Chapter 30.43D
FLOOD HAZARD AREA VARIANCES

Sections:

30.43D.010    Purpose and applicability.

30.43D.015    Variance limitations.

30.43D.020    Flood hazard area variance procedure.

30.43D.030    Time limitation of application.

30.43D.100    Decision criteria - flood hazard area variance.

30.43D.110    Additional notification requirements.

30.43D.120    Approval expiration.

30.43D.010 Purpose and applicability.

The purpose of this chapter is to set forth the procedures and decision criteria for flood hazard area variances. A flood hazard area variance is the mechanism by which an adjustment is made to specific flood hazard area regulations of chapters 30.65 and 30.43C SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.43D.015 Variance limitations.

Variances shall be limited solely to the consideration of:

(1) Elevation requirements for first floor construction;

(2) Elevation requirements for floodproofing; and

(3) The type and extent of required floodproofing.

Variances shall not be considered for any procedural or informational requirements or use prohibitions.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.43D.020 Flood hazard area variance procedure.

(1) Requests for variances from the provisions of chapter 30.65 SCC shall be approved, approved with conditions, or denied by the department.

(2) Applications for a flood hazard variance shall contain the information required by the submittal requirements checklist established by the department pursuant to SCC 30.70.030.

(3) When an application is submitted together with another permit application requiring a predecision hearing by the hearing examiner, the flood hazard variance shall be processed concurrently with the other application and the hearing examiner shall make the decision on the flood hazard variance, using a Type 2 process.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.43D.030 Time limitation of application.

An application for a flood hazard variance shall expire pursuant to SCC 30.70.140.

(Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.43D.100 Decision criteria - flood hazard area variance.

The department or the hearing examiner may approve or approve with conditions a flood hazard area variance request when the following criteria are met:

(1) There are special circumstances applicable to the subject property or to the intended use, such as shape, topography, location, or surroundings, that do not apply generally to other properties or classes of use in the same vicinity and zone;

(2) The granting of such variance will not be materially detrimental to the public welfare or injurious to the properties or improvements in the vicinity and zone in which the subject property is located;

(3) For residential new construction and residential substantial improvements, that such construction and improvements are contained on a lot one-half acre or less in size which is contiguous to and surrounded by existing structures constructed below the base flood elevation;

(4) Such a variance is the minimum necessary, considering the flood hazard, to afford relief;

(5) Failure to grant the variance would result in exceptional hardship to the applicant;

(6) The granting of such a variance will not result in:

(a) Increased flood heights;

(b) Additional threats to public safety;

(c) Extraordinary public expense;

(d) Creation of nuisances;

(e) Fraud on, or victimization of the public; and

(f) Conflicts with other existing local laws or ordinances;

(7) Such variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and zone but which because of special circumstances is denied to the property in question; and

(8) The granting of such variance will not adversely affect the comprehensive plan.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.43D.110 Additional notification requirements.

All decisions to grant a variance pursuant to this chapter shall contain notification to the applicant that:

(1) The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance which may be as high as $25.00 per $100.00 of insurance coverage or more; and

(2) Such construction below base flood level increases risks to life and property.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.43D.120 Approval expiration.

Approval of a flood hazard variance shall expire pursuant to SCC 30.70.140.

(Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)