VI. Exemption and Appeal Procedures
15.74.180 Board of zoning adjustment designated.
A. The board of zoning adjustment, as established by Section 2.28.090, is designated to hear and decide appeals and requests for exemptions from the requirements of this chapter. Except as may be required in connection with other proceedings with which determination on a requested exemption is combined, no public hearing is required. The decision of the board of zoning adjustment on appeals and requests for exemptions shall be final.
B. The board of zoning adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the administrator of this chapter.
C. In passing upon appeals and requests for exemption, the board of zoning adjustment shall consider all technical evaluations, all relevant factors, standards, etc., specified in other sections of this chapter, 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 uses that 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 floodwaters and the effects of wave action, if applicable, expected at the site;
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.
D. Generally, exemptions 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 Section 15.74.190(D) has been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
E. Upon consideration of the factors of Section 15.74.190(D) and the purpose of this chapter, the city of Bakersfield board of zoning adjustment may attach such conditions to the granting of exemptions as it deems necessary to further the purpose of this chapter, and upon the issuance of any exemption to construct a structure below the base flood level that notice will be given that increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of coverage may result, and that such construction below the base flood level increases the risk to life and property. The board of zoning adjustment may require the floodplain administrator to record a copy of this notice in the office of the county recorder in such a manner that it appears in the chain of title of the affected parcel of land.
F. The floodplain administrator shall maintain a record of all appeal actions, including the justification for the issuances of any exceptions, and report such exceptions issued in required reports submitted to the Federal Insurance Administration, Federal Emergency Management Agency. (Ord. 5062 § 1, 2021; Ord. 5020 § 16, 2020; Ord. 4469 § 1, 2007)