Division 5 — FLOOD HAZARD VARIANCE PROCEDURES

FLOOD HAZARD VARIANCE PROCEDURES

a. The Planning Commission shall hear and decide appeals and requests for flood hazard variances from the requirements of this section.

b. The Planning Commission shall hear and decide appeals when it is alleged there is an error in a requirement, decision or determination made by the Development Services Director in the enforcement or administration of this section.

• c. The decision of the Planning Commission may be appealed to the Town Council.

• d. The time and manner for taking an appeal is as provided in Section 30-7. (Ord. #133, §8-4241; Ord. #2002-02,

§2)

In considering an application for a flood hazard variance under this section, the reviewing body shall consider all the technical evaluations, all relevant factors, standards specified in other sections of the Municipal Code, and:

• 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 individual owner;

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

• e. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

• f. The compatibility of the proposed use with existing and anticipated development;

g. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

• h. The safety of access to the property in times of flood for ordinary and emergency vehicles;

i. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

j. 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; and

• k. The necessity to the facility of a waterfront location, where applicable. (Ord. #133, §8-4242; Ord. #2002-02, §2)

a. A flood hazard variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in subsection 32-117.42 have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

b. Upon consideration of the factors of subsection 32-117.42 and the purposes of this section, the Planning Commission may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this section.

c. The Director of Development Services shall maintain the records of appeal actions and report any flood hazard variances to the Federal Insurance Administration upon request. (Ord. #133, §8-4243; Ord. #2002-02, §2)

a. A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure 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 subsection.

b. A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

c. A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to afford relief. (Ord. #133, §8-4244; Ord. #2002-02, §2)

• a. A flood hazard variance shall only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the flood hazard variance would result in exceptional hardship to the applicant; and

3. A determination that the granting of a flood hazard variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.

b. Flood hazard 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 this subsection and subsection 32-117.44 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. (Ord. #133, §8-4245; Ord. #2002-02, §2)

a. An applicant to whom a flood hazard variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

b. A copy of the notice shall be recorded by the Town Clerk in the office of the Contra Costa County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. #133, §8-4246; Ord. #2002-02, §2)

32-118— 32-121 RESERVED.