BOARD OF APPEALS
17.1 APPOINTMENTS. Zoning Board of Appeals, here after referred to by the term "Zoning Board," is hereby authorized to be established. Such Zoning Board shall consist of five members appointed by the President of Board of Trustees and confirmed by the members of the Board of Trustees. Each appointment shall be for five years. Vacancies shall be filled by the President of Board of Trustees for the unexpired terms only, subject to confirmation by the Board of Trustees at its next meeting. The Board of Trustees shall have power to remove any member of the Zoning Board for cause, after a public hearing upon giving ten (10) days notice there
17.2 PROCEDURES. The President of Board of Trustees, upon his assuming office, shall name one of the members of the Zoning Board as Chairman. Regular meetings of the Zoning Board shall be held monthly at such time and place within the Village as the Zoning Board may determine. Special meetings may be held at the call of the Chairman, or as determined by the Zoning Board. Such Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Zoning Board shall be open to the public.
The Zoning Board shall keep the minutes of its pro ceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such facts, and shall also keep records of its examina tions and other official actions. Every rule, regulation, amendment or repeal thereof and every order, reqiairement decision, or determination of the Zoning Board shall immediately be filed in the office of the Board and shall be a public record. Four members of the Zoning Board shall constitute a quorum and the concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Enforcing Officer in any matter upon which it it required to pass under this ordinance or to effect any variation in this ordinance in accordance with Chapter Eighteen. In the performance of its duties, the Zoning Board may incur such expenditures as shall be authorized by the Board of Trustees.
The Zoning Board shall adopt its own rules of procedure not in conflict with the statute or this ordinance.
CHAPTER EIGHTEEN -
APPEALS !OR VARIATIONS
18.1 GROUNDS. Whenever, in a specific case, after an application for a permit has been made to the Enforcing Officer, an appeal is made to the Zoning Board that there are practical difficulties or particular hardships in the way of carrying out the strict letter of any regulation relating to the use, construction, alterarion, or loca tion of building or structures or to the use of land, the Zoning Board may determine and vary their application in harmony with the general purpose and intent of such regulations, upon such conditions as may be considered appropriate and in the public interest, and in accordance with the rules herein set forth.
18.2 HEARINGS. No.variations shall be made, except after a public hearing of which there shall be at least fifteen (15) days notice to the time and place of such hearing published in a newspaper of general circulation in the Village, and notice to contain the particular location for which the variation is requested as well as a brief statement of what the proposed variation consists.
The action of the Zoning Board in granting a variation shall contain or be accompanied by a finding of fact specifying the reason for making such variation.
18.3 FEE. To partially defray the expense of inves tigating and considering an appeal for variation where a public hearing is required, a fee of ten dollars ($10.00) shall be charged the applicant and be collected by the Enforcing Officer, who shall account for same to the Village Treasurer.
19.1 GROUNDS. Any person aggrieved or any officer, department, or board of the village may appeal to the Zoning Board to review any order requirement, decision, or determination made by the Enforcing Officer in connection with the sections herein pertaining to zoning.
19.2 PROCEDURES. Such appeal shall be made within thirty (30) days from the date of the action appealed from by filing with the Enforcing Officer and the Zoning Board a notice of appeal specifying the grounds thereof. The Enforcing Officer shall forthwith transmit to the Zoning Board all papers constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Enfoz Of ficer certifies to the Zoning Board after the notice of the appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a re straining order of record on application, on notice to the Enforcing Officer, and on due cause shown.
19.3 HEARINGS. The Zoning Board shall fix a reason able time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reason able time, upon the hearing, any party may appear in person, by agent, or by attorney, the Zoning Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the Enforcing Officer.
After such an appeal has been duly acted upon by the Zoning Board, and said Board shall have the right to deny any further appeals on the same grievance.
20.1 ZONING REGULATIONS. No amendment to the Zoning Regulation of this ordinance shall be made without a hear ing before the Zoning Board. At least fifteen (15) days notice of the time and place of such hearings shall be pub- lished in a paper of general circu1a in the Village. Within thirty (30) days after the hearing, the Zoning Board shall make a report to the Board of Trustees, if; (1) the report of the Zoning Board does not recommend pas sage of the proposed amendment; or (2) a written protest against the proposed amendment is filed with the Village Clerk signed and acknowledged by twenty (20) percent of the property owners within 300 feet. Then such amendment shall not be passed, except by a majority vote of all the members of the Board of Trustees.
