§ 82-28.1202. Appeal process.

(1)

The zoning administrator of Contra Costa County shall hear and decide appeals and requests for variances from the requirements of this ordinance.

(2)

The zoning administrator 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.

(3)

In passing upon such applications, the zoning administrator shall consider all technical evaluations, all relevant factors and standards as specified in this ordinance, and all other relevant factors including, but not limited to the following:

(a)

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

(b)

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

(c)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the owner and future owners of the property and the community;

(d)

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

(e)

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

(f)

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

(g)

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

(h)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(i)

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

(j)

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

(k)

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, water systems, streets and bridges.

(4)

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, provided Section 82-28.1202(3) factors have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance will increase.

(5)

Upon consideration of the factors of Section 82-28.1202(3) and the purposes of this ordinance, the zoning administrator may attach such conditions to the granting of variances as deemed necessary to further the purposes of this ordinance.

(6)

Appeals from zoning administrator decisions may be made in the time and manner provided in Contra Costa County Ordinance Code Article 26-2.24 to the planning commission and board of supervisors upon payment of prescribed fees.

(7)

The floodplain administrator shall maintain the records of all appeal actions and report any variances granted to the FIA upon request.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).