17.76.220 Appeal and variance procedures.
A. Appeals.
1. The hearing examiner shall hear and decide all appeals of final decisions made by the public works director under this chapter in accordance with the appeal procedures in BMC 21.10.250.
2. In hearing and deciding appeals, the hearing examiner shall consider all technical evaluations standards specified in other sections of this chapter, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. 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
k. 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.
B. Variances.
1. The hearing examiner shall hear and decide all requests for variances under this chapter.
2. The hearing examiner may approve variances under this chapter for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided subsections (A)(2)(a) through (k) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
3. Upon consideration of the factors of subsections (A)(2)(a) through (k) of this section and the purposes of this chapter, the hearing examiner may condition a variance as it deems necessary to further the purposes of this chapter.
4. The hearing examiner shall follow a Type III-A process as specified in Chapter 21.10 BMC when considering a request for a variance from the provisions of this chapter.
C. The public works director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. [Ord. 2018-07-012 § 11; Ord. 9136 § 5(A), 1982].