[Ord. No. 6322, 11-27-2023]
This Chapter shall apply to all lands within the jurisdiction of the City of Sikeston identified as numbered and unnumbered A Zones, AE, AO, and AH Zones on the Flood Insurance Rate Map (FIRM) for Scott County, Missouri, on map panels 29201C0295D, 29201C0300D, 29201C0305D, 29201C0314D, 29201C0315D, 29201C0316D, 29201C0318D, 29201C0319D, 29201C0402D, 29201C0406D, 29201C0407D, and 29201C0425D dated June 5, 2012, as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit granted by the Sikeston City Council or its duly designated representative under such safeguards and restrictions as the Sikeston City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Article
IV.
[Ord. No. 6322, 11-27-2023]
A. The Flood Insurance Study (FIS) that is the basis of this Chapter
uses a standard engineering method of analyzing flood hazards, which
consist of a series of interrelated steps.
1.
Selection of a base flood that is based upon engineering calculations
which permit a consideration of such flood factors as its expected
frequency of occurrence, the area inundated, and the depth of inundation.
The base flood selected for this Chapter is representative of large
floods which are characteristic of what can be expected to occur on
the particular streams subject to this Chapter. It is in the general
order of a flood which could be expected to have a one percent (1%)
chance of occurrence in any one (1) year as delineated on the Federal
Insurance Administrator's FIS and illustrative materials for
Scott County dated June 5, 2012, as amended, and any future revisions
thereto.
2.
Calculation of water surface profiles are based on a standard
hydraulic engineering analysis of the capacity of the stream channel
and overbank areas to convey the regulatory flood.
3.
Computation of a floodway required to convey this flood without
increasing flood heights more than one (1) foot at any point.
4.
Delineation of floodway encroachment lines within which no development
is permitted that would cause any increase in flood height.
5.
Delineation of flood fringe, i.e., that area outside the floodway
encroachment lines, but still subject to inundation by the base flood.
[Ord. No. 6322, 11-27-2023]
A. No structure or other development without a floodplain development
permit or other evidence of compliance is presumed to be in violation
until such documentation is provided. Imposition of such fines or
penalties for any violation for non-compliance with this Chapter shall
not excuse the violation or non-compliance or allow it to continue.
All such violations or non-compliant actions shall be remedied within
an established and reasonable time.
B. Violation of the provisions of this Chapter or failure to comply
with any of its requirements (including violations of conditions and
safeguards established in connection with grants of variances or special
exceptions) shall constitute a misdemeanor.
C. Any person, firm, corporation, or other entity that violates this
Chapter or fails to comply with any of its requirements shall upon
conviction thereof be fined not more than five hundred dollars ($500.00)
or imprisoned for not more than ninety (90) days, or both, and in
addition shall pay all cost and expenses involved in the case. Each
day such violation continues shall be considered a separate offense.
D. Nothing herein contained shall prevent the City of Sikeston or other
appropriate authority from taking such other lawful action as is necessary
to prevent or remedy any violation.
[Ord. No. 6322, 11-27-2023]
A. This Chapter is not intended to repeal, abrogate or impair any existing
easements, covenants or deed restrictions. However, where this Chapter
imposes greater restrictions, the provisions of this Chapter shall
prevail. All other Chapters inconsistent with this Chapter are hereby
repealed to the extent of the inconsistency only.
B. Compliance. No development located within the special flood hazard
areas of this community shall be located, extended, converted, or
structurally altered without full compliance with the terms of this
Chapter and other applicable regulations.
[Ord. No. 6322, 11-27-2023]
A. In the interpretation and application of this Chapter, all provisions
shall be:
1.
Considered as minimum requirements;
2.
Liberally construed in favor of the Governing Body; and
3.
Deemed neither to limit nor repeal any other powers granted
by Missouri Statutes.
[Ord. No. 6322, 11-27-2023]
The degree of flood protection required by this Chapter is considered
reasonable for regulatory purposes and is based on engineering and
scientific methods of study. Larger floods can and will occur on rare
occasions. Flood heights may be increased by manmade or natural causes,
such as ice jams and bridge openings restricted by debris. This Chapter
does not imply that land outside the areas of special flood hazards
or uses permitted within such areas will be free from flooding or
flood damages. This Chapter shall not increase liability on the part
of the City of Sikeston, Missouri, or by any officer or employee thereof
for any flood damages that result from reliance on this Chapter or
any administrative decision lawfully made thereunder.