The variance criteria set forth in this section of this title
are based on the general principle of zoning law 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 of West Sacramento 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 are 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. 94-11 § 2)
A. In
passing upon requests for variances, the floodplain administrator
shall consider all technical evaluations, all relevant factors, standards
specified in other sections 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. Any
applicant to whom a variance is granted shall be given written notice
over the signature of the floodplain administrator that:
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 Yolo County recorder
and shall be recorded in a manner so that it appears in the chain
of title of the affected parcel of land.
C. 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 Insurance Administration,
Federal Emergency Management Agency.
(Ord. 94-11 § 2; Ord. 09-17 § 2)