The variance criteria set forth in this section 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 chapter 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 are so serious
that variances from the flood elevation or from other requirements
in the flood ordinance 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
chapter 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. 770, 2001)
A. In
passing upon requests for variances, the city council 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 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 floodwaters 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 a community official 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 Riverside 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
or Federal Emergency Management Agency.
(Ord. 388, 1987; Ord. 770, 2001)
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 Articles III and IV of this chapter 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 Section
15.28.050) upon a determination that the proposed repair or rehabilitation will not preclude the structures continued designation as an 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 chapter. 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 a:
1. Showing
of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional hardship (as defined in Section
15.28.050) 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 (as defined in Section
15.28.050 — see public safety and nuisance), cause fraud or victimization (as defined in Section
15.28.050) of the public, or conflict with existing local laws or ordinances.
F. 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 Sections
15.28.270(A) through
15.28.270(E) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and do not result in additional threats to public safety and do not create a public nuisance.
G. Upon consideration of the factors of Section
15.28.260(A) and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(Ord. 388, 1987; Ord. 770, 2001)