Earlier editions: 2026-09
Lake County Municipal Code § 3.7 Severability
Lake County Municipal Code · 2026-10 edition · updated 2026-10-03 · Lake County
Sections in this part
Cite as: Lake County Municipal Code § 3.7 · Text as of 2026-10-03
Footnotes:
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Editor's note— Ord. No. 1647, § 1, adopted May 5, 1987, amended Ch. 25 in its entirety to read as herein set out in §§ 25-1—25-11. Prior to amendment, Ch. 25, §§ 25-1—25-11, relative to floodplain management, derived from Ord. No. 1035, § 1, adopted July 17, 1978; Ord. No. 1124, §§ 1, 2, adopted Jan. 15, 1980; and Ord. No. 1601, §§ 1, 2, adopted Oct. 14, 1986; Ord. No. 2304, § 1, passed September 5, 1995, amended the chapter in its entirety.
Sec. 25-1. - Statutory Authorization, Findings of Fact, Purpose and Methods.¶
1.1 Statutory Authorization.¶
1.2 Findings of Fact.¶
(a) The flood hazard areas of Lake County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(b) These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss.
(Ord. No. 2304, § 1, 9-5-95)
1.3 Statement of Purpose.¶
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(a) Protect human life and health;
(b) Minimize expenditure of public money for costly flood control projects;
(c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
(f) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
(g) Ensure that potential buyers are notified that property is in an area of special flood hazard;
(h) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and
(i) Assure that eligibility is maintained for the property owner to purchase flood insurance under the Federal Flood Insurance Program, and thereby remain eligible for bank loans from federally insured banks.
(Ord. No. 2304, § 1, 9-5-95)
1.4 Methods of Reducing Flood Losses.¶
In order to accomplish its purposes, this chapter includes methods and provisions to:
(a) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
(b) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(c) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(d) Control filling, grading, dredging, and other development which may increase flood damage; and
(e) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(Ord. No. 2304, § 1, 9-5-95)
Sec. 25-2. - Definitions.¶
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
2.0 Accessory Structure: A structure used solely for parking or limited storage (two hundred (200) square feet of storage or less).
(Ord. No. 2504, § 1, 1-18-2000)
2.1 Accessory Use: A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
2.2 Appeal: A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter.
2.3 Area of Shallow Flooding: A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
2.3.1 Area of Special Flood Hazard: See "Special flood hazard area.
2.4 Base Flood: A flood which has a one percent chance of being equalled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter.
2.5 Basement: Any area of the building having its floor below ground level on all sides.
2.6 Building: See "Structure."
2.7 Conditional Letter of Map Revision (CLOMR): A letter from FEMA commenting on whether a proposed project, if built as proposed, would justify a map revision (LOMR or PMR), or proposed hydrology changes.
2.8 Development: On land, in or under land or water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act, and any other division of land; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public or municipal utility.
2.9 Development Permit: A permit required by the Lake County Ordinance Code for development, including, but not limited to, tentative maps, building, grading, lakebed encroachment, septic system, well construction, zoning, minor use and major use permits.
2.10 Encroachment: The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structure or development into a floodplain which may impede or alter the flow capacity of a floodplain.
2.11 FEMA: The Federal Emergency Management Agency.
2.12 Flood, Flooding, or Flood Water: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of surface waters; the unusual and rapid accumulation or runoff of surface waters from any source.
2.13 Flood Boundary and Floodway Map (FBFM): The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway for Lake County.
2.14 Flood Hazard Boundary Map (FHBM): The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards for Lake County.
2.15 Flood Insurance Rate Map (FIRM): The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to Lake County.
2.16 Flood Insurance Study (FIS): The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood for Lake County.
2.17 Floodplain or Flood-prone Area: Any land area susceptible to being inundated by water from any source. See "Flooding."
2.18 Floodplain Administrator: The Director of the Lake County Flood Control and Water Conservation District.
2.19 Floodplain Management: The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations and open space plans.
2.20 Floodplain Management Regulations: This chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
2.21 Floodproofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to structures, utilities, water and sanitary facilities, and their contents.
