If practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this Chapter result through the strict interpretation and enforcement of this Chapter, then the Zoning Administrator shall have the authority to grant a variance from the provisions of this Chapter such as may be in harmony with its general purpose and intent, so that the spirit of this Chapter shall be observed, public safety and welfare served and substantial justice done.
(a)
The Zoning Administrator shall grant a variance under the provisions of this Article only upon the filing of a written application therefore by the owner of the real property affected or his or her authorized agent. The Resources Management Agency Director shall prescribe the form of application for such variances.
(b)
Unless otherwise provided, the Board of Supervisors shall adopt, from time to time by resolution, a schedule of fees to be paid by applicants with each application for a variance to defray the expenses incidental to the proceedings. No part of said fee shall be returned to the applicant if he or she subsequently withdraws the application, except in accordance with Section 130 of this Ordinance Code.
(c)
An additional fee in the amount of Ten Dollars ($10.00) shall be collected for each variance application to defray the expenses incidental to maintaining and enhancing the automated permit processing equipment and software utilized in the Planning and Development Department for processing of planning and building permits and certificates.
(d)
Unless otherwise provided herein, whenever there is a joint filing of multiple applications and the applicant consents to the consolidated processing of those applications, the applicable filing fees shall be reduced by twenty-five percent (25%). As used here in, the term "multiple applications" shall consist of two (2) or more applications for changes of zone, special use permits (including amendments thereto), variances, planned unit developments and planned developments, tentative subdivision maps, tentative parcel maps (including vesting maps), building line setback variances, flood variances, and surface mining permits and reclamation plans (including amendments thereto) which pertain to the same project.
(Amended by Ord. No. 3184, effective 6-7-97; Amended by Ord. No. 3262, effective 10-2-01)
(a)
Before acting on a variance the Zoning Administrator shall hold at least one (1) public hearing. Notice of such public hearing shall be given by publishing a notice of such hearing setting forth the time and place of the hearing and the nature of the variance requested, in a newspaper of general circulation published in the County, once, not less than ten (10) days prior to the date of such public hearing, and by mailing a copy of the notice of said hearing, not less than ten (10) days prior to the date of such public hearing, to the following persons or agencies:
(1)
The applicant.
(2)
County Flood Control Engineer.
(3)
County Public Works Director.
(4)
Supervisor of the Supervisorial District in which the property is located.
(5)
State Reclamation Board.
(6)
All owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property which is the subject of the variance.
(b)
The decision of the Zoning Administrator shall be in writing and shall include findings of facts relied on in making the decision.
(c)
A copy of the decision of the Zoning Administrator shall be publicly posted at or near the door of the Planning and Development Department for a period of one (1) week following the making thereof. Not more than two (2) days after making the decision on the application, the Zoning Administrator shall cause a copy of the decision to be mailed to the applicant, to the Board of Supervisors, and to any other person who has expressed an interest therein and has deposited with the Zoning Administrator a self addressed, stamped envelope for that purpose. Failure to mail or to receive such notice, as a result of mistake or inadvertence, shall not affect the validity of the decision.
(a)
In passing upon such applications, the Zoning Administrator shall consider all technical evaluations and all relevant factors and standards specified in this Chapter, and:
(1)
The danger that materials may be swept onto other lands to the injury of others.
(2)
The danger to life and property due to flooding or erosion damage.
(3)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(4)
The importance of the services provided by the proposed facility to the County.
(5)
The necessity to the facility of a waterfront location, where applicable.
(6)
The availability of alternative locations for the proposed uses that are not subject to flooding or erosion damage.
(7)
The compatibility of the proposed use with existing and anticipated development.
(8)
The relationship of the proposed use to the County General Plan and the floodplain management program for that area.
(9)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10)
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
(11)
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, and streets and bridges.
(b)
Any applicant to whom a variance is granted shall be given written notice over the signature of the Zoning Administrator that:
(Amended by Ord. No. 3212, effective 10-29-98)
No variance which is subject to the provisions of section 8414.2 of the California Water Code shall be approved without the prior written consent of the Department of Water Resources or State Reclamation Board and of the Engineer for the County Flood Control District.
Generally, variances may be approved for new construction and substantial improvements 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, provided the factors set forth in section 7-27-1280 have been fully considered. As the lot size increases beyond one half acre, the technical justification required for issuing the variance increases.
Upon consideration of the factors set forth in section 7-27-1280 and the purposes of this Chapter, the Zoning Administrator may attach such conditions to the granting of variances as he or she deems necessary to further the purpose of this Chapter.
(a)
Variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(b)
Variances shall not be granted within any floodway if any increase in flood levels during the base flood discharge would result.
(c)
Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d)
Variances shall only be granted upon:
(1)
A showing of good and sufficient cause such as renovation, rehabilitation, or reconstruction. Variances for reasons of economic considerations, aesthetics, or because variances have been used in past shall not be considered good and sufficient cause.
(2)
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
(3)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization to the public, or conflict with existing County ordinances.
(e)
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest flood elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation.
Notwithstanding the provisions of section 7-27-1265, no variance shall be required under this Article if the proposed construction or substantial improvements have been approved in accordance with the use permit requirements set forth in section 14.7 of the County Zoning Ordinance (Ordinance No. 352, as amended).
Any variance which is granted subject to conditions may be revoked by the Zoning Administrator if any of the conditions are violated. The same procedures shall be followed for revocation of a variance as are followed for granting a variance, including the appeal procedures, except that notice of the public hearing by the Zoning Administrator on revocation need not be published in a newspaper.
(a)
Except as herein provided, all appeals regarding decisions on variances shall be subject to the provisions of section 165 of this Ordinance Code.
(b)
Any person adversely affected by a decision of the Zoning Administrator on the variance may appeal the decision to the Board of Supervisors. An appeal to the Board of Supervisors shall be in writing and filed with the Clerk of the Board of Supervisors within ten (10) days after the date on which the decision of the Zoning Administrator was made. An appeal shall specifically set forth the grounds for the appeal. In addition to the notice requirement of section 165 of this Ordinance Code, the Board shall give notice of the appeal hearing to the persons and agencies named in section 7-27-1275 of this Article for giving notice by the Zoning Administrator.
(c)
At the time of filing the appeal, the appellant shall pay a fee of One Hundred and Fifty Dollars ($150) to the Planning and Development Director to defray the expenses incidental to the proceedings.
The Planning and Development Director as Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance and any appeal actions, and report any variances issued in its biennial report submitted to the Federal Insurance Administration of the Federal Emergency Management Agency.
(Amended by Ord. No. 3212, effective 10-29-98)