Mission Viejo Municipal Code § 9.100.720 Standards applicable to variances

Variances may be issued for new construction and substantial improvements to be erected on lots 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 items listed as (1) through (11) of section 9.100.610 have been fully considered. The technical justification required shall be greater for variances for lots larger than one-half acre.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a) Notwithstanding the provisions of subsection (b) through (f), variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places.

(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 to the minimum extent necessary, considering the flood hazard, to afford relief.

(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 to the applicant; and

(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 nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(e) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of section 9.100.720 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.

(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 Orange 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. 98-193, §§ 1—4, 10-19-98)

The floodplain administrator shall maintain records of all variances granted and shall report any variances to the floodplain insurance administration upon request.

(Ord. No. 98-193, §§ 1—4, 10-19-98)