907-01. VARIANCES.

• A. Except as provided in Section 907-02, a variance may be granted by the Board of Supervisors if it finds that:

  1. Failure to grant the variance will result in exceptional hardship to the applicant, because of the exceptional, unusual, and peculiar physical characteristics of the property. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants, or the property owners. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a

variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended;

2. There are no viable alternatives to the granting of the variance and, the variance is the minimum necessary to afford relief; and

3. The granting of a variance will not result in increased flood heights, threaten the safety or health of the community, neighborhood, or any considerable number of persons, or result in extraordinary public expense or conflict with existing local laws or ordinances.

• B. In passing upon requests for variances, the Board of Supervisors shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and the following factors:

  1. Danger to persons and property by materials swept onto other lands;

  2. Danger to persons and property from flooding;

  3. Susceptibility of the structure and its contents to flood damage;

  4. Public importance of services to be provided by the structure;

  5. Necessity to the structure of a waterfront location;

  6. Availability of alternate locations not subject to flooding;

  7. Compatibility of the use with existing and anticipated development;

  8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

  9. Vehicle access to the property in time of flood;

  10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

  11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities.

• C. The Board of Supervisors may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

• D. Any applicant to whom a variance is proposed to be granted shall be given written notice by the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level may result in a significant increased cost of flood insurance premium rates (example, annual premium could be as high as $25 per $100 insured), and such construction

below the base flood level increases risks to life and property. If the variance is granted, such notice shall be in a form acceptable to County Counsel and the Board of Supervisors. It shall be executed and recorded on the property.

• E. The Floodplain Administrator will maintain a record of all variance actions, including the justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

907-02. SPECIAL VARIANCE STANDARDS.

• A. Variances may be issued for the repair or rehabilitation of historic buildings upon a determination that the repair or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building.

• B. Variances may be issued for new construction, substantial improvements, and other development necessary for the conduct of a functionally dependent use provided that the provisions of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety.

• C. Variances shall not be issued within any floodway if any increase in the base flood elevation would result.

907-03. APPEALS

If the applicant for a Floodplain Management Permit, the permittee, or other persons whose property rights may be affected, is dissatisfied with any determination made by the Floodplain Administrator, such person may appeal to the Board of Supervisors. Any such appeal shall be in writing, shall state the specific reasons therefore and grounds asserted for relief and shall be filed with the Clerk of the Board of Supervisors. If it is deemed that the proposed variance may negatively affect the County’s standing in the National Flood Insurance Program, adequate public notice and public hearing shall be required before the Board of Supervisors may act on the proposal.

907-04. ADMINISTRATION FEES

The Board of Supervisors shall by resolution adopt and, from time to time, amend a schedule of fees for administrative functions authorized or required by this ordinance, including but not limited to, the filing and processing of appeals, the filing and processing of variance requests, the preparation and

processing of agreements, and the review and certification of those elevations set forth in Section 906-10. Such fees shall be for the sole purpose of defraying costs incurred for such administrative functions. Fees shall be paid at the time of and with the filing of an appeal, a request for a variance, or a request for any other administrative function. No appeal or variance shall be deemed valid unless the prescribed fee has been paid by the applicant.

907-05. HEARINGS

Not later than the next regularly scheduled meeting following thirty (30) calendar days after the date of filing an appeal within the time and in the manner prescribed by Section 907-03, the Board of Supervisors shall conduct a hearing for the purpose of determining whether the appeal should be granted. The Board of Supervisors shall conduct a hearing on variance requests within ninety (90) calendar days after the date of filing such a request. Written notice of the time, date, and place of the hearing shall be served upon the Floodplain Administrator, the applicant or permittee, and the appellant not later than ten days preceding the date of the hearing.

907-06. ACTIONS ON APPEALS OR VARIANCES.

• A. The Board of Supervisors shall review the entire proceeding or proceedings relating to the act or decision being appealed, de novo, and may make any order it deems just and equitable, including the granting of a Floodplain Management Permit. Any hearing may be continued from time to time.

• B. At the conclusion of the hearing, the Board of Supervisors shall prepare a written decision which either grants or denies the appeal or variance request and contains findings of fact and conclusions. The written decision, including a copy thereof, shall be filed with the Clerk of the Board of Supervisors. The Clerk shall serve such decision on the applicant or permittee, the appellant, and the Floodplain Administrator. The decision of the Board of Supervisors shall become final upon the date of filing and service with respect to any appeal or variance request.

907-07. NOTICES.

• A. Any notice authorized or required by this ordinance shall be deemed to have been filed, served, and effective for all purposes on the date when it is personally delivered in writing to the party to whom it is directed or deposited in the United States mail, first-class postage prepaid, and addressed to the party to whom it is directed.

• B. Whenever a provision in this ordinance requires a public hearing to be conducted, a notice of the time, date, place, and purpose of the hearing shall be published at least once not later than

ten (10) calendar days in advance of the date of commencement of the hearing in a newspaper of general circulation which is published within the County. The same type of notice shall also be served on each permittee whose permit may be affected by the action taken at the conclusion of the hearing.

907-08. VIOLATIONS.

• A. Except as otherwise specifically provided, pursuant to the provisions of Government Code Section 25132, violation of any of the provisions contained in this ordinance shall constitute an infraction subject to a fine of one hundred dollars for each day or any portion thereof a violation continues.

• B. Violation of any of the provisions of this ordinance following notice to the permittee by the Floodplain Administrator advising of the violation and ordering a cessation thereof, shall constitute a misdemeanor.

