15.08.260 Variance procedures and appeals.
A. A person who is aggrieved by a decision of the planning department in the interpretation or enforcement of this chapter may appeal the decision to the planning commission as provided in Chapter 18.70 BMC.
B. General conditions under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subsection L of this section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.
C. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or State Inventory of Historic Places, without regard to this procedure and requirements set forth in this section.
D. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
E. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
F. Variances shall only be issued upon:
1. A showing of good and sufficient cause in accordance with general zoning law principles;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection L of this section or conflict with existing city codes or regulations.
G. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they are justified by peculiarities of a physical piece of property, they are not personal in nature and are not justified by the condition, location or use of the structure, the personal situation, desires, or other circumstances of the inhabitants, economic or financial circumstances. Under this chapter, they primarily address small lots in densely populated residential neighborhoods. Variances from the flood elevation standards should be quite rare.
H. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all variance criteria, and otherwise complies with BMC 15.08.070 and 15.08.080.
I. An applicant who applied for a variance and is granted through the planning commission shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
J. The planning commission shall hear and decide requests for variances from the requirements of this chapter. The hearing on the request shall be conducted substantially as provided in BMC 18.60.050(A) through (C).
K. A person aggrieved by the decision of the planning commission may appeal such decision in accordance with Chapter 18.75 BMC.*
L. In passing upon variance applications, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this code, and:
1. The danger that materials may be swept onto other lands causing injury or damage to persons or other property;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the 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 for the proposed use which are not subject to flooding or erosion damage;
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 the effects of wave action, if applicable, expected at the site; and
11. The costs of providing governmental services during and after flood condition, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
M. Upon consideration of the factors of subsection L of this section and the purpose of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.
N. The planning department shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. [Ord. 10-15 § 2.]