Sec. 5A-40. - Authority to act.
Sec. 5A-41. - Application fees for variances.
Sec. 5A-42. - Procedure for processing variances.
Sec. 5A-43. - Conditions for variances.
Sec. 5A-40. - Authority to act.
If practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this chapter would be caused by the strict interpretation and enforcement of this chapter, then the floodplain administrator shall have the authority to grant a variance from the provisions of this chapter if the variance is harmonious with the general purpose and intent of this chapter and if the public safety and welfare served.
(Ord. No. 474.1, 3-2-10)
Sec. 5A-41. - Application fees for variances.
The floodplain administrator shall grant a variance under the provisions of this article only after the filing of a written application by the owner of the real property affected or the owner's authorized agent and appropriate review. The floodplain administrator shall prescribe the form of application for such variances. At the time of filing the application, the applicant shall pay a fee, as set by resolution of the board of supervisors, to defray the expenses incidental to processing the application. No part of such fee shall be returned to an applicant who subsequently withdraws the application.
(Ord. No. 474.1, 3-2-10)
Sec. 5A-42. - Procedure for processing variances.
(a)
Before acting on a request for a variance, the floodplain administrator shall hold at least one public hearing. Notice of the public hearing shall be given by publishing, one time, a notice of public hearing setting forth the date, time and place of the hearing and the nature of the variance requested, in a newspaper of general circulation published in the county, not less than ten days prior to the date of such hearing, and by mailing a copy of the notice of said hearing, not less than ten days prior to the date of said hearing, to the following persons or agencies:
(1)
The applicant;
(2)
County public works director;
(3)
Supervisor of the supervisorial district in which the property is located;
(4)
State reclamation board;
(5)
Department of water resources;
(6)
All owners of real property, as shown on the latest equalized assessment roll, within 300 feet of the boundary of the real property which is the subject of the variance.
(b)
The decision of the floodplain administrator shall be in writing and shall include findings of facts relied on in making the decision.
(Ord. No. 474.1, 3-2-10)
Sec. 5A-43. - Conditions for variances.
(a)
Variances shall not be issued within any regulatory floodway if any increase in flood levels during the base flood discharge would result.
(b)
Variances shall be issued only upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(c)
In deciding variance applications, the floodplain 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 or 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 availability of alternative locations for the proposed uses that are not subject to flooding or erosion damage;
(6)
The compatibility of the proposed use with existing and anticipated development;
(7)
The relationship of the proposed use to the county general plan and the floodplain management program for that area;
(8)
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(9)
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
(10)
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.
(d)
Variances shall only be issued upon a finding that:
(1)
Good and sufficient cause exists for a variance;
(2)
The failure to grant the variance would result in exceptional hardship to the applicant; and
(3)
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 of the public, or conflict with existing local laws or 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 floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain administrator in the office of the Kings 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)
Variances may be issued 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.
(Ord. No. 474.1, 3-2-10)