Plumas County Municipal Code Art. 4 Grant of Relief

The purpose of grants of relief is to vary or modify the strict application of any of the provisions of this chapter when the strict application would create an exceptional hardship to the applicant or the owners of surrounding property.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

(a) Any person requesting a grant of relief shall be the legal owner or the legal representative of the owner of the property and shall file an application with the County Engineer.

(b) Applications for a grant of relief shall include:

(1) Identification of the property by Assessor's parcel number and street address;

(2) Written concurrence of all owners of the property, with their complete names, as title is held, and mailing addresses;

(3) Application fees;

(4) A legal description for the property, suitable for recording, typed on plain white paper, eight and one-half (8½") inches by eleven (11") inches, with at least one inch margins at top, sides and bottom; and

(5) A legible copy of the current owner's grant deed, or the recording data therefor.

(c) The applicant shall present adequate evidence showing how the findings required by Section 8-17.404(d)(1) can be made.

(d) The applicant shall address:

(1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger to 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 individual owner and future owners of the property;

(4) The importance of the services provided by the proposed facility to the community;

(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 General 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 flood waters expected at the site; and

(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, and water systems, and streets and bridges.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

(a) On receipt of an application for a grant of relief, the County Engineer shall consult the Building Official, the Director of Environmental Health and the Planning Director on conformance of the application for the grant of relief with matters in their purview. Upon request of the County Engineer, the Building Official, the Director of Environmental Health, and the Planning Director shall furnish to the County Engineer within thirty (30) days any available information in their possession as may be required for processing an application for a grant of relief under the provisions of this article.

(b) The County Engineer shall determine if an application is complete within thirty (30) days after receipt of the application.

(c) If an application is determined to be incomplete, the applicant shall make the application complete within one year from the date on which the application was determined to be incomplete, or the application shall be considered withdrawn;

(d) Upon completion of the appropriate environmental review, an application shall be scheduled for hearing at the next regularly scheduled meeting of the Board for which the application can be scheduled while meeting all requirements for notice.

(e) The County Engineer shall prepare a written recommendation on the grant of relief. The recommendation shall consider all technical evaluations, relevant factors, standards specified in other sections of this chapter, and:

(1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger to 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 individual owner and future owners of the property;

(4) The importance of the services provided by the proposed facility to the community;

(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 flood waters expected at the site; and

(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, and water systems, and streets and bridges.

(f) The recommendation shall be served on the applicant at least three (3) days before any hearing on the grant of relief.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

(a) Notices. The Board shall hold a public hearing on each application for a grant of relief and shall give notice of such hearing as set forth in Article 11.5 of Chapter 2 of Title 9 of this Code.

(b) Hearings. The Board may hear facts from any person appearing and may consider written communications relative to the application. The Board shall consider any environmental document prepared for the grant of relief and the recommendation of the County Engineer.

(c) Decisions. The Board, within forty (40) days after the close of the hearing, shall make a decision, unless an extension is granted for good cause or with the mutual consent of the applicant.

(d) Findings. In granting relief the Board shall make the following findings:

(1) That there are special circumstances applicable to the property under which the strict application of the provisions of this chapter would create an exceptional hardship to the applicant or the owners of surrounding property and how the exceptional hardship would result from the failure to grant the grant of relief;

(2) That the exceptional hardship is unusual and peculiar to the property involved;

(3) That the exceptional hardship is not solely economic or financial;

(4) That the hardship is not a matter of inconvenience, aesthetic considerations, physical handicaps, personal preference, or disapproval by neighbors;

(5) That granting the relief will not result in increased flood heights;

(6) That granting the relief will not result in anything which is injurious to safety or health of the entire community, neighborhood, or any considerable number of persons;

(7) That granting the relief will not result in anything which unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin;

(8) That granting the relief will not result in extraordinary public expense;

(9) That granting the relief will not result in fraud or victimization of the public, with consideration given to:

(i) The fact that every newly constructed building adds to government responsibilities,

(ii) The fact that every newly constructed building remains part of the community for fifty (50) to 100 years,

(iii) Buildings that are constructed below the base flood elevation, during the term of their existence, are subject to increased risk of damage from flood,

(iv) Future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering brought by those increase flood damages,

(v) Future owners may purchase the property unaware that the property is subject to potential flood damage and can be insured only at very high flood insurance rates;

(10) That granting the relief will not conflict with existing local laws or ordinances;

(11) That the technical justification for the grant of relief is duly proportionate to the size of the lot and the extent it is contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, provided that the provisions of Articles 2 and 3 of this chapter have been fully considered;

(12) That, if the grant of relief is for the repair or rehabilitation of a Secretary of the Interior historic structure, the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and that the grant of relief is the minimum necessary to preserve the historic character and design of the structure;

(13) That granting the relief will not result in any increase in flood levels during the base flood discharge if the grant of relief is for a man-made change within a mapped regulatory floodway;

(14) That granting the relief will afford relief, considering the flood hazard, with a minimum of deviation from the requirements of this chapter;

(15) If the grant of relief is for new construction, substantial improvement, or other man-made changes to real estate necessary for the conduct of docking facilities, port facilities that are necessary for the loading and unloading of cargo or passenger, ship building or ship repair facilities without long term storage or related manufacturing facilities, that the structure or other man-made change to real estate is protected by methods that minimize flood damages during the base flood and does not result in increased threats to safety or health of an entire community, neighborhood, or any considerable number of persons and does not result in obstruction of the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, or basin; and

(16) That the applicant intends to proceed with the use within six (6) months after the issuance of the grant of relief.

