of materials; deposit of solid or liquid waste; (7) Any other activity of man that might change the direction, height, or velocity of flood or surface water, including extensive vegetation removal; Development does not include maintenance of existing buildings and facilities such as re -roofing or re -surfacing of roads when there is no increase in elevation, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees. 3. Amend Section 8-3 by addition of the following definitions: (h) "Existing Manufactured Home Park or Subdivision" means 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 ( 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 April 1, 1990). (i) "Expansion to an Existing Manufactured Home Park or Subdivision" means 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). (j) "Historic Structure" means any structure that is: (1) Listed individually in the National Register o'f Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2 (2) 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; (3) Individually listed on the State inventory of historic places by the Illinois Historic: Preservation Agency; (4) Individually listed on a local inventory of historic places that has been certified by the Illinois Historic Preservation Agency. (k) "Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". (1) "New Manufactured" Home Park or Subdivision" means 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 (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 July 30, 1990. (m) "Recreational Vehicle or Travel Trailer" means a vehicle which is: (1) Built on a single chassis; (2) 400 square feet or ]Less when measured at the largest horizontal projection; (3) Designed to permanently truck; and, "be self propelled or towable by a light duty 3 (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (n) "Structure" means the results of a man-made change to the land constructed on or below the ground,, including the construction, reconstruction or placement of a building or any addition to a building; installing 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, unless they are fully licensed and ready for highway use. (o) "Substantial Improvement" means any repair, reconstruction, rehabilitation, addition or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (a) before the improvement or repair is started, or (b) if the structure has been damaged from any source, and is being restored, before the damage occurred. This term includes structures which were damaged whereby the cost of restoring the structure to its predamaged condition would equal or exceed 50 percent of the market value before the damage occurred, regardless of the actual repair work performed. For the purpose of this definition, "Substantial Improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural parts of a building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with any existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a "Historic Structure", provided that the alteration will not preclude the structure's continued designation as a "Historic Structure". 4 4. Amend Section 8-7(a) by deleting Paragraph (2) and Paragraph (3) thereof, substituting the following provision as and for Paragraph (2), and renumbering Paragraph (4) as Paragraph (3): (2) A structural alteration to an existing building that either increases the first floor area by more than 20% or the building's market value by more than 50%. This alteration shall be figured cumulatively, beginning with any alteration which has taken place subsequent to April 1, 1990. 5. Amend Section 8-7(b)(2)(e) (elevation of residential or non-residential buildings) to read as follows: (e) The areas below the flood protection elevation may only be used for the parking of vehicles, building access or storage in an area other than a basement or crawl space. 6. Amend Section 8-7(b)(2)(g) to read as follows: (9) Manufactured homes shall be 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 870. In addition, all manufactured homes shall meet the following elevation requirements: (1) In the case of manufactured homes placed or substantially improved ( a ) outside of a manufactured home park or subdivision, (b) in a new manufactured home park or subdivision, (c) in an expansion to an existing manufactured home park or subdivision, or (d) in an existing manufactured home park or subdivision'on which a manufactured home has incurred substantial damage from a flood, the top of the lowest floor shall be elevated to or above the flood protection elevation. 5 (2) In the case of manufactured homes placed or substantially improved in an existing manufactured home park or subdivision, the manufactured home shall be elevated so that either the top of the lowest floor is above the base flood elevation or the chassis is at least 36 inches in height above grade and supported by reinforced piers or other foundations of equivalent strength, whichever :is less. 7. Amend Section 8-7(b)(2) by the addition of a Paragraph (h) to read as follows: (h) Recreational vehicles or travel trailers shall be required to meet the elevation and anchoring requirements of Section 8-7(b)(2)(b) above unless: 1. They are on site for less than 180 consecutive days; and, 2. They are fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utility and service devices, and has no permanently attached additions. 8. Amend Section 8-9(c) to read as follows: Variances requested in connection with restoration of a historic site or historic structure as defined in Section 8-3(j), Historic Structures, may be granted using criteria more permissive than the requirements of Sections 8-9(a) and 8-9(b), subject to the conditions that: a a. The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; and, (b) The repair or rehabilitation will not result in the structure being removed as a certified historic structure. A SECTION 2. Any person, firm or corporation violating any provision of this ordinance shall be fined not less than Twenty Five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00) for each offense committed on each day during, or on which, a violation occurs or continues. SECTION 3. All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 4. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. PASSED this 23rd day of August , 1990. AYES: Bolger, Donahue, Lieder, McClatchey, Patterson, Serritella, Smith, Teta NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None APPROVED this 23rd day of August 1990. MA ATTEST: CITY CLERK 7