Article 6 — Flood Hazard Variance Procedure

The variance criteria set forth in this section 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 chapter 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 city council 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 this chapter 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.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

The city council shall hear and decide appeals and requests for flood hazard variances from the requirements of this chapter. The city council shall hold a public hearing on an application for a flood hazard variance. The notice required for the public hearing is the same as the notice required for a variance permit under Section 6-211 of this title. The city engineer shall give notice of the public hearing for a flood hazard variance.

(b)

The city council shall hear and decide appeals when it is alleged there is an error in a requirement, decision or determination made by the city engineer in the enforcement or administration of this chapter. Such appeals must be made in writing to the city council within 14 calendar days of written notice of the city engineer's action.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

In passing upon an application for a flood hazard variance under this chapter, the city council shall consider all the technical evaluations, all relevant factors, standards specified in other sections of this 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 and future owners of the property;

(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 floodplain 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 floodwaters, 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;

(k)

The necessity to the facility of a waterfront location, where applicable; and

(l)

Substantial compliance with applicable laws, regulations, plans and guidelines.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

A flood hazard variance may be issued for new construction, substantial improvements 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 the standards in Section 6- 1853 are fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the flood hazard variance increases.

(b)

Upon consideration of the factors of Section 6-1853 and the purposes of this chapter, the city council may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this chapter.

(c)

The city engineer shall maintain the records of flood hazard variance actions, including justification for their issuance, and report any approved flood hazard variances to the Federal Insurance Administration, Federal Emergency Management Agency upon request.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(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, the state Inventory of Historic Places, or the Lafayette historic landmark ordinance 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.

(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. "Minimum necessary" means to afford 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 city council 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 city council believes will both provide relief and preserve the integrity of the local ordinance.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(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 (as defined in Section 6-1804) 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 (as defined in Section 6-1804) under "Public safety or nuisance"), cause fraud on or victimization of the public (as defined in Section 6-1804), or conflict with existing local laws or ordinances.

(b)

Flood hazard variances may be issued for new construction, substantial improvements, and for other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of this section and Section 6-1855 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 and does not create a public nuisance.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

(a)

An applicant to whom a flood hazard variance is granted shall be given written notice over the signature of a community official that:

(1)

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; and

(2)

Such construction below the base flood level increases risks to life and property.

(b)

A copy of the notice shall be recorded by the city 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. No. 684, § 2(Exh. 2), 4-10-2023)