Mountain View Municipal Code Art. IV Variances

The considerations and conditions for variances set forth in this Chapter 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 issued 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. The issuance of a variance is for floodplain management purposes only. Federal flood insurance premium rates are determined by the National Flood Insurance Program according to actuarial risk and will not be modified by the granting of a variance.

The regulations in this Chapter are intended to promote public health, safety and welfare and minimize losses from flooding. The implications of property damage and the cost of insuring a structure built below flood level are so serious that variances from the elevation or other requirements in the building codes should be quite rare. The long-term goal of preventing and reducing flood loss and damage and minimizing recovery costs, inconvenience, danger and suffering can only be met when variances are strictly limited. Therefore, the variance requirements in this Chapter are detailed and contain multiple provisions that must be met before a variance can be properly issued. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(Ord. No. 6.2025, § 2, 9/9/25.)

The city council shall hear and decide requests for variances from the strict application of the provisions of this Chapter.

(Ord. No. 6.2025, § 2, 9/9/25.)

The city council shall base its determination on technical justifications submitted by applicants, the considerations and conditions set forth in this Chapter, the comments and recommendations of the floodplain administrator and chief building official, as applicable, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of this Chapter and the building code.

(Ord. No. 6.2025, § 2, 9/9/25.)

The floodplain administrator shall maintain a permanent record of all variance actions, including justification for issuance.

(Ord. No. 6.2025, § 2, 9/9/25.)

A variance is authorized to be issued for the repair, improvement or rehabilitation of a historic structure upon a determination that the proposed repair, improvement 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. When the proposed work precludes the structure's continued designation as a historic building, a variance shall not be granted and the structure and any repair, improvement and rehabilitation shall be subject to the requirements of the building code.

(Ord. No. 6.2025, § 2, 9/9/25.)

A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analyses required in Sec 48.12.15.a of this Chapter.

(Ord. No. 6.2025, § 2, 9/9/25.)

A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the criteria in Section 1612 of the building code (CCR Title 24 Part 2) or Section R322 of the residential code (CCR Title 24 Part 2.5) are met, as applicable, and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damages during the base flood and create no additional threats to public safety.

(Ord. No. 6.2025, § 2, 9/9/25.)

A variance is authorized to be issued for the construction or substantial improvement of agricultural structures that are not elevated or dry floodproofed, provided the requirements of this Section are satisfied and:

a. A determination has been made that the proposed agricultural structure:

1. Is used exclusively in connection with the production, harvesting, storage, raising or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.

2. Has low damage potential.

3. Does not increase risks and pose a danger to public health, safety and welfare if flooded and contents are released, including, but not limited to, the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals and production and storage of highly volatile, toxic or water-reactive materials.

4. Is not located in a coastal high hazard area (Zone V/VE), except for aquaculture structures dependent on close proximity to water.

5. Complies with the wet floodproofing construction requirements of Sec. 48.16.40.b, below.

b. Wet floodproofing construction requirements.

1. Anchored to resist flotation, collapse and lateral movement.

2. When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 24, Chapter 2.

3. Flood damage-resistant materials are used below the base flood elevation.

4. Mechanical, electrical and utility equipment are elevated above the base flood elevation.

5. FEMA's floodproofing certificate is required for new or substantially improved agricultural structures.

(Ord. No. 6.2025, § 2, 9/9/25.)

In reviewing applications for variances, all technical evaluations, all relevant factors, all other requirements of this Chapter and the building code, as applicable, and the following shall be considered:

a. The danger that materials and debris may be swept onto other lands resulting in further injury or damage.

b. The danger to life and property due to flooding or erosion damage.

c. The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.

d. The importance of the services provided by the proposed development to the community.

e. The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.

f. The compatibility of the proposed development with existing and anticipated development.

g. The relationship of the proposed development 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 debris and sediment transport of the floodwater and the effects of wave action, 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 systems, streets and bridges.

k. Necessity to the facility of a waterfront location, where applicable.

(Ord. No. 6.2025, § 2, 9/9/25.)

Variances shall only be issued upon all of the following:

a. Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of this Chapter or renders the elevation standards of the building code inappropriate.

b. A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.

c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or future property owners, or conflict with existing local laws or ordinances.

d. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

e. When the request is to allow construction of the lowest floor of a new building or substantial improvement of a building below the base flood elevation, notification to the applicant in writing and signed by the floodplain administrator specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that issuance of a variance to construct below the elevation required in the building code will result in increased premium rates for federal flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage and that such construction below the required elevation increases risks to life and property.

(Ord. No. 6.2025, § 2, 9/9/25.)