A. Generally, variances may be issued for new construction and substantial improvements, and other proposed new development to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing sections 15.32.090 through 15.32.170 of this chapter have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.
B. Variances may be issued for the reconstruction, rehabilitation or restoration of historic structures listed in the national register of historic places or the state inventory of historic places, upon a determination that the proposed reconstruction, rehabilitation or restoration 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.
C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E. Variances shall be issued upon:
1. A showing of good and sufficient cause;
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 would not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public or conflict with existing local laws or ordinances.
F. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the provisions of this chapter are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and creates no additional threats to public safety and does not create a public nuisance.
G. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official 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 twenty-five dollars ($25.00) for one hundred dollars ($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 San Bernardino County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
H. 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. (Ord. 2914 § 1 (part), 2020; Ord. 2837, 2016)