The variance criteria set forth in this section 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, it's inhabitants, or the property owners.
A. Conditions for Variances. Generally, 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 BFE, providing the procedures of Sections 15.60.040, 15.60.050 and 15.60.070B1-11 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of historic structures (as defined in Section 15.60.020) 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 regulatory 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. “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.
E. Variances shall only be issued upon:
1. Receipt of a written request for variance from the owner of record, stating the conditions that constitute an extreme hardship;
2. A showing of good and sufficient cause such as renovation, rehabilitation or reconstruction. Variances issued for economic considerations, aesthetic, or because variances have been used in the past, are not good and sufficient causes;
3. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
4. 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 to the public, or conflict with existing local laws or ordinances.
F. 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 BFE 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 BFE 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 Tulare 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. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Section 15.60.060A-E are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
H. Upon consideration of the factors of this section and the purpose of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.
I. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the FEMA upon request. (Ord. 2010-08 (part), 2010; Ord. 9816 (part), 1998: prior code § 7196.1)