Part 6 — Variance Procedure

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. Though these standards vary from jurisdiction to jurisdiction, in general, a properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance 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 the structure, its inhabitants, or the property owners.

It is the duty of the board of supervisors 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 article are quite rare. Therefore, the variance guidelines provided in this article 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.

(Prior code § 4.1360.10)

• A. Notwithstanding Section 15.52.230, the board of supervisors of Placer County shall hear and decide appeals and requests for variances from the requirements of this ordinance. Hearing procedure shall be that set forth in Chapter 30, Section 1406, Placer County Code.

• B. The board of supervisors shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this article.

• C. In passing upon such applications, the board of supervisors shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:

  1. The danger that materials may be swept onto other lands to the injury of others;

  2. The danger of 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 and future owners of the property;

  4. The importance of the services provided by the proposed facility to the community;

  5. The necessity to the facility of a waterfront location, where applicable;

  6. The availability of alternative locations for the proposed use which 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 any comprehensive plan and floodplain

Downloaded from https://ecode360.com/PL4987 on 2026-07-06

Placer County, CA § 15.52.260

PLACER COUNTY CODE

9. The safety of access to the property in time of flood for ordinary and emergency vehicles;

   10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwater expected at the site; and

   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 system, and street and bridges.

• D. Any applicant to whom a variance is granted shall be given written notice over the signature of the chairperson of the board of supervisors 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 $25 for $100 of insurance coverage; and

  2. Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the board of supervisors in the office of the Placer County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

• E. 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.

(Prior code § 4.1360.20)

• 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 Parts 4 and 5 of this article 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 Part 2) upon a determination that the proposed repair 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.

• C. Variances shall not be issued within any designated 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," as defined in Part 2 considering the flood hazard, to afford relief.

• E. Variances shall only be issued upon:

  1. A showing of good and sufficient cause;

Downloaded from https://ecode360.com/PL4987 on 2026-07-06

Placer County, CA

BUILDING AND DEVELOPMENT

§ 15.52.270

§ 15.52.270

2. A determination that failure to grant the variance would result in exceptional "hardship" (as defined in Part 2) to the applicant; and

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" (as defined in Part 2), cause fraud or victimization (as defined in Part 2) of the public, or conflict with existing local laws or ordinances.

• F. A variance to the cumulative damages provision of Section 15.52.050, definitions of "substantial damage" and "substantial improvement" may be granted by the Placer County board of supervisors provided a variance from these sections is formally requested from an applicant.

• G. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally depending use provided that the provisions of subsections A through E of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

• H. Upon consideration of the factors of Section 15.52.260(C) and the purposes of this article, the board of supervisors may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

• (Prior code § 4.1360.30; Ord. 6012-B § 1, 2020)

Downloaded from https://ecode360.com/PL4987 on 2026-07-06

Placer County, CA