The issuance of a variance is for floodplain management purposes
only. Insurance premium rates are determined by statute according
to actuarial risk and will not be modified by the granting of a variance.
The variance criteria set forth in this chapter are based on
the general principle of zoning laws that variances pertain to a piece
of property and are not personal in nature. A variance may be granted
for a parcel of property with physical characteristics so unusual
that complying with the requirements of this title would create an
exceptional hardship to the applicant or the surrounding property
owners. The characteristics must be unique to the property and not
be shared by adjacent parcels. The unique characteristic must pertain
to the land itself, not to the structure, its inhabitants, or the
property owners.
It is the duty of the city council to help protect its citizens
from flooding. This need is so compelling and the implications of
the cost of insuring a structure built below flood level is so serious
that variances from the flood elevation or from other requirements
in this title are quite rare. The long-term goal of preventing and
reducing flood loss and damage can only be met if variances are strictly
limited. Therefore, the variance guidelines provided in this title
are more detailed and contain multiple provisions that must be met
before a variance can be properly granted. The criteria are designed
to screen out those situations in which alternatives other than a
variance are more appropriate.
(Ord. 967 § 2, 2009)
A.
Generally, variances may be issued for new construction, substantial improvement, and other proposed new development 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 that the procedures of Chapters 11.10 and 11.12 of this title have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Chapter 11.06 of this title) 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 any mapped regulatory 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. "Minimum necessary" means to afford relief with
a minimum of deviation from the requirements of this title. For example,
in the case of variances to an elevation requirement, this means the
city council need not grant permission for the applicant to build
at grade, or even to whatever elevation the applicant proposes, but
only to that elevation which the city council believes will both provide
relief and preserve the integrity of the local ordinance.
E.
Variances
shall only be issued upon:
1.
The
issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up
to amounts as high as twenty-five dollars for one hundred dollars
of insurance coverage; and
2.
Such
construction below the base flood level increases risks to life and
property. It is recommended that a copy of the notice shall be recorded
by the floodplain administrator in the office of the Orange County
recorder and shall be recorded in a manner so that it appears in the
chain of title of the affected parcel of land.
F.
The
floodplain administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances
issued in its biennial report submitted to the Federal Emergency Management
Agency.
(Ord. 967 § 2, 2009)
A.
In
passing upon requests for variances, the city council shall consider
all technical evaluations, all relevant factors, standards specified
in other chapters of this title, and the:
1.
Danger
that materials may be swept onto other lands to the injury of others;
2.
Danger
of 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 existing individual owner and future
owners of the property;
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 time of flood for ordinary and emergency
vehicles;
10.
Expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and
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 system, and streets and
bridges.
B.
Variances
shall only be issued upon:
1.
Showing
of good and sufficient cause;
2.
Determination
that failure to grant the variance would result in exceptional "hardship"
to the applicant; and
3.
Determination
that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public
expense, create a nuisance (see "Public safety and nuisance"),
cause "fraud and victimization" of the public, or conflict
with existing local laws or ordinances.
C.
Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections A through D are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
D.
Upon consideration of the factors of Section 11.14.020(A) and the purposes of this title, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this title.
(Ord. 967 § 2, 2009)
