§ 26-33. Conditions for variances.

Applications for a variance to the flood plain requirements shall be heard and decided as follows: for a lot of one-half acre or less by the Zoning Administrator, or if there is no Zoning Administrator, by the Planning Manager; and for a lot of greater than one-half acre by the Planning Commission. For historic structures, an application for a variance shall be heard and decided by the Zoning Administrator, or if there is no Zoning Administrator, by the Planning Manager regardless of the size of the lot on which it is located.

(a)

Generally, variances may be issued for new construction, 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 article 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 26-29 of this code) 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.

(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 article. For example, in the case of variances to an elevation requirement, this means the County of Butte 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 County of Butte believes will both provide relief and preserve the integrity of this article.

(e)

Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) 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.

(f)

The County shall notify the applicant in writing over the signature of the Director of Development Services or designee that (i) 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 (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in paragraph (h) of this section.

(g)

The Director of Development Services or designee shall (i) maintain a record of all variance actions, including justification for their issuance, and (ii) provide such information on variances to the floodplain administrator. The floodplain administrator shall report on variances in its biennial report submitted to the FEMA.

(h)

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 (i) the criteria of paragraphs (c) through (f) of this section are met, and (ii) 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.

(i)

Variances may be appealed, upon paying the required appeal fee as set forth in the Butte County Master Fee Schedule, in the following manner: from the Zoning Administrator/Planning Manager to the Planning Commission; and from the Planning Commission to the Board of Supervisors.

(Ord. No. 4033, § 8, 9-13-11; Ord. No. 4041, § 5, 3-27-12)