Big Bear Lake Municipal Code Art. IV Appeal and Variance Procedure

The variance criteria set forth in this section of the chapter are based on the general principle of zoning laws 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. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

(Ord. 2002-324 § 1(part), 2002)

A. The planning commission of the city of Big Bear Lake shall hear and decide appeals and requests for variances from the requirements of this chapter. Any decision by the planning commission on any such matter may be appealed to the city council, whose decision on the matter shall be final.

B. The reviewing authority 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 chapter, upon receipt of an appeal by the engineering division and the required fee as established by city council resolution.

C. In reviewing applications for appeals and variances, the reviewing authority shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the following criteria:

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 existing 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 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 comprehensive plan and floodplain management program for that area;

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 flood waters 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 streets and bridges.

D. 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.

(Ord. 2002-324 § 1(part), 2002)

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 II and III 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 Article I of this chapter) 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 Article I of this chapter), considering the flood hazard, to afford relief.

E. Variances shall be issued upon the determination by the reviewing authority of all the following:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the variance would result in exceptional "hardship" (as defined in Article I of this chapter) 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 Article I of this chapter), cause "fraud or victimization" (as defined in Article I of this chapter) of the public, or conflict with existing local laws or chapters.

F. Variances may be issued for new construction, substantial improvements and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 15.64.270 (A) through (E) 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.

G. Upon consideration of the factors of Section 15.64.260 (C), and the purposes of this chapter, the reviewing authority may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

H. Any applicant to whom a variance is granted shall be given written notice over the signature of the city engineer 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 ($25.00) for one hundred dollars ($100.00) 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 floodplain board in the office of the San Bernardino County Recorder and shall be recorded in a manner so that it appears in the chain of title of the effected parcel of land.

(Ord. 2002-324 § 1(part), 2002)