§ 1780-620. CONDITIONS FOR VARIANCES

(a)

Variances to allow wet floodproofing of new or substantially improved non-residential structures may be issued for the following categories of Structures:

(1)

Structures functionally dependent upon close proximity to water;

(2)

Accessory Structures used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds); and

(3)

Agricultural structures used exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, storage of agricultural equipment, or providing temporary shelter for livestock.

(b)

Variances may also be issued for the repair or rehabilitation of "historic structures" (as defined in Section 1780-210 of this Chapter) 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 Chapter. For example, in the case of variances to an elevation requirement, this means the Board 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 Board believes will both provide relief and preserve the integrity of the local ordinance.

(e)

Variances shall only be issued where the structure can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. Portions of wet-floodproofed structures located below the BFE must be constructed with materials resistant to flood damage. Any mechanical and utility equipment within a wet-floodproofed structure must be elevated or floodproofed to at least the BFE.

(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 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

(2)

Such construction below the base flood level increases risks to life and property. The Floodplain Administrator may record a copy of the notice in the Office of the Sutter County Recorder which shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(g)

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 Emergency Management Agency.

(h)

Following the denial of a variance application or revocation of a variance, no application for a variance for the same or substantially the same variance on the same or substantially the same site shall be filed within six months from the date of the denial or revocation thereon.

(i)

Prior to issuance of a building permit to allow wet-floodproofing of any structure other than a detached two-car garage or small, low-cost shed, the owner will be required to execute an indemnity agreement with the County. The Floodplain Administrator shall record a copy of the agreement in the Office of the Sutter County Recorder.

(j)

An "accessory structure" used solely for parking (two car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 1780-210, may be constructed such that its floor is below the BFE, provided the owner applies for and receives a wet-floodproofing variance. The accessory structure must be designed and constructed in accordance with the following requirements:

(1)

Use of the accessory structure must be limited to parking or limited storage;

(2)

The portions of the accessory structure located less than one foot above the BFE must be built using flood-resistant materials;

(3)

The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;

(4)

Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to at least one foot above the BFE;

(5)

The accessory structure must comply with floodplain encroachment provisions in Section 1780-555; and

(6)

The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 1780-530(c).

Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Sections 1780-520 through 1780-555.

(k)

An agricultural structure may be constructed such that its floor is below the BFE, provided the owner applies for and receives a wet-floodproofing variance.

A wet-floodproofing agricultural building may not be used for any purpose except those expressly listed in this Section.

No variance to incorporate wet-floodproofing will be allowed for proposed agricultural structures unless the primary use of the parcel upon which the structure would be located is in connection with the production, harvesting, storage, drying or raising of crops, including livestock. An agricultural structure located on a homesite parcel associated with an adjacent farming operation would be considered eligible for a wet-floodproofing variance.