Barstow |
Code of Ordinances |
Title 15. BUILDINGS AND CONSTRUCTION |
Chapter 15.16. FLOODPLAIN MANAGEMENT |
§ 15.16.060. Variance procedure.
(a)
Nature of variances.
(1)
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.
(2)
The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that the variance pertain to a piece of property and is 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.
(3)
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 ensuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are 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 more 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.
(b)
Conditions for variances.
(1)
An applicant may apply for a variance based on the following property conditions:
a.
New construction, substantial improvement of property, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of sections 15.16.040 and 15.16.050 have been fully considered and at the discretion of the floodplain administrator as pertaining to subsection (b)(4) of this section. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
b.
For the repair or rehabilitation of historic structures as defined in this chapter upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
c.
Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
(2)
In making a determination on a variance application, the floodplain administrator shall use the criteria set forth in section 15.16.070(c)(2). In addition, variances shall only be issued upon a determination that the variance is the minimum necessary considering the flood hazard, to afford relief. The term "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 city 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 city believes will both provide relief and preserve the integrity of the local ordinance.
(3)
Conditions of approval of a variance. The floodplain administrator may attach such other conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(4)
Any applicant to whom a variance is granted shall be given written notice over the signature of the floodplain administrator that:
a.
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
b.
Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(5)
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 Emergency Management Agency.
(Code 1969, § 15.16.060; Ord. No. 836, § 1(part), 2007)