Sec. 9-72. Variance Procedure.
9-72.1. Nature of Variances.The variance criteria set forth in this section of the ordinance 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 ordinance 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, its inhabitants, or the property owners.
It is the duty of the City of Monterey to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. [The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
9-72.2. Appeal Board.
9-72.2.1.The Planning Commission of the City of Monterey shall hear and decide appeals and requests for variances from the requirements of this ordinance.
9-72.2.2.The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance.
9-72.2.3.In passing upon such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:
1.the danger that materials may be swept onto other lands to the injury of others;
2.the danger to life and property due to flooding or erosion damage;
3.the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4.the importance of the services provided by the proposed facility to the community;
5.the necessity to the facility of a waterfront location, where applicable;
6.the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;
7.the compatibility of the proposed use with existing and anticipated development;
8.the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9.the safety of access to the property in times of flood for ordinary and emergency vehicles;
10.the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action where if applicable expected at the site; and,
11.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 system, and streets and bridges.
9-72.2.4.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 $25 for $100 of insurance coverage, and
2.such construction below the base flood level 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 Monterey County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
9-72.2.5.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.
9-72.2.6.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 base flood level, providing items Section 9-72.2.3(1) through Section 9-72.2.3(11) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
9-72.2.7.Upon consideration of the factors in Section 9-72.2.3 and the purpose of this ordinance, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.
9-72.2.8.The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
9-72.3. Conditions for Variances.
A.Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historical Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
B.Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
C.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 ordinance. For example, in the case of variances to an elevation requirement, this means the City Council 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 Planning Commission believes will both provide relief and preserve the integrity of the local ordinance.
D.Variances shall only be issued upon:
1.a showing of good and sufficient cause;
2.a determination that failure to grant the variance would result in exceptional hardship to the applicant; and,
3.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.
E.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 the provisions of Section 9-72.2.1 through Section 9-72.2.3 are satisfied and that 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.
F.Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Board in the office of the Monterey 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.Upon consideration of the factors of Section 9-72.2.3 and the purposes of this ordinance, the City of Monterey may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.”