HomeMy WebLinkAboutProposed Amendments ACC 18.70
Exhibit G to Ordinance 6295 D R A F T New Section. Chapter 18.70 VARIANCES, SPECIAL EXCEPTIONS, AND ADMINISTRATIVE APPEALS 18.70.010 Variances -Zoning. [change only to title of this
section] 18.70.025 – Special Exceptions Variances in Regulatory Floodplains A. Subject to conditions, safeguards and procedures provided by this section, the hearing examiner may be
empowered to hear and decide applications for variances from the terms of Chapter 15.68; provided the hearing examiner may approve a variance only if the request conforms to all of the
criteria in ACC 18.70.025.B. In reviewing applications for a variance , the Hearing Examiner shall consider all technical evaluations, all relevant factors, standards specified in other
sections of this ordinance, and: 1. The danger to life and property due to flooding or erosion damage; 2. The danger that materials may be swept onto other lands to the injury of others;
3. The safety of access to the property in times of flood for ordinary and emergency vehicles; 4. The expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site; 5. The susceptibility of the proposed facility and its contents to flood or erosion damage and the effect
of such damage on the individual owner; 6. The availability of alternative locations for the pro-posed use which are not subject to flooding or channel migration and are not in designated
fish and wildlife habitat conservation areas; 7. The relationship of the proposed use to the comprehensive plan, growth management regulations, and flood-plain management program for
that area; 8. 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; 9. The potential of the proposed development project to destroy or adversely modify a fish and wildlife habitat conservation area;
and 10. The The potential of the proposed development project to affect, or be affected by, channel migration; and 11. Shall not result in a violation of this ordinance. B. The examiner
must enter findings of fact and conclusions of law which support the following criteria and any conditions. No variance shall be granted to the requirements of this ordinance Chapter
15.68 ACC unless the applicant demonstrates that: 1. The development project cannot be located outside the Regulatory Floodplain; 2. An exceptional hardship would result if the variance
were not granted; 3. The relief requested is the minimum necessary; 4. The applicant’s circumstances are unique and do not represent a problem faced by other area properties; 5. If the
project is within a designated floodway, no increase in flood levels during the base flood discharge would result;
Exhibit G to Ordinance 6295 D R A F T 6. The project will not adversely affect fish or wildlife habitat; If the issue is not specific to the property, but is a problem faced by other
properties, the remedy should be a revision to the ordinance rather than a variance. 7. There will be no additional threat to public health, safety, beneficial stream or water uses and
functions, or creation of a nuisance; 8. There will be no additional public expense for flood protection, lost environmental functions, rescue or relief operations, policing, or repairs
to streambeds, shorelines, banks, roads, utilities, or other public facilities; and 9. All requirements of other permitting agencies will still be met. C. Variances requested in connection
with restoration of a historic site, building or structure may be granted using criteria more permissive than the above requirements, provided: 1. The repair or rehabilitation is the
minimum necessary to preserve the historic character and design of the site, building or structure; and 2. The repair or rehabilitation will not result in the site, building or structure
losing its historic designation. D. Variances to the provisions of Section 6 of this ordinance ACC 15.68.161 and 15.68.170 may be issued for a structure on a small or irregularly shaped
lot contiguous to and surrounded by lots with existing structures constructed below the FPE, providing the other variance criteria are met. The applicant for such a variance shall be
notified, in writing, that the structure (i) will be subject to increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such
construction below the FPE in-creases risks to life and property. Such notification shall be maintained with a record of all variance actions. E. Variances pertain to a physical piece
of property. They are not personal in nature and are not based on the inhabitants or their health, economic, or financial circumstances.