(Ord. 2021-010, 2021)
The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owner.
It is the duty of the Kittitas County Hearings Examiner to help protect its citizens from flooding. T his need is so compelling and the implications of the cost of insuring a structure built below the Base Flood Elevation are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
1. 
The Kittitas County Hearings Examiner as established by the county shall hear and decide appeals and requests for variances from the requirements of this chapter.
2. 
The Hearings Examiner shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the county in the enforcement or administration of this chapter.
3. 
Those aggrieved by the decision of the Hearings Examiner or any taxpayer may appeal such decision to the Kittitas County superior court as provided by law.
4. 
In passing upon such applications, the Hearings Examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the following:
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 the 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 flood waters 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.
5. 
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 lot one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation provided subsections (4)(a) through (k) of this section have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.
6. 
Upon consideration of the factors of subsection (4) of this section and the purposes of this chapter, the Hearings Examiner may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this chapter.
7. 
The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
8. 
After the county has rendered an order either granting or denying a flood control zone permit, said order may be appealed to the Pollution Control Hearings Board pursuant to state law.
(Ord. 93-18 § 4.8, 1993; Ord. 2001-03; Ord. 2007-22, 2007; Ord. 2014-015, 2014; Ord. 2021-010, 2021)
1. 
Variances may be issued for the reconstruction, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
2. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variance requests in the designated floodway shall be accompanied by a professional engineering analysis of the resultant base flood discharge.
3. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief and upon:
a. 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
b. 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance, cause fraud or victimization of the public, or conflict with existing local laws or ordinances.
c. 
A showing of good and sufficient cause.
d. 
A showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in Section 14.08.020 of this ordinance in the definition of “Functionally Dependent Use.”
4. 
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 the flood elevation requirements should be quite rare.
5. 
Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined that such action will have low damage potential, and comply with all other variance criteria.
6. 
The Floodplain Administrator shall condition the variance as needed to ensure that the requirements and criteria of this ordinance are met.
7. 
Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 93-18 § 4.9, 1993; Ord. 2001-03; Ord. 2012-009, 2012; Ord. 2021-010, 2021)