City of Sikeston, MO Article IV Administration

Section 410.120 Establishment Of A Floodplain Development Permit.

[Ord. No. 6322, 11-27-2023]

A. A development permit shall be required for all proposed construction or development, including the placement of manufactured homes, in areas as 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 Community Development Department other 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:

1. Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures.

2. Elevation, in relation to mean sea level, to which any non-residential structure is to be floodproofed.

3. Certification from a Missouri registered professional engineer or architect that non-residential floodproofed structure will meet the floodproofing criteria in Article V, Section 410.180.

4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Section 410.130 Designation Of Floodplain Administrator.

[Ord. No. 6322, 11-27-2023]

The City Manager or his/her designee is hereby appointed to administer and implement the provisions of this Chapter by granting or denying development permit applications in accordance with its provisions.

Section 410.140 Duties And Responsibilities Of The Floodplain Administrator.

[Ord. No. 6322, 11-27-2023]

A. Duties of the Floodplain Administrator shall include, but not be limited to:

1. Review all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this Chapter have been satisfied.

2. Review all applications for floodplain development 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 by Federal, State, or local law.

3. When base flood elevation data have not been provided, then the Floodplain Administrator 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.

4. Verify 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.

5. Verify 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.

6. When floodproofing is utilized for a particular non-residential structure, the Floodplain Administrator shall obtain certification from the permittee's Missouri registered professional engineer or architect that floodproofing standards have been met.

7. Notify adjacent communities and the Missouri State Emergency Management Agency (MoSEMA) prior to any alteration or relocation of a watercourse and shall submit evidence of such notification to the Federal Emergency Management Agency (FEMA).

8. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

9. 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 Floodplain Administrator 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.

10. Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding.

11. Issue floodplain development permits for all approved applications.

B. Application For Floodplain Development Permit.

1. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:

a. Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;

b. Identify and describe the work to be covered by the floodplain development permit;

c. Indicate the use or occupancy for which the proposed work is intended;

d. Indicate the fair market value of the structure and the fair market value of the improvement;

e. Specify whether development is located in designated flood fringe or floodway;

f. Identify the existing base flood elevation and the elevation of the proposed development;

g. Give such other information as reasonably may be required by the Floodplain Administrator;

h. Be accompanied by plans and specifications for proposed construction; and

i. Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.

Section 410.150 Variance Procedures.

[Ord. No. 6322, 11-27-2023]

A. Establishment Of Appeal Board. 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.

B. Responsibility Of Appeal Board.

1. Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Floodplain Administrator, the applicant may apply for such floodplain development permit or variance directly to the appeal board, as defined in Article IV, Section 410.150(A).

2. 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 Floodplain Administrator in the enforcement or administration of this Chapter.

C. Further Appeals. Any person aggrieved by the decision of the Board of Adjustment, or any taxpayer may appeal such decision to the Scott County or New Madrid County Circuit Court as provided in Section 89.110, RSMo.

D. Floodplain Management Variance Criteria. In passing upon such applications for variances, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other Sections of this Chapter and:

1. The danger that materials may be swept onto other lands causing injury to persons or property;

2. The danger to life and property due to flooding or erosion damage;

3. The susceptibility of proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4. The importance of the services provided by the proposed facility to the community;

5. The necessity to the facility of a waterfront location, where applicable;

6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area;

9. The safety of access to the property in times of flood for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and sediment transport of floodwaters, if applicable, expected at the site; and

11. 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.

E. Conditions For Approving Floodplain Management Variances.

1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Subsection (E)(2) through (6) below have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

2. Variances may be issued for the repair or rehabilitation of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination, provided the proposed activity will not preclude the structure's continued historic designation and the variance is the minimum necessary to preserve the historic character and design of the structure.

3. 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.

4. Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to avoid relief.

5. Variances shall only be issued upon:

a. A showing of good and sufficient cause;

b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c. 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.

6. 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.

7. A community shall maintain a record of all variance actions, including justification for their issuance.

8. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that the criteria of items in Subsection (E)(1) through (5) of this Section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

F. Conditions For Approving Variances Of Accessory Structures.

1. Any permit granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Permits shall meet the following conditions.

2. In order to minimize flood damages during the one percent (1%) annual chance flood event, also referred to as "the 100-year flood" and the threat to public health and safety, the following conditions shall be required for any permit issued for accessory structures that are constructed at-grade and wet-floodproofed:

a. Use of the accessory structures must be solely for parking and limited storage purposes in any special flood hazard area as identified on the community's Flood Insurance Rate Map (FIRM).

b. For any new or substantially damaged accessory 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 Article V, Section 410.160(A)(1)(b) of this Chapter.

c. The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Article V, Section 410.160(A)(1)(a) of this Chapter. 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.

d. 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 Article V, Section 410.160(A)(1)(d) of this Chapter.

e. The accessory structures must meet all NFIP opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent (1%) annual chance flood event, also referred to as "the 100-year flood," contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article V, Section 410.180(A)(3) of this Chapter.

f. The accessory structures must comply with the floodplain management floodway encroachment provisions of Article V, Section 410.200(A)(3) of this Chapter. No permits may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.

g. Equipment, machinery, or other contents must be protected from any flood damage.

h. No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the accessory structures.

i. Wet-floodproofing construction techniques must be reviewed and approved by the community. The community may request approval by a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction. Cost for any required professional certification to be paid by the developer.

G. Conditions For Approving Variances Of Agricultural Structures.

1. Any permit granted for an agricultural structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances.

2. 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 permit issued for agricultural structures that are constructed at-grade and wet-floodproofed:

a. All proposed agricultural structures shall demonstrate that no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures, such as farm houses, cannot be considered agricultural structures.

b. Use of the structures must be limited to agricultural purposes in any special flood hazard area 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 Article V, Section 410.160(A)(4)(b) of this Chapter.

d. The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with Article V, Section 410.160(A)(1)(a) of this Chapter. 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.

e. Any mechanical, electrical, or other utility equipment must be located one (1) foot 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 Article V, Section 410.160(A)(1)(d) of this Chapter. The elevation shall be certified by a licensed land surveyor or professional engineer.

f. The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent (1%) annual chance flood event, also referred to as the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article V, Section 410.180(A)(3) of this Chapter.

g. The agricultural structures must comply with the floodplain management floodway encroachment provisions of Article V, Section 410.200(A)(3) of this Chapter. No permits may be issued for agricultural structures within any designated floodway, if any increase in flood levels would result during the one percent (1%) annual chance flood event, also referred to as "the 100-year flood."

h. Major equipment, machinery, or other contents must be protected from any flood damage.

i. No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the agricultural structures.

j. Wet-floodproofing construction techniques must be reviewed and approved by the community. The community may request approval by a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction. Cost for any required professional certification to be paid by the developer.