2.22 Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Also referred to as "Regulatory Floodway."
2.23 Floodway Fringe: That area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.
2.24 Fraud or Victimization of the Public: Shall include adding unnecessarily to government responsibilities and expenses during flooding, or creating a condition which future owners may be unaware of a property's potential for flood damage and high flood insurance cost.
2.25 Functionally Dependent Use: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities and marina facilities that are necessary for the loading and unloading of cargo or passengers, and does not include long-term storage or related manufacturing facilities.
2.26 Governing Body: The Board of Supervisors of the County of Lake.
2.27 Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
2.28 Historic Structure: Any structure that is:¶
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.
(e) Designated as a Historic Preservation site pursuant to Section 21-38 of the Lake County Ordinance Code.
2.29 Letter of Map Revision (LOMR): A letter from FEMA officially Revising the current…¶
2.30 Lowest Floor: The lowest floor of the lowest enclosed area, including basement.¶
2.31 Manufactured Home: A structure, transportable in one or more sections, which is…¶
2.32 Manufactured Home Park: A parcel or contiguous parcels under one (1) ownership…¶
2.33 Mean Sea Level: For purposes of the National Flood Insurance Program, the National…¶
2.34 New Construction: For floodplain management purposes, means structures for which…¶
2.35 Nonconforming use: A structure or the use of a structure or premises which was…¶
2.36 One-hundred-year flood or 100-year flood: See "Base flood."¶
2.37 Physical map revision (PMR): A reprinted FBFM, FHBM, and/or FIRM incorporating…¶
2.38 Recreational vehicle: A motorhome, travel trailer, camper or camping trailer, with…¶
2.40 Riverine: Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.¶
2.41 Sheet Flow Area: See "Area of shallow flooding."¶
2.42 Special Flood Hazard Area (SFHA): An area having special flood hazards, and shown…¶
2.43 Start of construction: Includes substantial improvement and other proposed new…¶
2.44 Structure: A walled and roofed building that is principally above ground; this…¶
2.45 Substantial damage: Damage of any origin sustained by a structure whereby the cost…¶
2.46 Substantial improvement: Any reconstruction, rehabilitation, addition, or other…¶
(a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or
(b) Any alteration of a "historic structure," as defined by Section 25-2.25 of this chapter; provided, that the alteration will not preclude the structure's continued designation as a "historic structure."
(Ord. No. 2451, § 2, 12-15-98)
2.47 Variance: A grant of relief from the requirements of this chapter which permits…¶
2.48 Violation: The failure of a structure or other development to be fully compliant with this chapter.¶
2.49 Water Surface Elevation: The height, in relation to the National Geodetic Vertical…¶
2.50 Watercourse: A lake, river, creek, stream, wash, arroyo, channel or other…¶
Sec. 25-3. - General Provisions.¶
3.3 Compliance.¶
No development shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this chapter and other applicable regulations.
(a) Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute an infraction. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one hundred dollars ($100.00). Each day such violation continues shall be considered a separate offense.
(b) Any violation of the provisions of this chapter are declared to be a nuisance and may be abated as provided for in Chapter 13 of this Ordinance Code. Nothing herein contained shall prevent the County of Lake from taking such other lawful action as is necessary to prevent or remedy any violations.
3.5 Interpretation.¶
In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed to effect the purpose of this chapter; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
3.7 Severability.¶
Sec. 25-4. - Administration.¶
4.3 Duties and Responsibilities of the Floodplain Administrator: The duties and…¶
(a) Permit Review. Review all development permits for development in Special Flood Hazard Areas to determine that:
(1) Permit requirements of this chapter have been satisfied;
(2) All other required state and federal permits have been obtained;
(3) The site is reasonably safe from flooding; and
(4) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.
(5) The public is not being victimized or defrauded.
