§ 156.052  PERMIT PROCEDURES.
   (a)   Application for a floodplain development permit shall be presented to the floodplain administrator or designated staff on forms furnished by them and may include, but not be limited to, plans drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard.
   (b)   Additionally, the following information is required:
      (1)   Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures;
      (2)   Elevation in relation to mean sea level to which any nonresidential structure shall be “floodproofed;”
      (3)   A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of § 156.066(b);
      (4)   Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
      (5)   Maintain a record of all information in accordance with § 156.051(a);
      (6)   If along an approximate Zone A or AE, a BFE will need to be determined using either a detailed study or best available data through FEMA;
      (7)   The elevations of the ten-, 50-, 100-, and 500-year floods where the data is available;
      (8)   The boundaries of the regulatory floodplain, SFHA, floodway, and channel migration area delineated in accordance with 156.065(j)(3);
      (9)   The proposed drainage system including, but not limited to, storm sewers, overland flow paths, detention facilities, and roads;
      (10)   Existing and proposed structures, fill, pavement and other impervious surfaces, and sites for storage of materials;
      (11)   All wetlands;
      (12)   Habitat areas identified for conservation or protection under state or federal or local laws or regulations (e.g., Endangered Species Act, Magnuson-Stevens Fishery Conservation and Management Act, Growth Management Act, Shorelines Management Act, Priority Habitat and Species List); and
      (13)   Existing native vegetation and proposed revegetation.
   (c)   If the proposed project includes a new structure, substantial improvement, or repairs to a substantially damaged structure that will be elevated, the application shall include the Flood Protection Elevation for the building site and the proposed elevations of the following:
      (1)   The top of the bottom floor (including basement, crawl space, or enclosure floor);
      (2)   The top of the next higher floor;
      (3)   The top of the slab of an attached garage;
      (4)   The lowest elevation of machinery or equipment servicing the structure;
      (5)   The lowest adjacent (finished) grade next to structure;
      (6)   The highest adjacent (finished) grade next to structure; and
      (7)   The lowest adjacent grade at the lowest elevation of a deck or stairs, including structural support.
   (d)   If the proposed project will result in a new elevated building, substantial improvements to an elevated building, or repairs that require the building become elevated, a non-conversion agreement will need to be signed by the permit applicant and filed at the county register of deeds office. The non-conversion agreement shall:
      (1)   Acknowledge the risk associated with this building practice;
      (2)   Acknowledge the use of the area that was permitted as an enclosure will be used solely on nonresidential accessory or appurtenant structure of low value whose usage is only for building access, parking, or storage;
      (3)   Allow for community, state, and/or federal officials to conduct periodic inspections to ensure compliance; and
      (4)   Prior to issuance of certificate of occupancy or final inspection, whichever occurs last, the property owner must execute a non-conversion agreement and the agreement must be recorded with the county real estate records. The agreement will be in the form of a restrictive covenant or other county-approved binding instrument, where the benefits of the covenant run in favor of the city of Sioux Falls. The covenant must be drafted to run with the land and bind successors in perpetuity. The purpose of the covenant is to document the current owner's understanding of the limitations on construction and use of the enclosed area in accordance with the provisions of this chapter, and to put prospective purchasers on notice of such restrictions. The covenant will also reference retrofitting criteria necessary to properly convert accessory buildings or structures to habitable space, should the owner choose to do so. In addition to any other enforcement mechanisms available, violation of the agreement will be considered a violation of this chapter and subject to all applicable zoning enforcement procedures.
   (e)   For any nonresidential construction that has been wet floodproofed, a non-conversion agreement must be completed as part of the permitting process. The non-conversion agreement:
      (1)   Acknowledges the risk associated with this building practice;
      (2)   Acknowledges the use of the area that was wet floodproofed will be used solely on nonresidential accessory or appurtenant structure of low value whose usage is only for building access, parking, or storage;
      (3)   Allows for community, state, and/or federal officials to conduct periodic inspections to ensure compliance; and
      (4)   Prior to issuance of certificate of occupancy or final inspection, whichever occurs last, the property owner must execute a non-conversion agreement and the agreement must be recorded with the county real estate records. The agreement will be in the form of a restrictive covenant or other county-approved binding instrument, where the benefits of the covenant run in favor of the city of Sioux Falls. The covenant must be drafted to run with the land and bind successors in perpetuity. The purpose of the covenant is to document the current owner's understanding of the limitations on construction and use of the enclosed area in accordance with the provisions of this chapter, and to put prospective purchasers on notice of such restrictions. The covenant will also reference retrofitting criteria necessary to properly convert accessory buildings or structures to habitable space, should the owner choose to do so. In addition to any other enforcement mechanisms available, violation of the agreement will be considered a violation of this chapter and subject to all applicable zoning enforcement procedures.
(1992 Code, § 45-16)  (Ord. 70-09, passed 8-3-2009; Ord. 94-16, passed 8-2-2016; Ord. 77-21, passed 7-6-2021)