§ 156.030 LANDS TO WHICH THIS CHAPTER APPLIES.

   This chapter shall apply to all areas of regulatory floodplain, which is comprised of the special flood hazard area and all protected areas within the jurisdiction of Sioux Falls, South Dakota.

(1992 Code, § 45-6) (Ord. 70-09, passed 8-3-2009; Ord. 77-21, passed 7-6-2021)

§ 156.031 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.

   The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, “The Flood Insurance Study for Minnehaha County, South Dakota and Incorporated Areas” dated September 2, 2009; March 7, 2017; or October 5, 2017, with accompanying Flood Insurance Rate Maps (FIRM), and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. Any areas annexed by the city of Sioux Falls will continue to use the latest effective Flood Insurance Study and map panel. Any information that meets FEMA specifications for best available information will be applicable in setting floodplain restrictions.

(1992 Code, § 45-7) (Ord. 70-09, passed 8-3-2009; Ord. 85-11, passed 11-14-2011; Ord. 94- 16, passed 8-2-2016; Ord. 78-17, passed 8-15-2017; Ord. 77-21, passed 7-6-2021)

§ 156.032 FLOODPLAIN DEVELOPMENT PERMITS AND CERTIFICATES.

   (a)   Required. Any person, owner, or authorized agent who intends to conduct any development (or change in water quality through spills, dumping, or inlets) in a special flood hazard area shall first make application to the floodplain administrator and shall obtain the required floodplain development permit prior to the start of development.

   (b)   Application for floodplain development permit. The applicant shall file an application in writing on a form furnished by the floodplain administrator. The application shall:

      (1)   Identify and describe the development to be covered by the permit;

      (2)   Describe the land on which the proposed development is to be conducted by legal description, street address, or similar description that will readily identify and definitely locate the site;

      (3)   Include a site plan showing the delineation of special flood hazard areas, floodway boundaries, flood zones, base flood elevations, ground elevations, proposed fill and excavation, and drainage patterns and facilities;

      (4)   Indicate the use and occupancy for which the proposed development is intended;

      (5)   Be accompanied by construction documents, grading and filling plans, and other information deemed appropriate by the floodplain administrator;

      (6)   State the valuation of the proposed work when required; and

      (7)   Be signed by the owner or the owner’s authorized agent.

   (c)   Validity of permit. The issuance of a floodplain development permit under this chapter shall not be construed to be a permit for, or approval of, any violation of this chapter or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the floodplain administrator from requiring the correction of errors. The floodplain administrator is authorized to prevent occupancy or use of a structure or site which is in violation of this chapter.

   (d)   Expiration. A floodplain development permit shall become invalid if the proposed development is not commenced within one year after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The floodplain administrator is authorized to grant, in writing, extensions of up to two years.

   (e)   Suspension or revocation. The floodplain administrator is authorized to suspend or revoke apermit issued under this chapter wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.

   (f)   Flood hazard documents. Based on the permit review under § 156.053 and issuance of a floodplain development permit, the floodplain administrator may require the following documents:

      (1)   Elevation certificate upon the placement of the lowest floor, including basement, prepared by a registered professional engineer or land surveyor, of the elevation of the lowest floor, including basement. The floodplain administrator may require submission upon the placement of the lowest floor, including basement, prior to further vertical construction;

      (2)   Designed opening certificate prepared by a registered professional engineer for fully enclosed areas below the base flood elevation where provisions to allow for the automatic entry and exit of floodwaters do not meet the minimum requirements in § 156.066(c);

      (3)   “No-rise” certificate along with supporting hydraulic computations, prepared by a registered professional engineer, that development in a designated floodway will result in no increase in the base flood heights during the occurrence of a base flood (100-year) discharge;

      (4)   Fill placement certification prepared by a registered professional engineer when required by the floodplain administrator to ensure proper compaction and slope protection for fill placed in the floodplain;

      (5)   Manufactured home foundation design certification by a registered professional engineer to meet the requirements in § 156.066(d); and

      (6)   Hydraulic and hydrologic analyses requirements within § 156.060.

(1992 Code, § 45-8) (Ord. 70-09, passed 8-3-2009; Ord. 85-11, passed 11-14-2011; Ord. 94- 16, passed 8-2-2016; Ord. 77-21, passed 7-6-2021)

§ 156.033 COMPLIANCE.

   No structure or parcel shall hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations.

(1992 Code, § 45-9) (Ord. 70-09, passed 8-3-2009; Ord. 94-16, passed 8-2-2016)

§ 156.034 ABROGATION AND GREATER RESTRICTIONS.

   This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(1992 Code, § 45-10) (Ord. 70-09, passed 8-3-2009)

§ 156.035 INTERPRETATION.

   In the interpretation and application of this chapter, all provisions shall be:

   (a)   Considered as minimum requirements;

   (b)   Liberally construed in favor of the governing body; and

   (c)   Deemed neither to limit nor repeal any other powers granted under state statutes.

(1992 Code, § 45-11) (Ord. 70-09, passed 8-3-2009)

§ 156.036 WARNING AND DISCLAIMER OR LIABILITY.

   The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by human-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within the areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(1992 Code, § 45-12) (Ord. 70-09, passed 8-3-2009)

§ 156.037 SEVERABILITY.

   If any section, provision or portion of this chapter is adjudicated unconstitutional or invalid by a court, the remainder of the chapter shall not be affected.

(1992 Code, § 45-13) (Ord. 70-09, passed 8-3-2009)