Simi Valley Municipal Code Art. 8 Variance Procedures

(a) Variances may be issued for the repair or rehabilitation of "Historic Structures" upon a determination that the proposed repair 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.

(b) Variances shall not be issued within any regulatory floodway if any increase in flood levels during the base flood discharge would result.

(c) Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the Floodplain Administrator need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Floodplain Administrator believes will both provide relief and preserve the integrity of this chapter

(d) Variances shall only be issued upon all of the following:

(1) A showing of good and sufficient cause, which does not include economic considerations, aesthetics, or past practices;

(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 a fraud upon the public, or conflict with existing local laws or ordinances.

(e) Upon consideration of the factors of Section 7-5.802 and the purposes of this chapter, the Planning Commission, acting as the Variance Board, may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this chapter.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

The variance criteria set forth in this section of 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 granted 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.

It is the duty of the City to help protect its citizens from flooding. This need is so compelling, and the implications of the cost of insuring a structure built below the flood level are so serious that variances from the flood elevation or from other requirements in this chapter are intended to be quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

(a) The Planning Commission of the City ("Commission"), acting as the Variance Board, shall hear and decide appeals of a decision of the Floodplain Administrator and requests for variances from the requirements of this chapter. The Commission, and Council on appeal of a decision of the Commission, shall hear the variance application at a noticed public hearing with notice made as required for variances pursuant to Title 9, Planning and Zoning, of this Code.

(b) The Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.

(c) Those aggrieved by the decision of the Commission, pursuant to this chapter, may appeal such decision to the City Council. Such appeal shall be filed with the City Clerk within ten (10) calendar days of the Commission's decision and shall specify the project and grounds for appeal.

(d) Variances shall only be issued upon a:

(1) Showing of good and sufficient cause;

(2) Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and

(3) Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances.

(e) In hearing such applications, the Commission shall consider all of the following:

(1) The standards specified in this chapter;

(2) Engineering and technical reports prepared for the project;

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

(4) The danger to life and property due to flooding or erosion damage;

(5) The susceptibility of the proposed structure and its contents to flood damage and the effect of such damage on the existing and future owners of the property;

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

(7) The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;

(8) The compatibility of the proposed use with existing and anticipated development;

(9) The relationship of the proposed use to the General Plan and floodplain management program for that area;

(10) The safety of access to the property in time of flood for ordinary and emergency vehicles;

(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

(12) 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 system, and streets and bridges.

(f) Any applicant to whom a variance is granted shall be given written notice by the City 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 $25.00 for $100.00 of insurance coverage; and

(2) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Ventura County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(g) The Floodplain Administrator will 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.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

(a) A request for appeal may be taken only by filing a written notice of appeal with the Secretary of the Board no later than the tenth (10th) day after the date the Floodplain Administrator makes a written determination accepting, denying, or modifying a proposed application to this chapter.

(b) Each notice of appeal shall include:

(1) A description of the work or improvements proposed to be made or done;

(2) A description of the proposed location of the work or improvements;

(3) The reasons, in detail, why:

(i) The decision of the Floodplain Administrator should not be sustained; and

(ii) The relief requested for should be granted.

(c) An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply, or an equally good or better form of construction is proposed.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

(a) Should the Board render a decision contrary to that of the Floodplain Administrator, then the decision of Board shall be deemed the decision of the Floodplain Administrator.

(b) The decision of the Board shall be final and conclusive.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)