20.2 FEES. Proposals to rezone or reclassify any property and the reasons in support thereof shall be filed with the Enforcing Officer, who shall then transmit same to the Zoning Board for its consideration and report to the Board of Trustees. Before any action shall be taken as provided in this ordinance, the party or parties petitioning for a change shall deposit with the Village Treas urer the sum of twenty-five dollars ($25.00) to partially defray the cost of the procedure, and under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law.
20.3 PLAT REGULATIONS. Amendments to the flat approving regulations of this ordinance may be made by a majority vote of all the members of the Board of Trustees.
Upon motion properly made and seconded, concerning passage and publication of the "Zoning Ordinance of the Village of Colfax, Illinois, to the Board of Trustees voted upon roll call as follows:
Kenneth Wyant: yea Harry Wagoner: yea Myron Gross: yea
Robert Geske: yea Jack Messamore: yea Brad Rigeby: yea
The foregoing ordinance entitled "Zoning Ordinance of the Village of Colfax, Illinois" was passed, approved, and published this fifth day of January, 1976, at 8:00 p. rn., in the Village Hall, Colfax, Illinois, by the President and Board of Trustees of the Village of Colfax, McLean County, Illinois.
signature on file
Darwin K. Gillan, President
Village of Colfax, McLean County, Illinois
signature on file
Robert L. Gillan, Clerk
Village of Colfax, McLean County, Illinois
I hereby certify that the foregoing is a true and accurate copy of an ordinance entitled the "Zoning Ordinance of the Village of Colfax, Illinois of the Village of Colfax, McLean County, Illinois, passed and approved in the Village Hall, Colfax, Illinois by the President and Board of Trustee. of the Village of Colfax at 8:00 p.m., on the fifth day of January, 1976, and published in book form by authority of the President and Board of Trustees on the same time and date and at the same place.
signature on file
Robert L.. Cillan, Clerk
Village of Colfax, McLean County, Illinois
AN ORDINANCE REGULATING DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS
Be it ordained by the Village Board of the Village of Colfax, Illinois as follows:
Section 1. Puruose
This ordinance is enacted pursuant to the police powers granted to this Village by the Illinois Municipal Code (65 IL. Compiled Statutes 5/1-2-1, 5/1 1-12-12, 5/11-30-2, 5/11-30-8, and 5/11-31-2) in order to accomplish the following purposes:
a. to prevent unwise developments from increasing flood or drainage hazards to others;
b. to protect new buildings and major improvements to buildings from flood damage;
c. to promote and protect the public health, safety, and general welfare of the citizens from the hazards of flooding;
d. to lessen the burden on the taxpayer for flood control, repairs to public ficilitles and utilities, and flood rescue and relief operations;
e. to maintain property values and a stable tax-base by minimizing the potential br creating blight areas; and
f. to make federally subsidized flood insurance available.
Section 2. Definitions
For the purposes of this ordinance, the following definitions are adopted:
a. "Base Flood" The flood having a one percent probability of being equaled or exceeded in any given year. The base flood is also known as the 1 00-year flood. The base flood elevation at any location is as defined in Section 3 of this ordiniince.
b. "Base Flood Elevation" (BFE) The elevation in relation to mean sea level of the crest of the base flood.
c. "Building" A structure that is principally above ground and is enclosed by walls and a roof including manufactured homes and prefabricated building The term also includes recreational vehicles and travel trailers to be installed on a site ibr more than 180 days.
d. "Development".Any man-made change to real estate including, but not necessarily limited to:
i. construction, reconstruction, or placement of a building, or any addition to a building, exceeding 70 square feet in floor area;
ii. substantial improvement of and existing building;
iii. installation of a manufactured home on a site, preparing a site for a manufhctured home, or installing a travel trailer on a site fbr more than - 180 days;
iv. installation of utilities, construction of roads, bridges, culverts or similar projects;
v. construction or erection of levees, dams, walls, or fences;
vi. drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface;
vii. storage of materials including the placement of gas and liquid storage tanks; and
viii. channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters.
"Development does not include maintenance of existing buildings and facilities; resurfacing roads; or gardening, plowing, and similar practices that do not involve filling, grading, or construction of levees.
e. "FEMA" Federal Emergency Management Agency.
f. - "Flood" A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
g. "Flood Fringe" That portion of the flood plain outside of the regulatory flood way.
h. "Flood Insurance Rate Map" A map prepared by the Federal Emergency - Management Agency that depicts the flood plain or special flood hsnnd area (SFHA) within a co This map includes insurance rate zones and may or may not depict floodways and show base flood elevations.
i. "flood plain" and "Special Flood Hazard Area (SFHA)" are synonymous. Those lands within the jurisdiction of the village that are subject to inundation by the base flood. The flood plains of the village are generally identified as such on the countywide Flood Insurance Rate Map of McLean County and incorporated areas prepared by the Federal Emergency Management Agency dated Febtuaty 9 2001.
