A. Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in BIMC 15.16.030.B. The permit shall be for all structures including manufactured homes, as set forth in BIMC 15.16.020, and for all development including fill and other activities, also as set forth in BIMC 15.16.020.

B. Application for Development Permit. Application for a development permit shall be made on forms furnished by the city building official and may include but not be limited to: 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:

1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

2. Elevation in relation to mean sea level to which any structure has been floodproofed;

3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in BIMC 15.16.050.F.2;

4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;

5. Where a structure is proposed in a V, V1 – 30, or VE zone, a V zone design certificate;

6. Where development is proposed in a floodway, an engineering analysis indicating no rise of the base flood elevation; and

7. Any other such information that may be reasonably required by the floodplain administrator in order to review the application.

C. Designation of the Building Official. The city building official is 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 Building Official. Duties of the building official shall include, but not be limited to:

1. Permit Review.

a. Review all development permits to determine that the permit requirements of this chapter have been satisfied;

b. Review all development 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 development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the provisions of BIMC 15.16.050.G are met;

d. The proposed development is not located in the floodway. If located in the floodway, assure the encroachment provisions of BIMC 15.16.050 are met;

e. Notify FEMA when annexations occur in the special flood hazard area;

2. Uses of Other Base Flood Data. When base flood elevation data has not been provided in accordance with BIMC 15.16.030.B, the building official 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 BIMC 15.16.050.F, G and H;

3. Information to Be Obtained and Maintained.

a. Where base flood elevation data is provided through the flood insurance study 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;

b. For all new or substantially improved floodproofed structures:

i. Verify and record an actual elevation (in relation to mean sea level); and

ii. Maintain the floodproofing certifications required in subsection B.3 of this section;

c. Maintain for public inspection all records pertaining to the provisions of this chapter;

d. Documentation of the elevation of the bottom of the lowest horizontal structural member in V or VE zones;

e. Records of all variance actions, including justification for their issuance;

f. Improvement and damage calculations;

4. Alteration of Watercourses.

a. Prior to any alteration or relocation of a watercourse, the applicant shall obtain a hydraulic project approval (HPA) from the Washington State Department of Fish and Wildlife, notify adjacent communities and the Washington State Department of Ecology, and submit evidence of such notification and the HPA 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 (for example, 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 as provided in subsection E of this section;

6. Review of Building Permits. Where elevation data is not available, either through the FIS, FIRM, or from another authoritative source (subsection D.2 of this section), applications for floodplain development shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate habitable buildings at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.

E. Variance Procedure.

1. Appeal Board.

a. Pursuant to BIMC 2.16.100, the hearing examiner shall hear and decide appeals and requests for variances from the requirements of this chapter, and appeals alleging error in any requirement, decision, or determination made by the building official in the enforcement or administration of this chapter.

b. The decision of the hearing examiner shall be final unless, within 21 days after issuance, it is appealed in accordance with Chapter 36.70C RCW.

c. In passing upon such applications, the applicable city official or appeal entity shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

i. The danger that materials may be swept onto other lands to the injury of others;

ii. The danger to life and property due to flooding or erosion damage;

iii. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

iv. The importance of the services provided by the proposed facility to the community;

v. The necessity to the facility of a waterfront location, where applicable;

vi. The availability of alternative locations for the proposed uses which are not subject to flooding or erosion damage;

vii. The compatibility of the proposed use with existing and anticipated development;

viii. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

ix. The safety of access to the property in times of flood for ordinary and emergency vehicles;

x. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

xi. 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.

d. Upon consideration of the above factors and the purposes of this chapter, the applicable official or city entity may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

e. The building official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

2. Conditions for Variances.

a. 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 of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections E.1.c.i through E.1.c.xi of this section have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.

b. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places that 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 without regard to the procedures set forth in this section.

c. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

d. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

e. Variances shall only be issued upon:

i. A showing of good and sufficient cause;

ii. A determination that failure to grant the variance would result in exceptional hardship to the applicant;

iii. A determination that the granting of a variance will not result in increased expense, create nuisances, cause fraud on or victimization of the public as identified in subsection E.1.c of this section, or conflict with existing local laws or ordinances.

f. 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 elevations should be quite rare.

g. 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 subsection E.2.a of this section, and otherwise complies with BIMC 15.16.050.

h. Any applicant to whom a variance is granted shall be given written notice, signed by the building official, that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 2025-09 § 6, 2025; Ord. 2015-28 § 3, 2015; Ord. 2005-05 § 3, 2005; Ord. 2003-25 § 5, 2003; Ord. 90-15 §§ 3, 4, 1990; Ord. 88-22 § 2, 1988)