• C. Violation of any of the provisions of this ordinance may be remedied by injunction or other civil proceeding commenced in the name of the County pursuant to direction by the Board of Supervisors.

• D. It shall be a violation of this ordinance to fail to obtain a Floodplain Management Permit when required hereby to do so.

907-09. LAWS NOT ENFORCED

There are many ordinances and other laws applicable to activities permitted under this ordinance that are not sought to be enforced under this permitting process. Such laws include, but are not limited to, building, land grading and erosion control, and land development measures. The issuance of a Floodplain Management Permit shall not be deemed to constitute a representation that the development so permitted or the property upon which such development is occurring complies with such other ordinances or other laws. Nor shall the existence of such an unrevoked permit be deemed to preclude any criminal or civil remedy for violation of such other ordinances or laws. The possession of a Floodplain Management Permit shall not be deemed to relieve the holder of the requirement to apply for or obtain any other license or permit required by ordinance or statute.

APPENDIX A: Map of Delta with Reclamation District names and RD Numbers

APPENDIX B: NFIP Technical Bulletins

As of March 2009, the following Technical Bulletins are available on www.FEMA.gov (search NFIP Technical Bulletins)

• Technical Bulletin 1 Openings in Foundation Walls and Wall Enclosures Provides guidance on the NFIP regulations concerning the requirement for openings in below-Base Flood Elevation foundation walls for buildings located in Zones A, AE, A1-A30, AR, AO, and AH.

• Technical Bulletin 2 Flood Damage-Resistant Materials Requirements- Provides guidance on the NFIP regulations concerning the required use of flood damage resistant construction materials for building components located below the Base Flood Elevation in Special Flood Areas (both A and V Zones).

• Technical Bulletin 3 Non-Residential Floodproofing provides guidance on the NFIP regulations concerning watertight construction and the required certification for floodproofed non-residential buildings in Zones A, AE, A1-A30, AR, AO, and AH whose lowest floors are below the Base Flood Elevation.

• Technical Bulletin 4 Elevator Installation- Provides guidance on the NFIP regulations concerning the installation of elevators below the Base Flood Elevation in Special Flood Hazard Areas (both A and V Zones).

• Technical Bulletin 5 Free Of Obstruction Requirements- Provides guidance on the NFIP regulations concerning obstructions to flood waters below elevated buildings and on building sites in Coastal High Hazard Areas (Zones V, VE, and V1-V30).

• Technical Bulletin 6 Below Grade Parking- Provides guidance on the NFIP regulations concerning the design of below-grade parking garages beneath buildings located in Zones A, AE, A1-A30, AR, AO, and AH.

• Technical Bulletin 7 Wet Floodproofing - Provides guidance on the NFIP regulations concerning wet floodproofing of certain types of structures located in Zones A, AE, A1-A30, AR, AO, and AH.

• Technical Bulletin 10 Ensuring That Structures Built On Fill In Or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding - This technical bulletin discusses building techniques, including the use of fill, that can be used to ensure structures are reasonably safe from flooding.

• Technical Bulletin 11 Crawlspace Construction For Buildings Located In Special Flood Hazard Areas- Provides interim guidance on minimum NFIP requirements as well as best practices for crawlspace construction in the Special Flood Hazard Area. Substantial Improvement I Substantial Damage Desk Reference

• FEMA 265 ‘The Zone A Manual: Managing Floodplain Development in Approximate Zone A Areas’

• FEMA P-348 ‘Protecting Building Utilities from Flood Damage’

TB 7-93 Wet Floodproofing Requirements for structures located in Special Flood Hazard Areas

FEMA P-758 Substantial Improvement and Substantial Damage Desk Reference

APPENDIX C: Section 905-02 Fees

Fees Effective February 28, 2020

[1] These are stand-alone fees that are included in any of the above-listed fees.

APPENDIX D: 200-Year ULOP Applicability Area

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User Guide

Sacramento County Zoning Code User Guide

Amended June 22, 2017 & August 14, 2018 & September 18, 2020 & August 10, 2021 & December 14, 2021 & June 29, 2023

Purpose

The Zoning Code User Guide was prepared to help property owners and users understand and navigate the County’s Zoning Code (Code) and common planning and entitlement application procedures most likely to be encountered when developing property in Sacramento County. This Guide compiles the requirements for application contents, forms, fees, and submission and review schedule. It is intended to be administratively updated by the Planning Director, from time to time, to ensure efficient review and approval processes and simplify common planning and development application procedures, to the extent possible.

ntered when developing property in Sacramento County. This Guide compiles the requirements for application contents, forms, fees, and submission and review schedule. It is intended to be administratively updated by the Planning Director, from time to time, to ensure efficient review and approval processes and simplify common planning and development application procedures, to the extent possible.

All new development and uses must comply with the County’s Code and Design Guidelines. Both of these documents implement the goals and policies of the Sacramento County General Plan, and address contemporary planning issues, including removing barriers to infill and mixed-use development, minimize regulatory burdens to development and redevelopment in the County, and increase focus on health and the built environment emphasizing active design and sustainability; while continuing to fulfill the County’s obligation to protect the public health, safety, and general welfare of the residents of Sacramento County. References to chapters, sections and tables are specific to the Code, unless otherwise indicated, and the electronic version of this Guide provides users with links to these Code references.

Download

The SZC User Guide, as amended June 29, 2023, references many outdated versions of the Zoning Code and Design Guidelines. PER staff will be updating the User Guide in the near future to reflect the Land Use Regulation Library and numerous changes to the Code which have occurred since June 2023.

Download the Zoning Code User Guide. This is an archived PDF document.