The flood plains of those parts of unincorporated McLean County that are within the extraterritorial jurisdiction of the Village or that may be annexed into the Village are generally identified as such on the countywide Flood Insurance Rate Map prepared for McLean County by the Federal Emergency Management Agency dated February 9th, 2001.
j. "Flood proofing" Any combination of structural or nonstnzctural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate, property and their contents.
k. "Flood proofing Certificate" A forth published by the Federal Emergency Management Agency that is used to certify that a building has been designed and constructed to be structurally dry flood proofed to the flood protection elevation.
1. "Flood Protection Elevation" or "FPE" The elevation of the base flood plus one foot of freeboard at any given lecation in the flood plain.
m. "Flood way" That portion of the flood plain required to store and convey the base flood. The flood ways for each of the flood plains of the Village and McLean County shall be according to the best data available from Federal, State, or other sources.
n. "IDNR/OWR" Illinois Department of Natural Resources/Office of Water Resources.
o. "Manufactured Home" A structure transportable in one or more sections, that is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities.
p. "NFIP" National Flood Insurance Program.
q. "SFHA" See definition of flood plain.
r. "Substantial Improvement" Any repair, reconstruction, 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, and is being restored, before the damage occurred.
"Substantial improvement" is considered to occur when the first alteration of any wail, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (I) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or the illinois Register of Historic Places.
s. "Travel Trailer" (or Recreational Vehicle) A vehicle which is:
(i) built on a single chassis;
(ii) 400 square feet or less in size;
(iii) designed to be sell or permanently towable by a light duty nk
(iv) designed primarily for use as temporary living quarters for recreational, camping, travel, or seasonal use and not as a permanent dwelling.
Section 3. Base Flood Elevation
This ordinance'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 may finance the detailed engineering study needed to replace the existing data with better data and submit it to the Federal Emergency Management Agency for approval.
a. The base flood elevation for each of the flood plains of the Village and unincorporated McLean County delineated as an "A Zone" on the county wide Flood Insurance Rate Map of McLean County and unincorporated areas shall be according to the best data available from federal, state or other sources. Should no other data exist, an engineering study must be financed to detennine base flood elevations.
Section 4. Duties of the Zoniiw Officer
The Zoning Officer shall be responsible for the general administration of this ordinance and ensure that all development activities within the flood plains under the jurisdiction of the village meet the requirements of this ordinance. Specifically, the Zoning Officer shall:
a. Process development permits in accordance with Section 5;
b. Ensure that all developments in a flood way (or a flood plain with no delineated flood way) meets the damage prevention requirements of Section 6;
c. Ensure that the building protection requirements for all buildings subject to Section 7 are met and maintain a record of the "as-built" elevation of the lowest floor (including basement) or flood proof certificate;
d. Assure that all subdivisions and annexations meet the requirements of Section 8;
e. If a variance is requested, ensure that the requirements of Section 9 are met and maintain documentation of any variances granted;
f. Inspect all development projects and take any and all actions outlined in Section 11 as necessary to ensure compliance with this ordinance;
g. Assure that applicants are aware of and obtain any and all other required local, state, and federal permits;
h. Notify IDNB/OWR and any neighboring communities prior to any alteration or relocation of a ntercoune;
j. Provide information and assistance to citizens upon request about permit procedures and flood plain construction techniques;
j. Cooperate with state and federal flood plain management agencies to coordinate base flood data and to improve the administration of this ordinance; and
k. Maintain for public inspection base flood data, flood plain maps, copies of state and federal permits, and documentation of compliance for development activities subject to this ordinance.
Section 5. Development Permit
No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the flood plain without first obtaining a development permit from the Zoning Officer. The Zoning Officer shall not issue a development permit if the proposed development aoes not meet the requirements of this ordinance.
a. The application for development permit shall be accompanied by:
i. drawings of the site, drawn to scale showing property line dimensions;
ii. existing grade elevations and all changes in grade resulting from excavation or filling;
iii. the location and dimensions of all buildings and additions to buildings; and
iv. the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of Section 7 of this ordinance.
b. Upon receipt of an application for a development permit, the Zoning Officer hs1I compare the elevation of the site to the base flood elevation. Any development located on land that can be shown by survey data to have been higher than the base flood elevation as of the date of the site's first Flood Insurance Rate Map identification is not in the flood plain and therefore not subject to the requirements of this ordinance. The shall maintain documentation of the exisfing 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.
