CHAPTER 6
FLOODPLAIN MANAGEMENT
ARTICLE 5. VARIANCES
SECTION:
§9636: Agricultural Structures
§9635 VARIANCES, IN ADDITION
In addition to the variance provisions of Appendix G:
A. The considerations and conditions for variances set forth in Appendix G 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 issued for a parcel of property with physical characteristics so unusual that complying with the requirements of these Regulations 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. The issuance of a variance is for floodplain management purposes only. Federal flood insurance premium rates are determined by the National Flood Insurance Program according to actuarial risk and will not be modified by the granting of a variance.
B. It is the duty of the City Council of the City of Ukiah to promote public health, safety and welfare and minimize losses from flooding. This duty is so compelling and the implications of property damage and the cost of insuring a structure built below flood level are so serious that variances from the elevation or other requirements in the building codes should be quite rare. The long-term goal of preventing and reducing flood loss and damage, and minimizing recovery costs, inconvenience, danger, and suffering, can only be met when variances are strictly limited. Therefore, the variance requirements in these Regulations are detailed and contain multiple provisions that must be met before a variance can be properly issued. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. (Ord. 1259, §6, adopted 2025)
§9636 AGRICULTURAL STRUCTURES
A variance is authorized to be issued for the construction or substantial improvement of agricultural structures that are not elevated or dry floodproofed, provided the requirements of this Article are satisfied and:
A. A determination has been made that the proposed agricultural structure:
1. Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.
2. Has low damage potential.
3. Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or water reactive materials.
4. Complies with the wet floodproofing construction requirements of paragraph B, below.
B. Wet floodproofing construction requirements.
1. Anchored to resist flotation, collapse, and lateral movement.
2. When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 24, Chapter 2.
3. Flood damage-resistant materials are used below the base flood elevation.
4. Mechanical, electrical, and utility equipment are elevated above the base flood elevation. (Ord. 1259, §6, adopted 2025)