Contra Costa County Municipal Code Art. 82-28.12 Variance Procedure

The variance criteria set forth in this article are based on the general principle of zoning law 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 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 to the structure, its inhabitants or the property owners.

It is the duty of the county 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 the flood ordinance are quite rare. (The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in the ordinance 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).

(Ords. 2000-33, 99-35, 96-11).

(1) The zoning administrator of Contra Costa County shall hear and decide appeals and requests for variances from the requirements of this ordinance.

(2) The zoning administrator 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 ordinance.

(3) In passing upon such applications, the zoning administrator shall consider all technical evaluations, all relevant factors and standards as specified in this ordinance, and all other relevant factors including, but not limited to the following:

(a) The danger that materials may be swept onto other lands to the injury of others;

(b) The danger to life and property due to flooding or erosion damage;

(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the owner and future owners of the property and the community;

(d) The importance of the services provided by the proposed facility to the community, where applicable;

(e) The necessity to the facility of a waterfront location, where applicable;

(f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(g) The compatibility of the proposed use with existing and anticipated development;

(h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(i) The safety of access to the property in time of flood for ordinary and emergency vehicles;

(j) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and

(k) 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, water systems, streets and bridges.

(4) Generally, variances may be issued 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 Section 82-28.1202(3) factors have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance will increase.

(5) Upon consideration of the factors of Section 82-28.1202(3) and the purposes of this ordinance, the zoning administrator may attach such conditions to the granting of variances as deemed necessary to further the purposes of this ordinance.

(6) Appeals from zoning administrator decisions may be made in the time and manner provided in Contra Costa County Ordinance Code Article 26-2.24 to the planning commission and board of supervisors upon payment of prescribed fees.

(7) The floodplain administrator shall maintain the records of all appeal actions and report any variances granted to the FIA upon request.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

(1) Variances may be issued for the reconstruction, rehabilitation or restoration of "historic structures" upon a determination that the proposed restoration or rehabilitation will not preclude the structures continued designation as an historic structure and the minimum necessary variance is to preserve the historic character and design of the structure without regard to the procedures set forth in the remainder of this section.

(2) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4) Variances shall only be issued upon:

(a) A showing of good and sufficient cause;

(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(c) 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 of the public or conflict with existing local laws or ordinances.

(5) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Section 82-28.1204(1) - (4) 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.

(6) Any applicant to whom a variance is granted shall be given written notice over the signature of the floodplain administrator that:

(a) The issuance of a variance to construct a structure below the base flood level will result in significantly increased premium rates for flood insurance. Insurance premiums as high as $25.00 for $100.00 of insurance coverage are possible; and

(b) Such construction below the base flood level increases risks to life and property. It is required that a copy of the notice shall be recorded by the floodplain administrator in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).