Section 6 Preventing Increased Flood Heights and Resulting Pamages; Within the Village's flood plains, the following standards shall apply:
a. except as provided in Section 6b, no development shall be allowed which, acting in combination with existing and anticipated development, will cause any increase in flood heights or velocities or threat to public health and saftty. The following specific development activities shall be considered as meeting this requirement:
i. Barge fleeting facilities meeting the conditions of IDNR/OWR Statewide Permit No. 3;
ii. Aerial utility crossings meeting the conditions of IDNR/OWR Statewide Permit No.4;
iii. Minor boat docks meeting the conditions of IDNR/OWR Statewide Petmit No.5;
iv. Minor, non-obsiructive activities meeting the conditions of IDNR/OWR Statewide Permit No 6;
v. Outfall structures and drainage ditch outlets meeting the conditions of IDNR/OWR Statewide Permit No.7;
vi. Underground pipeline and utility crossings meeting the conditions of IDNE/OWR Statewide Permit No.8;
vii. Bank stabilization projects meeting the conditions of IDNB/OWR Statewide Permit No.9;
viii. Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR Statewide Permit No. 10;
ix. Minor maintenance dredging activities meeting the conditions of IDNB/OWR Statewide Permit No.11; and
x. Any development determined by IDNB/OWR to be located entirely ins flood fringe area.
b. Other development activities not listed in (a) may be permitted only if
i. a permit has been issued for the work by IDNB/OWR (or written documentation is provided that an IDNB/OWR permit is not required); and
ii. sufficient data has been provided to FEMA, when necessary, and approval obtained from FEMA for a revision of the regulatory map and base flood elevation.
Section 7 Protecting Buildings
a. In addition to the damage prevention requirements of Section 6, all buildings to be located in the flood plain chall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations:
i. construction or placement of a new building valued at more than $1,000;
ii. substantial improvements made to an existing building;
- iii. structural alterations made to an existing building that increase the floor area by more than 20%;
iv. installing a manufactured home on a new site or a new manufactured home on an existing site (the building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage); and
v. installing a travel trailer on a site for more than 180 days.
b. Residential or non-residential buildings can meet the building protection requirements by one of the following methods:.
The building may be constructed on permanent land 2 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 one foot before compaction and should extend at least ten feet beyond the
foundation before sloping below the flood protection devation
(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 incorporate debris or refuse materials; and
(5) the fill shall not adversely affect the flow of surface drainage from or onto neighboring properties and when necessary, storm water management techniques such as swales or basins shall be incorporated; or
The building may be elevated in accordance with the following:
(1) The building or improvements shall be elevated on stilts, plies,
walls, or other foundation that is permanently open to flood water;
(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 flood waters. Designs must either be certified by a registered professional engineer to provide adequate flow to equalize hydrostatic pressure or provide a minimum of one permanent opening on each wall, no more than one foot above grade. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation;
(4) the foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to ininimite exposure to hydrodynamic forces such as current, waves, ice and floating debris;
(5) the finished interior grade shall not be less than the finished exterior grade;
(6) all structural components below the flood protection elevation Rhsll be constructed of materials resistant to flood damage;
(7) water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the flood protection elevation provided they are waterproofed; and
(8) the area below the flood protection elevation shall be used solely for parking or building access and not occupied as habitable space or used for the storage of materials.
c. Manufactured homes, or travel trailers to be installed on site for more than 180 days, shall be:
i. elevated to or above the flood protection elevation; and
i 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
IL Adm. Code 870.
d. Non-residential buildings may be structurally dry flood proofed (in lieu of elevation) provided a registered professional engineer or architect certifies that:
i. below the flood protection elevation the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood;
ii. the building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and the impact from debris and ice; and
iii. flood proofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity.
Levees, berms, floodwalls and similar works are not considered flood proofing for the purpose of this subsection.
