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Chapter 153 — FLOOD HAZARD AREA REGULATIONS

§ 153.025 CONDITIONS FOR VARIANCES.

Eureka Zoning Code · 2026-06 edition · updated 2026-07-25 · Eureka

(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 the Administration and Provisions for Flood hazard Reduction sections 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 § 153.005) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an 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 mapped regulatory 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 considering the flood hazard, to afford relief. MINIMUM NECESSARY means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the Planning Commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Planning Commission believes will both provide relief and preserve the integrity of the local ordinance.

(E) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official 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; 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 Administrator in the office of the Humboldt 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) 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 Emergency Management Agency. (Ord. 767-C.S., passed 4-19-11)

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▸ Contents — Eureka Zoning Code
Eureka Zoning Code
  1. Article I — NAME AND SEAL; FORM OF GOVERNMENT; BOUNDARIES; MUN…
  2. Article II — ELECTIONS
  3. Article III — CITY COUNCIL
  4. Article IV — MAYOR
  5. Article V — ORDINANCES
  6. Article VI — ADMINISTRATION
  7. Article VII — FISCAL ADMINISTRATION
  8. Article VIII — OFFICERS AND EMPLOYEES
  9. Article IX — FRANCHISES
  10. Article X — INITIATIVE, REFERENDUM AND RECALL
  11. Article XI — MISCELLANEOUS PROVISIONS
  12. Chapter 10 — GENERAL PROVISIONS
  13. Chapter 30 — CITY COUNCIL
  14. Chapter 31 — CITY OFFICIALS
  15. Chapter 32 — CITY DEPARTMENTS
  16. Chapter 33 — BOARDS, COMMISSIONS, AND COMMITTEES
  17. Chapter 34 — PERSONNEL POLICIES
  18. Chapter 35 — FINANCE, REVENUE AND TAXATION
  19. Chapter 36 — HEALTH FACILITY REVENUE BONDS
  20. Chapter 37 — ELECTIONS
  21. Chapter 38 — CIVIL EMERGENCIES
  22. Chapter 39 — CITY POLICY
  23. Chapter 40 — TRANSFERS OF CITY-OWNED REAL PROPERTY
  24. Chapter 50 — SEWERS
  25. Chapter 51 — SOLID WASTE
  26. Chapter 52 — UNDERGROUND UTILITY DISTRICTS
  27. Chapter 53 — WATER
  28. Chapter 54 — STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONT…
  29. Chapter 55 — ENERGY
  30. Chapter 56 — STREETS
  31. Chapter 70 — GENERAL PROVISIONS
  32. Chapter 71 — TRAFFIC RULES
  33. Chapter 72 — STOPPING, STANDING AND PARKING
  34. Chapter 73 — BICYCLES
  35. Chapter 75 — MOBILE VENDORS OPERATING UPON A STREET
  36. Chapter 90 — ABANDONED VEHICLES
  37. Chapter 91 — ANIMALS
  38. Chapter 92 — FIRE PREVENTION
  39. Chapter 93 — PARKS AND RECREATION
  40. Chapter 94 — HEALTH AND SANITATION
  41. Chapter 95 — MUNICIPAL AIRPORT
  42. Chapter 96 — PARADES AND ASSEMBLIES
  43. Chapter 97 — SMOKING
  44. Chapter 98 — STREETS AND SIDEWALKS
  45. Chapter 99 — TRAINS AND RAILROADS
  46. Chapter 100 — HARBOR REGULATIONS
  47. Chapter 101 — FILMING
  48. Chapter 102 — BEEKEEPING
  49. Chapter 103 — PRIVATE SECURITY AND FIRE ALARM SYSTEMS
  50. Chapter 104 — MILITARY EQUIPMENT USE
  51. Chapter 110 — BUSINESS LICENSES
  52. Chapter 112 — AMBULANCES
  53. Chapter 113 — AMUSEMENTS
  54. Chapter 114 — CABLE TELEVISION SYSTEMS
  55. Chapter 115 — FOOD ESTABLISHMENTS AND OUTDOOR DINING AREAS
  56. Chapter 117 — MASSAGE PARLORS
  57. Chapter 118 — SOLICITORS, CANVASSERS, AND SIDEWALK VENDORS
  58. Chapter 119 — SECOND-HAND DEALERS
  59. Chapter 120 — TAXICABS AND LIMOUSINES
  60. Chapter 121 — OTHER VEHICLES FOR HIRE
  61. Chapter 122 — FOREIGN-TRADE ZONE
  62. Chapter 130 — OFFENSES AGAINST PUBLIC PEACE AND SAFETY
  63. Chapter 131 — PROPERTY OFFENSES
  64. Chapter 132 — DRUG OFFENSES
  65. Chapter 133 — WEAPONS OFFENSES
  66. Chapter 134 — ABATEMENT OF CHRONIC NUISANCE PROPERTIES
  67. Chapter 150 — BUILDING REGULATIONS
  68. Chapter 151 — AIRPORT ZONING
  69. Chapter 152 — PLANNING AND ZONING ADMINISTRATION
  70. ▸ Chapter 153 — FLOOD HAZARD AREA REGULATIONS
    Overview
    1. § 153.001 STATUTORY AUTHORIZATION.
    2. § 153.002 FINDINGS OF FACT.
    3. § 153.003 STATEMENT OF PURPOSE.
    4. § 153.004 METHODS OF REDUCING FLOOD LOSSES.
    5. § 153.005 DEFINITIONS.
    6. § 153.006 LANDS TO WHICH THIS CHAPTER APPLIES.
    7. § 153.007 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HA…
    8. § 153.008 COMPLIANCE.
    9. § 153.009 ABROGATION AND GREATER RESTRICTIONS.
    10. § 153.010 INTERPRETATION.
    11. § 153.011 WARNING AND DISCLAIMER OF LIABILITY.
    12. § 153.012 SEVERABILITY.
    13. § 153.013 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
    14. § 153.014 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINI…
    15. § 153.015 DEVELOPMENT PERMIT.
    16. § 153.016 APPEALS.
    17. § 153.017 STANDARDS OF CONSTRUCTION.
    18. § 153.018 STANDARDS FOR UTILITIES.
    19. § 153.019 STANDARDS FOR SUBDIVISIONS AND OTHER PROPOSED DEVELO…
    20. § 153.020 STANDARDS FOR MANUFACTURED HOMES.
    21. § 153.021 STANDARDS FOR RECREATIONAL VEHICLES.
    22. § 153.022 FLOODWAYS.
    23. § 153.023 COASTAL HIGH HAZARD AREAS.
    24. § 153.024 NATURE OF VARIANCES.
    25. § 153.025 CONDITIONS FOR VARIANCES.
    26. § 153.026 APPEAL BOARD.
    27. § 153.027 IMPROVEMENT COSTS THAT MUST BE INCLUDED WITHIN SUBST…
    28. § 153.028 IMPROVEMENT COSTS THAT MAY BE EXCLUDED.
  71. Chapter 154 — SUBDIVISION REGULATIONS
  72. Chapter 155 — ZONING REGULATIONS
  73. Chapter 155 — ZONING REGULATIONS (old)
  74. Chapter 156 — COASTAL ZONING REGULATIONS
  75. Chapter 157 — HISTORIC PRESERVATION
  76. Chapter 158 — CANNABIS
  77. Chapter 159 — WIRELESS TELECOMMUNICATIONS FACILITIES

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