SEC. 811.602. CONDITIONS FOR VARIANCES.

   (a)   Variances may be issued for the rehabilitation or restoration of historic structures where the proposed repair or rehabilitation will not preclude the structure from continuing to carry a historic designation and the variance is the minimum necessary to preserve the historic design and character of the structure. The procedures set forth in the remainder of this section are not applicable to variances for historic structures.

   (b)   Variances shall not be issued within any designated 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.

   (d)   Variances shall only 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 will 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.

   (e)   Variances may be issued for new construction and substantial improvements 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, in conformance with Sections 811.602(a) through 811.602(d).

   (f)   Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to allow construction of a structure below the base flood elevation will likely result in increased premium rates for the flood insurance and that such construction below the base flood elevation increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the office of the County of San Diego County Recorder.

   (g)   Variances may be issued for new construction and substantial for other development necessary for the conduct of a functionally dependent use provided that (1) the criteria of Section 811.602(a) through 811.602(e) are met, and (2) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. A functionally dependent use is a use which cannot be performed unless it is located or carried out in close proximity to water, and includes, without limit docking facilities, port facilities, and ship building and repair facilities, but excludes long-term storage or related manufacturing facilities.

(Amended by Ord. No. 9998 (N.S.), effective 9-4-09; amended by Ord. No. 10631 (N.S.), effective 11-29-19)