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Chapter 153 — FLOOD HAZARD AREA REGULATIONS

§ 153.026 APPEAL BOARD.

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

(A) Upon reviewing requests for variances, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

  • (1) Danger that materials may be swept onto other lands to the injury of others;

  • (2) Danger of life and property due to flooding or erosion damage;

(3) 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) Importance of the services provided by the proposed facility to the community;

  • (5) Necessity to the facility of a waterfront location, where applicable;

  • (6) Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

  • (7) Compatibility of the proposed use with existing and anticipated development;

  • (8) Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

  • (9) Safety of access to the property in time of flood for ordinary and emergency vehicles;

  • (10) Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

  • (11) 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.

  • (B) Variances shall only be granted upon a:

  • (1) Showing of good and sufficient cause;

  • (2) Determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3) Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see § 153.005, definition of “public safety and nuisance"), cause fraud and victimization of the public, or conflict with existing local laws or ordinances.

(C) Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of § 153.026(A) through (D) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

(D) Upon consideration of the factors of § 153.026 (A) and the purposes of this chapter, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (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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