It is the duty of the city of Bonney Lake to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the base flood elevation are so serious that exceptions from the flood elevation or from other requirements in the flood code are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if exceptions are strictly limited.
Therefore, the guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before an exception can be properly granted. The criteria are designed to screen out those situations in which alternatives other than an exception are more appropriate.
A. Generally, the only condition under which a deviation 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 level. As the lot size increases the technical justification required for issuing the deviation increases.
B. A reasonable use exception shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
D. A reasonable use exception shall only be issued upon:
1. A determination that the deviation is the minimum necessary, considering the flood hazard, to afford relief;
2. A showing of good and sufficient cause;
3. A determination that failure to grant the deviation would result in exceptional hardship to the applicant;
4. A determination that the granting of a deviation 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. A favorable biological assessment as required under the Endangered Species Act;
6. Demonstrating 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 BLMC §
16.20.030 in the definition of "functionally dependent use";
7. For the repair, 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 deviation is the minimum necessary to preserve the historic character and design of the structure.
E. In determining whether a reasonable use exception should be granted, the hearing examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the following:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger of life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety of access to the property in time of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
11. 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, water system and streets and bridges.
F. A reasonable use exception established under this section is the same as a variance as interpreted in the National Flood Insurance Program (NFIP). Under the NFIP, variances are based on the general zoning law principle in that a variance shall only pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, or economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, deviations from flood elevations should be quite rare.
G. A reasonable use exception 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 exemption criteria except subsection
B of this section, and otherwise complies with BLMC §
16.26.060(A),
(C) and
(D), general standards.
H. Any applicant to whom a reasonable use exception is granted shall be given written notice that:
1. The issuance of a deviation to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and
2. Such construction below the base flood elevation increases risks to life and property.
I. The floodplain administrator shall condition the exception as needed to ensure that the requirements and criteria of this chapter are met.
(Ord. 1301 § 5, 2009; Ord. 1570 § 5, 2017; Ord. 1615 § 13, 2019; Ord. 1666 § 7, 2021)