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(1) The provision of Chapter 25.195 PMC, Land Use Hearings by Examiner, shall apply in the event that an aggrieved person or persons alleges there is an error in any requirement, decisions, or determination made by the Building Inspector or Community and Economic Development Director in the enforcement administration of this title.

(2) In reviewing such appeals, the Hearing Examiner shall follow the procedures contained in Chapter 25.195 PMC and shall also consider all technical evaluations and relevant factors, all standards specified in other sections of this title, and the following additional criteria:

(a) The danger the 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 service 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 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 flood waters 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 facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(3) Upon consideration of the factors of subsection (2) of this section and the purposes of this title, the Hearing Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this title.

(4) The Community and Economic Development Director shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. [Ord. 4469A § 1, 2019; Ord. 4469 § 1, 2019; Ord. 2648 § 4, 1987; Code 1970 § 24.16.040.]