The Board of Supervisors shall hear and decide requests for
variances from the strict application of these regulations.
(Ord. CS 1301 §2, 2021)
The Board of Supervisors shall base its determination on technical
justifications submitted by applicants, the considerations and conditions
set forth in this article, the comments and recommendations of the
Floodplain Administrator and Building Official, as applicable, and
has the right to attach such conditions to variances as it deems necessary
to further the purposes and objectives of these regulations and the
building code.
(Ord. CS 1301 §2, 2021)
The Floodplain Administrator shall maintain a permanent record
of all variance actions, including justification for issuance.
(Ord. CS 1301 §2, 2021)
A variance is authorized to be issued for the repair, improvement,
or rehabilitation of a historic structure upon a determination that
the proposed repair, improvement, 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. When the proposed work precludes the
structure's continued designation as a historic building, a variance
shall not be granted and the structure and any repair, improvement,
and rehabilitation shall be subject to the requirements of the building
code.
(Ord. CS 1301 §2, 2021)
A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analyses required in Section
16.50.430(A) of these regulations.
(Ord. CS 1301 §2, 2021)
A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the criteria in Section 1612 of the building code (
CCR Title
24 Part 2) or Section R322 of the residential code (
CCR Title
24 Part 2.5) are met, as applicable, and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damages during the base flood and create no additional threats to public safety.
(Ord. CS 1301 §2, 2021)
In reviewing applications for variances, all technical evaluations,
all relevant factors, all other requirements of these regulations
and the building code, as applicable, and the following shall be considered:
A. The
danger that materials and debris may be swept onto other lands resulting
in further injury or damage.
B. The
danger to life and property due to flooding or erosion damage.
C. The
susceptibility of the proposed development, including contents, to
flood damage and the effect of such damage on current and future owners.
D. The
importance of the services provided by the proposed development to
the community.
E. The
availability of alternate locations for the proposed development that
are not subject to flooding or erosion and the necessity of a waterfront
location, where applicable.
F. The
compatibility of the proposed development with existing and anticipated
development.
G. The
relationship of the proposed development to the comprehensive plan
and floodplain management program for that area.
H. The
safety of access to the property in times of flood for ordinary and
emergency vehicles.
I. The
expected heights, velocity, duration, rate of rise and debris and
sediment transport of the floodwater and the effects of wave action,
if applicable, expected at the site.
J. 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, streets and bridges.
(Ord. CS 1301 §2, 2021)
Variances shall only be issued upon:
A. Submission
by the applicant of a showing of good and sufficient cause that the
unique characteristics of the size, configuration or topography of
the site limit compliance with any provision of these regulations
or renders the elevation standards of the building code inappropriate.
B. A determination
that failure to grant the variance would result in exceptional hardship
due to the physical characteristics of the land that render the lot
undevelopable.
C. A determination
that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public
expense, nor create nuisances, cause fraud on or victimization of
the public or future property owners, or conflict with existing local
laws or ordinances.
D. A determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
E. When
the request is to allow construction of the lowest floor of a new
building or substantial improvement of a building below the base flood
elevation, notification to the applicant in writing over the signature
of the Floodplain Administrator specifying the difference between
the base flood elevation and the proposed elevation of the lowest
floor, stating that issuance of a variance to construct below the
elevation required in the building code will result in increased premium
rates for federal flood insurance up to amounts as high as twenty-five
dollars for one hundred dollars of insurance coverage, and that such
construction below the required elevation increases risks to life
and property.
(Ord. CS 1301 §2, 2021)