16.46.040 Administration | Lynnwood Municipal Code

16.46.040 Administration.

1. Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in LMC 16.46.030(B). The permit shall be for all structures including manufactured homes, as set forth in LMC 16.46.020, Definitions, and for all development including fill and other activities, also as set forth in LMC 16.46.020, Definitions.

2. Application for Development Permit. Application for a development permit shall be made on forms furnished by the city of Lynnwood 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 or materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

a. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

b. Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

c. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in LMC 16.46.050(B)(2); and

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

B. Designation of the Public Works Director. The city director of public works or his designee is hereby appointed to administer, implement and enforce this legislation by granting or denying development permit applications in accordance with its provisions.

C. Duties and Responsibilities of the Public Works Director. Duties of the director of public works shall include, but not be limited to:

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 the site is reasonably safe from flooding;

d. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of LMC 16.46.050(C)(1) are met.

2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with LMC 16.46.030(B), Basis for Establishing the Areas of Special Flood Hazard, the public works director 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 LMC 16.46.050(B), Specific Standards, and 16.46.050(C), Floodways.

a. Obtain and maintain the actual (as-built) elevation 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 to which the structure was floodproofed;

ii. Maintain the floodproofing certifications required in subsection (A)(2)(c) of this section; and

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

a. Notify adjacent communities and the Washington State Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator;

b. Assure that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.

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 (D) of this section.

6. Base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the floodplain administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

7. Notify the Federal Insurance Administrator in writing of acquisition, by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.

1. Appeal Board. The mayor shall appoint members to the three-member appeal board as needed. Members shall have the educational and mechanical background and experience to hear and determine appeals arising from this legislation.

a. The appeal board shall hear and decide appeals and requests for variances from the requirements of this legislation;

b. The appeal board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the director of public works in the enforcement of this legislation;

c. Those aggrieved by the decision of the appeal board may appeal such decision to the Snohomish County superior court as provided by law;

d. In passing upon such applications, the appeal board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this legislation; 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 use 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 flood waters and the effects of wave action, if applicable, expected at the site;

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;

e. Generally, the only condition under which a variance 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 items in subsections (D)(1)(d)(i) through (xi) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases;

f. Upon consideration of the factors of subsection (D)(1)(d) of this section and the purposes of this legislation, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this legislation;

g. The director of public works shall maintain the records of the appeal actions and report any variances to the Federal Insurance Administration upon request.

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 items in subsections (D)(1)(d)(i) through (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 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 variance is the minimum necessary to preserve the historic character and design of the structure;

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. Variance 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 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;

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 (D)(2)(a) of this section, and otherwise complies with LMC 16.46.050(A) and (B);

h. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that the issuance of a variance to construct a structure with a lowest floor elevation 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 that such construction below the BFE increases risks to life and property. (Ord. 3370 § 2, 2020; Ord. 3285 § 2, 2018; Ord. 2274 § 3, 1999; Ord. 1701 § 3 – 7, 1989; Ord. 1462 § 4, 1985)