(b) Review, Request, and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 25-3.2, the Floodplain Administrator shall: (1) Obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, of other source, in order to administer Section 25-5; (2) Request that the base flood elevation data is included for all new subdivision development proposals(including proposals for manufactured home parks and subdivisions) greater than fifty (50) lots of five (5) acres, whichever is lesser.
(c) Notification of Other Agencies. In alteration or relocation of a watercourse:
(1) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
(2) Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency;
(3) Assure that me flood carrying capacity within the altered or relocated portion of said watercourse is maintained; and
(4) No later than six (6) months after the new base flood elevation data becomes available, Floodplain Administrator shall notify the Federal Emergency Management Agency of the changes by submitting the data to the Administrator of said Agency.
(d) Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed all certifications as required by Section 25-5.
(e) Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 25-4.5.
(f) Remedial Action. Take action to remedy violations of this chapter as specified in Section 25-3.3.
4.5 Appeals.¶
Decisions or determinations made by the Floodplain Administrator in the enforcement or administration of this chapter, may be appealed to the Board of Supervisors as follows:
(a) The following persons shall be eligible to file an administrative appeal:
(1) A person having an interest in the property that is subject to the decision being appealed.
(2) Any interested person not satisfied with the decision of the Floodplain Administrator.
(b) An appeal shall be filed with the Clerk of the Board of Supervisors within fifteen (15) calendar days of the decision accompanied by the applicable fee in Section 25-8.
(c) The appeal shall include a written statement setting forth the grounds upon which the appellant asserts there was an error or abuse of discretion by the Floodplain Administrator.
(d) An appeal shall stay all further proceedings and no additional building permit, or other permit that is subject to the appeal, shall be issued until such time as the appeal has been acted on as set forth in this section. The permittee may continue to act in reliance on any previously issued permit; however, further reliance after receipt of notice of an appeal, is done at permittee's own risk pending the outcome of the appeal.
(e) The Board of Supervisors shall hold a public hearing on the appeal. The public hearing shall be noticed as required by Section 25-4.6.
(f) Within forty-five (45) days after the closing of the hearing, the Board of Supervisors may either sustain the decision being appealed or render such new decision as it considers appropriate. Notice of the decision of the Board of Supervisors shall be mailed to the appellant and/or applicant within fifteen (15) calendar days of the decision.
4.6 Notice of Public Hearing.¶
Public hearing notices required by this chapter shall follow the following procedures:
(a) Notice shall be given in all the following ways:
(1) Notice of hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property, or the owner's duly authorized agent, and to the project applicant;
(2) Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;
(3) Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll as follows:
(i) If the real property which is the subject of the hearing is five (5) acres or less in size, notice shall be given to owners of all real property within three hundred (300) feet of the real property which is the subject of the hearing.
(ii) If the real property which is the subject of the hearing is more than five (5) acres in size, notice shall be given to owners of all real property within seven hundred (700) feet of the real property which is the subject of the hearing.
(4) If the number of owners to whom notice would be mailed or delivered is greater than one thousand (1,000), in lieu of mailed or delivered notice, notice may be given by placing a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation within the County at least ten (10) days prior to the hearing.
(5) The notice shall also be:
(i) Published one (1) time in at least one (1) newspaper of general circulation within the County at least ten (10) days prior to the hearing; or
(ii) Posted at least ten (10) days prior to the hearing in at least three (3) public places in Lake County, including one (1) public place in the area directly affected by the proceeding.
(6) All notices provided pursuant to this subsection shall provide the date, time and place of the public hearing, identify the Board of Supervisors as conducting the hearing, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.
(7) In addition to the notice required by this subsection, notice of the hearing may be given in any other manner deemed necessary or desirable.
(b) When a provision of this chapter requires notice of a public hearing to be given, the notice shall also be mailed or delivered at least ten (10) days prior to the hearing to any person who has filed a written request for notice with the Clerk of the Board or the Floodplain Administrator. The County may charge a fee which is reasonably related to the costs of providing this service and request shall be annually renewed.
