Spokane Municipal Code

Title 17E Environmental Standards

Chapter 17E.030 Floodplain Management

Section 17E.030.090 Variance Procedure – Hearing Examiner

1. The hearing examiner shall hear and decide appeals and requests for variances from the requirements of this chapter.

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

3. Those aggrieved by the decision of the hearing examiner, or any taxpayer, may appeal such decisions to the Spokane County superior court, as provided in chapter 17G.061 SMC.

4. In passing upon such applications, the hearing examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

1. danger that materials may be swept onto other lands to the injury of others

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

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

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

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

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

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

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

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

10. 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;

11. 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;

12. cumulative impact of additional requests of like actions in the area; and

13. relationship of the proposed development to the shoreline master program policies and regulations as now or hereafter amended, and floodplain management for that area.

5. Upon consideration of the factors of subsection (D) of this section and the purposes of this chapter, the hearing examiner may attach such conditions to the granting of the variances as he/she deems necessary to further the purposes of this chapter.

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

Date Passed: Monday, October 25, 2021

Effective Date: Thursday, December 2, 2021

ORD C36118 Section 6