[R.O. 2009 §17.44.120]
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Article III, Section 410.060. No person, firm or corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for each development. Application for a development permit shall be made on forms furnished by the Planning Coordinator and may include, but not limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures.
Elevation, in relation to mean sea level, to which any non-residential structure is to be floodproofed.
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
[R.O. 2009 §17.44.130]
The Planning Coordinator is hereby appointed to administer and implement the provisions of this Chapter by granting or denying development permit applications in accordance with its provisions.
[R.O. 2009 §17.44.140]
Duties of the Planning Coordinator shall include, but not be limited to:
Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this Chapter have been satisfied.
Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.
When base flood elevation data have not been provided, then the Planning Coordinator shall obtain, review and reasonably utilize any base flood elevation or floodway data available from a Federal, State or other source in order to administer the provision of Article V.
Verify, record and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.
Verify, record and maintain a record of the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed.
When floodproofing is utilized for a particular structure, the Planning Coordinator shall obtain certification from the permittee's registered professional engineer or architect that floodproofing standards have been met.
Notify adjacent communities and the Missouri State Emergency Management Agency prior to any alteration or relocation of a watercourse and shall submit evidence of such notification to the Federal Emergency Management Agency.
Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the Planning Coordinator shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in the Article.
[R.O. 2009 §17.44.150]
The Board of Adjustment as established by the City of Sikeston, Missouri, shall hear and decide appeals and requests for variances from the requirements of this Chapter.
The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Planning Coordinator in the enforcement or administration of this Chapter.
Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Circuit Court as provided in Chapter 89, RSMo.
In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other Sections of this Chapter and:
The danger that materials may be swept onto other lands causing injury to persons or property;
The danger to life and property due to flooding or erosion damage;
The susceptibility of proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
The importance of the services provided by the proposed facility to the community;
The necessity to the facility of a waterfront location, where applicable;
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
The compatibility of the proposed use with existing and anticipated development;
The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
The cost of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electric and water systems and streets and bridges.
Conditions Of Variances.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (2—6) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.
Variances may be issued for the repair or rehabilitation of historic structures upon determination the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
Variances shall not be granted within any designated floodway unless an engineer has submitted an evaluation of the hydraulic impact of the proposed development as well as signed, sealed and dated "no rise" certification.
Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to avoid relief.
Variances shall only be issued upon:
A showing of good and sufficient cause,
A determination that failure to grant the variance would result in exceptional hardship to the applicant, and
A determination that granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, increase nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.