(c) The failure of any person or entity to receive notice given pursuant to this Article shall not constitute grounds for any court to invalidate the actions of the County for which the notice was given.
(d) Any public hearing conducted under this chapter may be continued from time to time.
(Ord. No. 2304, § 1, 9-5-95; Ord. No. 3102, §§ 1, 2, 2-23-2021)
Sec. 25-5. - Provisions for Flood Hazard Reduction.¶
5.1 Standards of Construction.¶
In all areas of special flood hazards the following standards are required:
(a) Anchoring.
(1) All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) All manufactured homes shall meet the anchoring standards of Section 25-5.4.
(b) Construction Materials and Methods. All new construction and substantial improvement shall be constructed
(1) With materials and utility equipment resistant to flood damage;
(2) Using methods and practices that minimize flood damage;
(3) With electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities that are designed to be elevated at least one (1) foot above the base flood elevation; and
(4) Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
(c) Elevation Floodproofing.
(1) Residential construction, new or substantial improvement, shall have the lowest floor, including basement,
(i) In an AO zone, elevated above the highest adjacent grade, or nearest downstream road, whichever is higher, to a height equal to or exceeding the depth number specified in feet on the FIRM by at least one foot.
(ii) In an A zone, elevated at least one foot above the base flood elevation, as determined by the Floodplain Administrator.
(iii) In all other zones, elevated at least one foot above the base flood elevation.
(iv) In all flood hazard zones flood resistance materials and methods shall be applied in enclosed areas below base flood elevation plus one foot.
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional civil engineer or licensed land surveyor to be properly elevated. Such certification shall be provided to the Chief Building Official and the Floodplain Administrator on the current Elevation Certificate form issued by FEMA.
(2) Nonresidential construction shall either be elevated to conform with Section 25-5.1(c)(1) or together with attendant utility and sanitary facilities:
(i) Be floodproofed below the elevation recommended under Section 25-5.1(c)(1) so that the structure is watertight with walls substantially impermeable to the passage of water;
(ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(iii) Be certified by a registered professional civil engineer or licensed architect that the standards of this section (25-5.1(c)(2)) are satisfied. Such certification shall be provided to the Floodplain Administrator.
(3) All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet at least one of the following minimum criteria:
(i) Be certified by a registered professional engineer or architect; or
(ii) Have a minimum of two openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.
(4) Accessory structures and agricultural structures shall either be constructed to conform with Section 25-5.1(c)(2) or shall be designed to automatically equalize hydrostatic forces on exterior walls by allowing for the automatic entry and exit of floodwaters as specified in Section 25-5.1(c)(3).
(Ord. No. 2504, § 3, 1-18-2000)
(d) Manufactured homes shall also meet the standards in Section 25-5.4.
5.2 Standards for Utilities.¶
(a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
(1) Infiltration of flood waters into the system, and
(2) Discharge from the systems into flood waters.
(b) On-site waste disposal system shall be located to avoid impairment to them, or contamination from them during flooding.
5.3 Standards for Subdivisions and Divisions of Land.¶
(a) This article applies to all Subdivisions and Divisions of Land as defined in Chapter 17 of the Lake County Ordinance Code.
(b) All tentative maps shall identify the flood hazard area and the elevation of the base flood.
(c) All tentative maps shall provide the elevation of any proposed structure(s) and pad(s). If the site is to be filled above the base flood elevation, the developer shall obtain a Conditional Letter of Map Revision prior to the placement of fill. On completion of the development, the developer shall obtain a Letter of Map Revision.
(d) All subdivisions and divisions of land shall be consistent with the need to minimize flood damage.
(e) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed to minimize flood damage.
(f) Adequate drainage to reduce exposure to flood hazards shall be provided.
5.4 Standards for Manufactured Homes.¶
(a) All manufactured homes that are placed or substantially improved, within Zones A, A1-30, AO, AH, and AE on the Flood Insurance Rate Map, on sites located outside of a manufactured home park, shall be installed consistent with the requirements of Section 25-5.1.
