14.22.110 - Establishment of development permit.

(a)

Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 14.22.060. The permit shall be for all structures including manufactured homes, and for all development including fill and other activities, as set forth in the "Definitions." If no other county permit is required, a development permit shall be required.

(b)

Application for Development Permit. Application for a development permit shall be made on forms furnished by Mason County, which can be obtained from the Mason County department of community development. Application materials may include but not be limited to plans in triplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question and 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 new or substantially improved 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 Section 14.22.160(2); and

(4)

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

(Ord. 87-08 Attach. A (part), § 4.1, 2008: Ord. 81-07, Attach. A, § 4.1, 2007: Ord. 9-03, Attach. B8, § 4.1, 2003: Ord. 10-02, Attach. B, § 4.1, 2002: Ord. 16-00, Attach. B, § 4.1, 2000: Ord. 59-91, § 4.1, 1991).

14.22.120 - Designation of the administrator.

The administrator is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with ordinance provisions. The administrator may consult with other departments and/or agencies with expertise to assist in permitting decisions.

(Ord. 87-08 Attach. A (part), § 4.2, 2008: Ord. 81-07, Attach. A, § 4.2, 2007: Ord. 9-03, Attach. B8, § 4.2, 2003: Ord. 10-02, Attach. B, § 4.2, 2002: Ord. 16-00, Attach. B, § 4.2, 2000: Ord. 59-91, § 4.2, 1991).

14.22.130 - Duties and responsibilities of the administrator.

Duties of the administrator 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, or special flood risk zone as defined in Section 14.22.040. If located in the floodway, assure that the provisions of Section 14.22.180 are met. If located in a special flood risk zone, assure that the provisions of Section 14.22.190 are met.

(D)

Review applications for emergency permits. An emergency shall be defined as set forth in WAC 173.27.040 (2)d, which includes the following language:

"Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this Ordinance. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be an appropriate means to address the emergency situation, upon abatement of the emergency situation, the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to Chapter 90.58 RCW of these regulations or the local master program, shall be obtained."

(2)

Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 14.22.060, Basis for establishing the areas of special flood hazard, the 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 Sections 14.22.160, Specific standards, 14.22.180 Floodways, and 14.22.190 Special flood risk zone.

(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 (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 the actual elevation (in relation to mean sea level) to which the structure was flood-proofed, and

(ii)

Maintain the floodproofing certifications required in Section 14.22.110(b)(3).

(c)

Maintain for public inspection all records pertaining to these ordinance provisions.

(4)

Alteration of Watercourses.

(A)

Notify adjacent communities and property owners, and the Washington State Department of Ecology and Washington State Department of Fish and Wildlife, 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 (for example, where there appears to be 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 by Section 14.22.140. However, if it is clear from examining the FIRM map that the subject property or development is located within the area of special flood hazard, the person contesting the location of the boundary shall apply to FEMA for a map amendment.

(Ord. 87-08 Attach. A (part), § 4.3, 2008: Ord. 81-07, Attach. A, § 4.3, 2007: Ord. 9-03, Attach. B8, § 4.3, 2003: Ord. 10-02, Attach. B, § 4.3, 2002: Ord. 16-00, Attach. B, § 4.3, 2000: Ord. 59-91, § 4.3, 1991).

14.22.140 - Variance procedure and reasonable use exception.

(a)

Appeal Board.

(1)

The hearing examiner shall act as the board of appeals to hear and decide appeals and requests for variances from the requirements of this chapter, as provided by Title 15, Mason County Code.

(2)

The board of appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the administrator in the enforcement or administration of this chapter.

(3)

Those aggrieved by the decision of the board of appeals, or any taxpayer, may appeal such decision to the Superior Court, as provided in Chapter 36.70 RCW.

(4)

In passing upon such applications, the board of appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and

(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 that 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 floodwaters 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, water systems, streets and bridges.

(L)

The potential impacts to fish and riparian habitat, as provided for within the fish and wildlife habitat conservation areas chapter of the resource ordinance.

(5)

Upon consideration of the factors of subsection (a)(4) and the purposes of this chapter, the board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6)

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

(b)

Conditions of 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 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 (a)(4)(A) through (a)(4)(L) of this section have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.

(2)

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, without regard to the procedures set forth in this section.

(3)

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

(4)

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

(5)

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 as identified in subsection (a)(4) of this section, or conflict with existing local laws or ordinances.

(6)

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. Variances shall not be granted for residential or commercial construction in floodways designated by this chapter.

(7)

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, complies with all other variance criteria except subsection (b)(1) of this section, and otherwise complies with Sections 14.22.150(1) and (2) of the general standards.

(8)

Any applicant to whom a variance is granted shall be given written notice 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.

(c)

Reasonable Use Exception. Nothing in this chapter is intended to preclude all reasonable use of property. An applicant for a development proposal may file a request for a reasonable use exception which shall be considered by hearing examiner at a public hearing. The reasonable use exception is not intended to allow residential development in designated floodways.

(1)

The hearing examiner may allow a use which is consistent with the general purposes of this chapter and the public interest provided it meets the following criteria:

(A)

There is no other reasonable use or feasible alternative to the proposed development with less impact on flood levels, critical areas, or resource lands; and

(B)

The proposed development does not pose a threat to the public health, safety or welfare on or off the site; and

(C)

The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant in creating the undevelopable condition after the effective date of the ordinance codified in this chapter; and

(D)

The proposal is the minimum necessary while still allowing reasonable use of the site.

(2)

Applications shall include the following information:

(A)

A description of the areas of the site which are critical areas and/or resource lands or within setbacks required under the Mason County resource ordinance;

(B)

A description of the amount of the site which is within setbacks required by other county standards;

(C)

A description of the proposed development, including a site plan and topographic contour information adequate to determine flood depths on the site and property;

(D)

An analysis of the impact that the amount of development would have on the resource lands or critical areas;

(E)

An analysis of whether any other reasonable use with less impact on the resource lands or critical areas is possible;

(F)

A design of the proposal so that the amount of development proposed as reasonable use will have the least impact practicable on the resource lands and/or critical areas;

(G)

An economic analysis establishing the respective present values of development allowed under these regulations without the reasonable use exception and with the requested exception or alternative exceptions;

(H)

Other information as the administrator determines is reasonably necessary to evaluate the issue of reasonable use as it relates to the proposed development.

(3)

Application Process and Review.

(A)

The application shall be submitted to the administrator along with fees established by ordinance for reasonable use exceptions.

(B)

Public notice shall be as provided in Title 15 for public hearings.

(C)

The administrator shall prepare an analysis of the merits of the request and make recommendations to the board of commissioners.

(4)

Except when application from this chapter would deny all reasonable use of a site, an applicant who seeks an exception from the regulations of this chapter shall pursue a variance as provided in this section.

(5)

The administrator shall maintain the records of all reasonable use exceptions granted and report them to the Federal Insurance Administration upon request.

(Ord. 87-08 Attach. A (part), § 4.4, 2008: Ord. 81-07, Attach. A, § 4.4, 2007: Ord. 9-03, Attach. B8, § 4.4, 2003: Ord. 10-02, Attach. B, § 4.4, 2002: Ord. 16-00, Attach. B, § 4.4, 2000: Ord. 59-91, § 4.4, 1991).