§ 17.28.190. VARIANCE PROCEDURE.

.010 The City Council of the City of Anaheim shall hear and decide appeals and requests for variances from the requirements of this chapter.

.020 The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made in the enforcement or administration of this chapter.

.030 The City Council shall be final and conclusive.

.040 In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and

.041 The danger that materials may be swept onto other lands to the injury of others;

.042 The danger to life and property due to flooding or erosion damage;

.043 The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

.044 The importance of the services provided by the proposed facility to the community;

.045 The necessity to the facility of a waterfront location, where applicable;

.046 The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;

.047 The compatibility of the proposed use with existing and anticipated development;

.048 The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

.049 The safety of access to the property in times of flood for ordinary and emergency vehicles;

.050 The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

.051 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.

.052 Upon consideration of the factors of Section 17.28.190.040 and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

.060 The City Clerk shall maintain a record of all variance actions, including justifications for their issuance, and report such variances issued in the biennial report submitted to the Federal Insurance Administration.

.070 Conditions for Variances.

.0701 Variances may be issued for the repair or rehabilitation of historic structures upon a determination that (a) the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure, and (b) the variance is the minimum necessary to preserve the historic character and design of the structure.

.0702 Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

.0703 Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

.0704 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.

.0705 Any applicant to whom a variance is granted shall be given written notice by the City Clerk that 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 $25.00 for $100.00 of insurance coverage. A copy of the notice shall be recorded by the Floodplain Administrator in the office of the Orange County Clerk Recorder and shall be recorded in the title of the affected parcel of land. (Ord. 4138 § 1 (part); June 3, 1980; Ord. 5217 § 9; May 7, 1991; Ord. 5547 § 11; December 19, 1995: Ord. 5681 § 8; May 11, 1999.)