Section 8. Subdivision and othe Developn Recmirements
The village board shall take into account flood hazards, to the extent that they are known, in all official actions related to land management use and development.
a. New subdivisions, manufactured home parks, annexation agreements, planned unit developments, and additions to manufactured home parks and subdivisions shall meet the damage prevention and building protection standards of Sections 6 and 7 of this ordinance. Any proposal for such development shall include the following data:
i. the base flood elevation and the boundary of the flood plain (where the base flood elevation is not available from an existing study, the applicant shall be responsible for calculating the base flood elevation);
ii. the boundary of the flood way when applicable; and
iii. a signed statement by a Registered Professional Engineer that the proposed plat or plan accounts for changes in the drainage of surface waters in accordance with the Plat Act (765 IL. Compiled Statutes 205/2).
b. Public health standards must be met for all flood plain development In addition to the requirements of Sections 6 and 7, the following standards apply:
i. No development in the flood plain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hnndous or toxic materials below the. flood protection elevation unless such materials are stored in a storage tank or flood proofed building constructed according to the requirements of Section 7 of this ordinance.
ii. Public utilities and facilities such as sewer, gas, and electric shall be located and constructed to minimize or eliminate flood damage
iii. Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into floodwaters;
iv. New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other above ground openings located below the flood protection elevation shall be watertight.
c. All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.
Section 9. Variances
Whenever the standards of this ordinance place undue hardship on a specific development
proposal, the applicant may apply to the Zoning Board for a variance. The Zoning Board shall review the applicant's request for a variance and shall submit its recommendation to the village board. The village board may attach such conditions to granting of a variance as it deems necessary to further the intent of this ordinance.
a. No variance shall be granted unless the applicant demonstrates that:
i. the development activity cannot be located outside the flood plain;
ii. an exceptional hardship would result if the variance were not granted;
iii. the relief requested is the minimum necessary;
iv. there will be no additional threat to public health or safety, or creation of a nuisance;
v. there will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities;
vi. the applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
vii. all other required state and federal permits have been obtained.
b. The Zoning Officer chall notify an applicant in writing that a variance from the requirements of the building protection standards of Section 7 that would lessen the degree of protection to a building will:
I result in increased premium rates for flood insurance up to $25 for $100 of insurance coverage;
ii. increase the risks to life and property and
iii. require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.
c. Variances to the building protection requirements of Section 7 of this ordinance requested in connection with the reconstniction, repair or alteration of a site or building included on the National Register of Historic Places or the illinois Register of Historic Places may be granted using criteria more permissive than the requirements of Subsection 9 (a)(i-v).
Section 10. Disclaimer of Liability
The degree of protection required by this ordinance is considered reasonable for regulatoty 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 man-made or natural causes. This ordinance does not imply that development either inside or outside of the flood plain will be free from flooding or alamage This ordinance does not create liability on the part of the village or any officer or employee thereof for any flood damage that results from proper reliance on this ordinance or any administrative decision made lawfully thereunder.
Section 11. Penalty
Failure to obtain a permit for development in the flood plain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this ordinance. Upon due investigation, the Zoning Officer may determine that a violation of the minimum standards of this ordinance exists. The shall noti& the owner in writing of such violation.
a. If such owner fails after ten days notice to correct the violation:
i. The village will make application to the circuit court for an injunction requiring conformance with this ordinance or make such other order as the court deems necessary to secure compliance with the ordinance;
ii. Any person who violates this ordinance shall upon conviction thereof be fined not less than twenty-five dollars ($25.00) nor more than two-hundred dollars ($200.00); and
iii. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
b. The Zoning Officer shall Inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage bya Standard Flood Insurance Policy to be suspended.
c. Nothing herein shall prevent the village from taking such other lawful action to prevent or remedy any violations. All costs connected therewith ha11 accrue to the person or persons responsible.
Sect 12. Abrogation and Greater Restrictions
This ordinance repeals and replaces other ordinances adopted by the village board to fulfill the requirements of the National Flood Insurance Program including: the Ordinance Regulating Development in Special Flood Hazard Areas dated 4/7/86. However, this ordinance does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this ordinance repeal, to gate, or impair any existing easements, covenants, or deed restrictiont Where this ordinance and other ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
Section 13. Separability
The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder.
Passed by the Board of Trustees of the Village of Colfax, Illinois this 5th day of February, 2001.
Approved by the Village President the 5th day of February, 2001.
This Ordinance shall be in full force and effect from and after its passage and approval as provided by law.
Passed by the Village Board of the Village of Colfax, Illinois, on the 5th day of February, 2001, by the following vote:
Approved this 5th day of February, 2001.
signature on file
signature on file
STATE OF ILLINOIS )
COUNTY OF MCLEAN )
I certify that I am the duly elected and acting Village clerk of the Village of Colfax, McLean County, Illinois. I further certify that on the 5th day of February, 2001, the Corporate Authorities of such municipality passed and approved "AN ORDINANCE REGULATING DEVELPMENT IN SPECIAL FLOOD HAZARD AREAS", which was published in pursuant to statute.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois this 5th day of February, 2001.
signature on file
Clerk of the Village of Colfax, McLean County, Illinois.