§ 15.16.070. Appeals.

(a)

General. This section shall govern appeals of any requirement, decision or determination made by the floodplain administrator pertaining to development permits and variances.

(b)

Development permits.

(1)

A requirement, decision or determination made by the floodplain administrator pertaining to a development permit may be appealed by any interested person to the planning commission when the basis for the appeal alleges an error or abuse of discretion or that the application for a development permit did meet or failed to meet the qualifications or standards set forth in this chapter.

(2)

The decision of the floodplain administrator on a development permit may be appealed in writing to the planning commission, within five business days of the floodplain administrator's decision; thereafter the floodplain administrator's decision becomes final. Such appeal shall be filed in the office of the city clerk during normal business hours. The appeal before the planning commission shall be governed by the procedures set forth in section 19.44.050 as they apply to appeals before the planning commission, except that such appeal shall be a public hearing. The decision of the planning commission shall be final, unless appealed to the city council.

(3)

The decision of the planning commission may be appealed by any interested person in writing to the city council, within five business days of the planning commission's decision; thereafter the planning commission's decision becomes final. Such appeal shall be filed in the office of the city clerk during normal business hours. The appeal shall be governed by the procedures set forth in section 19.44.050 as they apply to appeals before the city council, except that such appeal shall be a public hearing. The decision of the city council shall be final.

(c)

Variances.

(1)

The floodplain administrator's decision on an application for a variance may be appealed by any interested person to the planning commission within five business days of the floodplain administrator's decision; thereafter the floodplain administrator's decision becomes final. Such appeal shall be filed in the office of the city clerk during normal business hours. The appeal before the planning commission shall be governed by the procedures set forth in section 19.44.050 of this Code as they apply to appeals before the planning commission, except that such appeal shall be a public hearing. The decision of the planning commission shall be final, unless appealed to the city council.

(2)

In reviewing an appeal for a variance, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the following:

a.

Danger that materials may be swept onto other lands to the injury of others;

b.

Danger of life and property due to flooding or erosion damage;

c.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

d.

Importance of the services provided by the proposed facility to the community;

e.

Necessity to the facility of a waterfront location, where applicable;

f.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g.

Compatibility of the proposed use with existing and anticipated development;

h.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i.

Safety of access to the property in time of flood for ordinary and emergency vehicles;

j.

Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site;

k.

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 system, and streets and bridges;

l.

Whether the applicant has shown good and sufficient cause for the variance as defined in this chapter;

m.

Whether the applicant has shown that failure to grant the variance would result in exceptional hardship, as defined in this chapter, to the applicant; and

n.

The granting of a variance will not result in increased flood heights, result in public safety concerns and nuisance as defined in this chapter, or extraordinary public expense cause fraud and victimization of the public as defined in this chapter, or conflict with existing local laws or ordinances.

(3)

The decision of the planning commission may be appealed by any interested person in writing to the city council, within five business days of the planning commission decision; thereafter the planning commission's decision becomes final. Such appeal shall be filed in the office of the city clerk during normal business hours. The appeal shall be governed by the procedures set forth in section 19.44.050 as they apply to appeals before the city council, except that such appeal shall be a public hearing. The decision of the city council shall be final.

(Code 1969, § 15.16.070; Ord. No. 836, § 1(part), 2007)