(b) All manufactured homes that are placed or substantially improved, within Zones A, A1-30, AO, AH, and AE on the Flood Insurance Rate Map, on sites located inside of a manufactured home park, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement.
5.5 Standards for Recreational Vehicles.¶
(a) All recreational vehicles placed on sites within Zones A, A1-30, AO, AH, and AE on the Flood Insurance Rate Map will either:
(1) Be on the site for fewer than one hundred eighty (180) consecutive days; or
(2) Be fully licensed and ready for highway use — a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
5.6 Floodways.¶
Located within areas of special flood hazard established in Section 25-3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply.
(a) Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b) If Section 25-5.6(a) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 25-5.
(Ord. No. 2304, § 1, 9-5-95; Ord. No. 3102, §§ 3—5, 2-23-2021)
Sec. 25-6. - Variance Procedure.¶
6.1 Nature of Variances.¶
Variances from requirements of this chapter may be granted by the Board of Supervisors pursuant to the following procedure:
(a) A written application for variance may be made by the property owner to the Clerk of the Board of Supervisors accompanied by the applicable fee in Section 25-8.
(b) The application for variance shall set forth the grounds upon which the applicant asserts justify the variance.
(c) The Board of Supervisors shall hold a public hearing on the variance. The public hearing shall be noticed as required by Section 25-4.6.
(d) Within forty-five (45) days after the closing of the hearing, the Board of Supervisors may either grant or deny the variance, or render such new decision as it considers appropriate. Notice of the decision of the Board of Supervisors together with a copy of any findings adopted by the Board shall be mailed to the applicant within fifteen (15) calendar days of the decision.
(e) The decision of the Board of Supervisors shall be final.
(f) Variances may be issued for new construction and substantial improvements, if the following findings are made:
(1) A showing of good and sufficient cause;
(2) That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the development standards of this chapter are found to deprive subject of privileges enjoyed by other properties in the vicinity and under identical special flood hazard classification;
(3) That any variance granted is subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and special flood hazard in which the subject property is situate;
(4) A determination that failure to grant the variance would result in exceptional hardship to the applicant;
(5) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, create extraordinary public expense, cause fraud or victimization of the public, or conflict with existing local laws or ordinances;
(6) Determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(g) Variances may be issued for the repair of "historic structures" upon determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the degree of variance is the minimum necessary to preserve the historic character and design of the structure.
(h) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
(i) Any applicant to whom a variance is granted shall be given written notice signed by the Floodplain Administrator 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 up to amounts as high as twenty-five dollars ($25) for one hundred dollars ($100) of insurance coverage, and
(2) Such construction below the base flood level increases risks to life and property.
(3) A copy of the notice shall be recorded in the Office of the Lake County Recorder and shall be recorded in a manner so that it appears in the chain of Title of the affected parcel of land.
(j) The Floodplain Administrator shall 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 Insurance Administration, Federal Emergency Management Agency.
(Ord. No. 2304, § 1, 9-5-95)
Sec. 25-7. - Nonconforming Uses.¶
7.1 A structure or the use of a structure or premises which was lawful before the…¶
(a) No such use shall be expanded, changed, enlarged or altered in any way which increases its nonconformity.
(b) Any substantial improvement of a nonconforming structure shall be made in compliance with the provisions of the Lake County Ordinance Code.
(c) If any nonconforming use or structure is destroyed by any means, including flood, to the extent of fifty (50) percent or more of its market value immediately prior to the destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(Ord. No. 2304, § 1, 9-5-95)
Sec. 25-8. - Fees.¶
8.1 Fees required by this chapter shall be paid to the Lake County Flood Control and…¶
(a) Appeals: Three hundred dollars ($300).
(b) Variances: Three hundred fifty dollars ($350).
(Ord. No. 2304, § 1, 9-5-95)
Sec. 25-9. - Amendments.¶
The regulations, restrictions and boundaries as set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed as is deemed necessary.
(Ord. No. 2304, § 1, 9-5-95)
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