15.10.090 Variances and Appeals
A. Appeals shall be granted consistent with the standards of Section 1910.6 of the Rules and Regulations of the National Flood Insurance Program.
B. The Board of Appeals established by Section 15.04.200 of this Chapter shall hear variances and appeals from the final decisions of the Building Official.
C. In passing upon applications for appeal or variance, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other parts of this Code; and
1. The danger that materials may be swept onto other lands to the injury or loss of others;
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 consistency of the proposed use with the policies of 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 flood waters and effects of channel movement, if applicable, expected at the site; and
11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
D. Upon consideration of the factors of and the purpose of the Chapter, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.
E. The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon approval.
F. Conditions for Variances:
1. Variances shall not be issued within any designated flood-way if any increase in flood levels during the base flood discharge would result.
2. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
3. 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 for the applicant; and,
c. A determination that granting the 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, or conflict with existing laws or Ordinances.
4. Any applicant to whom a variance is granted shall be given written notice that the cost of flood insurance will be commensurate with any increased risk that may result from development for which the variance is issued. (Ord. 3046, amended, 03/15/2011; Ord. 2925, amended, 04/18/2006)