18.10.060 Administration.
A. Establishment of Development Permit – Flood Hazard Permit Required. A flood hazard permit shall be obtained before construction or development begins within any area of special flood hazard established in GHMC 18.10.050. The permit shall be for all structures including manufactured homes, as set forth in GHMC 18.10.040, Definitions, and for all development including fill and other activities, also as set forth in GHMC 18.10.040. However, structures that are excluded from the definition of substantial improvement shall not be subject to the flood hazard permit requirement. The permit shall be exempt from the following project permit processing requirements of GHMC Title 19: GHMC 19.01.002(B), Optional Consolidated Permit Processing; GHMC 19.02.003, Submission and acceptance of application; GHMC 19.02.004, Notice of application; RCW 36.70B.060(5) (single staff report with all decisions made as of the date of the report as to all project permits); RCW 36.70B.060(6) (requirement that there be no more than one open record hearing and one closed record appeal); GHMC 19.02.007(A), Notice of Decision; and GHMC 19.02.007(B) (completion of application review within any applicable deadline).
B. Application for Flood Hazard Permit. Application for a flood hazard permit shall be made on forms furnished by the planning director. A complete flood hazard permit shall include the following:
1. Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
a. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FEMA Form 81-31) with Section B completed by the local official;
b. Elevation in relation to mean sea level to which any structure has been floodproofed;
c. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in GHMC 18.10.070;
d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
C. Designation of the Local Administrator. The planning director or his/her designee is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
D. Duties and Responsibilities of the Local Administrator. Duties of the local administrator shall include, but not be limited to:
1. Permit Review.
a. Review all flood hazard permits to determine that the permit requirements of this chapter have been satisfied.
b. Review all flood hazard permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
c. Review all flood hazard permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of GHMC 18.10.070 are met.
2. Use of Other Base Flood Data (in A and V Zones). When base flood elevation data has not been provided (in A or V zones) in accordance with GHMC 18.10.050(B), Basis for Establishing the Areas of Special Flood Hazard, the local administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer GHMC 18.10.070(G), Specific Standards, and GHMC 18.10.070(M), Floodways.
3. Information to Be Obtained and Maintained.
a. Where base flood elevation data is provided through the flood insurance study, FIRM, or required as in subsection (D)(2) of this section, obtain and record the actual (as-built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement, recorded on a current elevation certificate (FEMA Form 81-31) with Section B completed by the local official.
b. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection (D)(2) of this section:
i. Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed.
ii. Maintain the floodproofing certifications required in GHMC 18.10.070(I)(3).
4. Alteration of Watercourses.
a. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
5. Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program.
E. Conditions for Variances.
1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases the technical justification required for issuing the variance increases.
2. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. 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 to the applicant;
c. 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, or conflict with existing local laws or ordinances.
5. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare.
6. 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 other variance criteria except GHMC 18.10.060(E)(2), and otherwise complies with GHMC 18.10.070(B), 18.10.070(D) and 18.10.070(E) of the general standards.
7. Any applicant to whom a variance is granted shall be given written notice that the permitted structure will be built with its lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk. (Ord. 1245 § 39, 2012; Ord. 1197 § 85, 2010; Ord. 1172 § 2, 2009; Ord. 1074 § 2, 2007).