§ 82.14.060  Exemptions and Modifications.
   (a)   Exemptions.  The following structures and land uses are exempt from the requirements and standards established by this Chapter.
      (1)   The reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places upon a determination by the Director that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the exemption is the minimum necessary to preserve the historic character and design of the structure.
      (2)   Replacement of utilities, including septic systems, in compliance with health and safety codes shall be exempt from the flood elevation requirements of this Development Code and shall otherwise be subject to the legal non-conforming use provisions of this Development Code.
      (3)   Structures of such a minor nature that they are exempt from development permits, provided it can be demonstrated that there is no effect contrary to the intent and purpose of the County’s floodplain regulations.
   (b)   Modifications.  In the public interest, the Building Official or the Floodplain Administrator may, without notice or public hearing, approve, conditionally approve, deny or refer to the Commission requests to modify the requirements of the Floodplain Safety (FP) Overlay.
      (1)   Procedure.  Written application (either Major Variance or Minor Variance) for such modifications shall be submitted to the Planning Division, upon the forms provided by the County for this purpose.
      (2)   Required Findings. A modification to the standards imposed by this Chapter shall be allowed subject to lawful conditions that will secure substantial protection for the public health, safety and general welfare and provided that all of the following be found and justified as being true:
         (A)   The modification, if within any designated regulatory floodway, will not result in any significant increase in flood levels during the base flood discharge.
         (B)   The modification is for new construction or substantial improvement, 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 this Chapter have been fully considered.  As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
         (C)   The granting of the modification will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with existing laws or ordinances.
         (D)   The modification is the minimum necessary, considering the flood hazard, to afford relief and is consistent with the objectives of sound floodplain management.
   (b)   Written Notification.  Any applicant to whom an exemption or modification is granted shall be given written notice. Such notice shall include notice that:
      (1)   The issuance of an exemption or modification 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 Notice of Condition 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.
(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012)