Imperial County Municipal Code Ch. 6 Variance Procedure

Footnotes:

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Editor's note— Sec. 13 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 6, which pertained to the same subject matter, consisted of §§ 91606.00—91606.03, and derived from the prior code; and Ord. 1339, 2001. Section 14 of said ordinance enacted provisions to read as herein set out.

A. The Building Board of Appeals of Imperial County shall hear and decide appeals and requests for variances from the requirements of this division.

B. The Building Board of Appeals 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 division.

C. In passing upon such applications, the Building Board of Appeals shall consider all technical evaluations, all relevant factors, standards specific in other sections of this division, and:

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 owner and future owners of the property.

4. The importance of the services provided by the proposed facility to the County.

5. The necessity to the facility of a waterfront location, where applicable.

6. The availability of alternative locations for the proposed use which 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 floodwaters expected at the site.

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, water system, streets and bridges.

D. 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 items Chapter 4 (91604.00 through 91604.03) and Chapter 5 (91605.00 through 91605.07) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

E. Upon consideration of the factors of Section 91606.00.C. above and the purposes of this ordinance, the Building Board of Appeals may attach such conditions to the granting of variance as it deems necessary to further the purpose of this division.

F. The floodplain administrator shall maintain the records of all appeal actions, including justification for their issuance, and report any variances issued its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

A. Variances may be issued for the reconstruction, rehabilitation or restoration of "historic" structures (as defined in Title 9 Division 14) 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.

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

C. 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 division.

D. Variances shall only be issued upon:

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 Division 14 of Title 9) to the applicant.

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 a nuisance, (as defined in Division 14 of Title 9 - see "Public Safety and Nuisance") cause fraud on or victimization of the public, (as defined in Division 14 of Title 9) or conflict with existing local laws or ordinances.

E. Variances may be issued for new construction and substantial improvements and/or other development necessary for the conduct of a functionally dependent use provided that the provisions of Section 91606.01.A. through D. above are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

F. Any applicant to whom a 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. A copy of the notice shall be recorded by the floodplain administrator in the office of the Imperial 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. No. 1565, §§ 13, 14, 12-15-20)

The decision of the Board of Appeals on any appeal or request for waiver shall be final, unless within ten (10) days after said decision a written appeal to the Board of Supervisors is filed by the applicant with the Building Official. Said appeal shall state the grounds upon which the appeal is made. Said appeal shall be heard at a public hearing at a regularly scheduled meeting of the Board of Supervisors within one month after the date of filing of said appeal. Notice of the time and place of said hearing shall be given to the applicant by mailing such notice to him/her at his/her last known address at least five days prior to the date set for such hearing. A copy of said notice shall also be sent to the Clerk of the Board of Supervisors and to all members of the Board of Appeals.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

A. Review fee for building permits for structures lying within an area of special flood hazard. .....$75.00

B. Review fee for applications for subdivisions lying within an area of special flood hazard. .....$200.00

C. Fee for appeals or request for waiver to the flood hazard review board. .....$75.00

D. Fee for appeals to the board of supervisors. .....$400.00

(Ord. No. 1565, §§ 13, 14, 12-15-20)