§ 335-8 Appeals and Variances | Humboldt County Code

335-8. Appeals and Variances.

(1) Appeals. Any person aggrieved by a decision of the Building Official may appeal to the Board of Supervisors by filing a notice of appeal, setting forth in detail the reasons therefor, together with the required fee, with the Building Official within fifteen (15) days of said decision. The appeal hearing shall be scheduled at the earliest possible date. (Ord. 2560, § 2, 10/4/2016)

(2) Variances. An application for a project which requires a variance shall include, in addition to the information and fees required by Section 335-4, the information which the Board of Supervisors will need in order to grant the variance. The hearing on a request for a variance shall be scheduled at the earliest possible date. The flood plain development variance must be obtained before the project is considered for any other necessary approvals.

(1) The Board of Supervisors shall hear and decide appeals and requests for variance from the requirements of this chapter.

(2) The Board of Supervisors shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Official. The decision of the Board of Supervisors is final and binding on the County. (Ord. 2560, § 2, 10/4/2016)

(3) In passing on appeals and requests for variances, the Board of Supervisors may consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

(A) The danger that materials may be swept onto other land to the injury of others;

(B) In danger to life and property due to flooding or erosion damage;

(C) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(D) The importance of the services provided by the proposed facility to the community;

(E) The necessity that the facility be located in a river channel or on a waterfront;

(F) The availability of alternative locations, for the proposed use which are not subject to flooding;

(G) The compatibility of the proposed use with existing and anticipated development;

(H) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

(I) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(J) The expected height, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if any, expected at the site; and

(K) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(4) The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (Ord. 2560, § 2, 10/4/2016)

(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Section 335-8 7(b) (3) have been fully considered. As the lot size increases beyond the one-half (½) acres, the technical justification required for issuing the variance increases.

(2) Upon consideration of the factors of Section 335-8(b) (3) and the purposes of this chapter, the Board of Supervisors may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this chapter. (Ord. 2560, § 1, 10/4/2016)

(3) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places of the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

(4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(5) Variances shall be issued only upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(6) Variances shall be issued only upon:

(A) A showing of good and sufficient cause. Good and sufficient cause includes renovation, rehabilitation, reconstruction or necessity. Good and sufficient causes does not include economic considerations, aesthetics or past variances in similar situations; and

(B) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(C) A determination that the granting of a variance will not increase flood heights, add to the threats to public safety, add extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(7) Any applicant who receives a variance shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation, that the cost of flood insurance will be commensurate with the increased risk resulting in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and that no local, State or Federal agency is liable for flood damages beyond the limit of the flood insurance coverage. This notice shall be recorded in the chain of title of the real property affected by the variance. (Ord. 1541, § 4, 7/13/1982; Ord. 1574, § 1, 1/11/1983; Ord. 2560, § 2, 10/4/2016)