On 2010-11-30 at 6:30pm, a Davis City Council meeting will have a public hearing of an ordinance to repeal article 8.20. This is part of an effort to adopt part of the California Building Standards Code.
Davis Municipal Code, Chapter 8, Article 8.20 states:
8.08.020 Conditions for variances.
(a)Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic 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.
(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 subsections (a) through (d) of this section 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 Yolo County recorder, and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. No. 1464, ยง 2 (part).)