(e) Conditions. The Board, in granting any grant of relief, may require conditions under which the grant of relief shall be granted. Any such condition, as required, shall be complied with, and the violation of such conditions shall result in the revocation of the permission granted by the grant of relief.

All grants of relief shall carry the following conditions:

(1) That any necessary work commence within six (6) months and the completion of the work within thirty-six (36) months;

(2) That any work done shall conform with the approved plans as specified in the grant of relief, and

(3) That the violation of any such condition shall be a violation of the provisions of this chapter and shall be punishable as set forth in Article 5 of this chapter.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

(a) Following the approval of a grant of relief by the Board, the County Engineer shall issue a grant of relief. The grant of relief shall include:

(1) Identification of the owners as title is held;

(2) The legal description of the property;

(3) The Assessor's parcel number and street address of the property;

(4) A description of the relief granted;

(5) The conditions of approval;

(6) Notice that the issuance of a grant of relief to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as Twenty-five and no/100ths ($25.00) Dollars for One Hundred and no/100ths ($100.00) Dollars of insurance coverage;

(7) Notice that construction below the base flood elevation increases risks to life and property;

(8) A notarized statement signed by all the owners of the property saying "We, the undersigned, hereby certify that we are all of the parties having record title interest in the herein described real property, that we understand and accept this grant of relief and the conditions stated herein and agree to comply with them; and that we further understand that failure to comply with any of the conditions may result in revocation of the grant of relief."; and

(9) A statement of approval and the signature of the Chairman of the Board.

(b) The grant of relief shall be recorded by the County Engineer in the Office of the Plumas County Recorder. The grant of relief shall not take effect until it is recorded. The recorded grant of relief shall be returned to the County Engineer. The County Engineer shall provide a copy of the recorded grant of relief to the applicant and the Building Official. The County Engineer shall notify the Director of Environmental Health and the Planning Director of the recording of the grant of relief and the recording data therefor.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)

(a) The Board may revoke a grant of relief or modify the original conditions for failure to comply with any of the conditions imposed or upon evidence of misrepresentation in the issuance of the grant of relief. The abatement and removal of facilities, if required by such revocation, shall be at the expense of the permittee.

(b) The County Engineer may initiate revocation of a grant of relief on learning of failure to comply with any of the conditions imposed or upon evidence of misrepresentation in the issuance of the grant of relief. The County Engineer shall prepare a written recommendation on the revocation.

(c) The recommendation shall be served on the applicant at least three (3) days before any hearing on the revocation.

(d) Notices. The Board shall hold a public hearing on each revocation of a grant of relief and shall give notice of such hearing as set forth in Article 11.5 of Chapter 2 of Title 9 of this Code.

(e) Hearings. The Board may hear facts from any person appearing and may consider written communications relative to the revocation. The Board shall consider the recommendation of the County Engineer.

(f) Decisions. The Board, within forty (40) days after the close of the hearing, shall make a decision, unless an extension is granted for good cause or with the mutual consent of the applicant.

(g) Findings. In revoking a grant of relief the Board shall find that there was a failure to comply with specific conditions imposed or misrepresentation in the issuance of the grant of relief.

(h) Modification. Modification of the original conditions of a grant of relief in lieu of revocation must be done in conformance with the provisions of Sections 8-17.404 and 8-17.405 of this article.

(i) Following the revocation of a grant of relief by the Board, the County Engineer shall issue a notice of revocation of a grant of relief. The notice shall include:

(1) Identification of the owners as title is held;

(2) The legal description of the property;

(3) The Assessor's parcel number and street address of the property;

(4) The recording data for the grant of relief revoked; and

(5) A statement of revocation of the grant of relief and the signature of the Chairman of the Board.

(j) The notice of revocation of a grant of relief shall be recorded by the County Engineer in the Office of the Plumas County Recorder. The notice shall not take effect until it is recorded. The recorded notice shall be returned to the County Engineer. The County Engineer shall provide a copy of the recorded notice to the owner of the property and the Building Official. The County Engineer shall notify the Director of Environmental Health and the Planning Director of the recording of the notice and the recording data therefor.

(§ 1 (Exh. A), Ord. 98-902, eff. September 10, 1998)