§ 17.70.060. Exemptions.

Exemptions to the provisions of this chapter may be made if a variance is obtained, as provided in Section 17.92.010, based on special or unique circumstances associated with the property. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants, or the property owners and must be based on compelling need. However, given health and safety concerns and the cost of insuring a building built below flood level, variances from the flood elevation or from other requirements in the flood ordinance are rare.

A.

Exemptions shall consider the following variance criteria:

1.

All technical evaluations;

2.

All relevant factors;

3.

Standards specified in other sections of this title;

4.

Danger that materials may be swept onto other lands to the injury of others;

5.

Danger of life and property due to flooding or erosion damage;

6.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

7.

Importance of the services provided by the proposed facility to the community, where applicable;

8.

Necessity to the facility of a waterfront location, where applicable;

9.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

10.

Compatibility of the proposed use with existing and anticipated development;

11.

Relationship of the proposed use to the comprehensive plan and floodplain management program for the area;

12.

Safety of access to the property in time of flood for ordinary and emergency vehicles;

13.

Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

14.

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 system, and streets and bridges.

B.

Any applicant to whom a variance is granted shall be given written notice over the signature of floodplain administrator that:

1.

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 for one hundred dollars of insurance coverage; and

2.

Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the floodplain administrator in the office of the Shasta County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

C.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(Ord. 97-4 § 33, 1997: prior code § 5.02.340 (F))