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AG 2008 12 15
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AG 2008 12 15
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Meeting Minutes
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Board of Commissioners
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and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, <br />and streets and bridges. <br />(e) The findings listed above shall be submitted to the appeal board, in writing, and included <br />in the application for a variance. <br />(f) Upon consideration of the factors listed above, and the purposes of this article, the appeal <br />board may attach such conditions to the granting of variances as it deems necessary to further <br />the purposes of this article. <br />(g) Variances shall not be issued within any designated floodway and non-encroachment area <br />if there is any increase in flood levels during the base flood discharge. <br />(h) Conditions for variances are as follows: <br />(1) Variances may not be issued when the variance will make the structure in violation of <br />other federal, state, or local laws, regulations, or ordinances. <br />(2) Variances shall only be issued upon a determination that the variance is the minimum <br />necessary, considering the flood hazard, to afford relief; <br />(3) Variances shall only be issued upon: <br />a. A showing of good and sufficient cause; <br />b. A determination that failure to grant the variance would result in exceptional hardship; and <br />c. A determination that the granting of a variance will not result in increased [flood heights, <br />additional threats to public safety, extraordinary public expense, create] nuisance, cause fraud <br />on or victimization of the public, or conflict with existing local laws or ordinances. <br />(4) Any applicant to whom a variance is granted shall be given written notice specifying the <br />difference between the base flood elevation and the elevation to which the structure is to be <br />built and stating that the cost of flood insurance will be commensurate with the increased risk <br />resulting from the reduced lowest floor elevation. Such notification shall be maintained with <br />a record of all variance actions. <br />(5) A variance may be issued for solid waste disposal facilities or sites, hazardous waste <br />management facilities, salvage yards, and chemical storage facilities that are located in <br />Special Flood Hazard Areas provided that all of the following conditions are met. <br />(a) The use serves a critical need in the community. <br />(b) No feasible location exists for the use outside the Special Flood Hazard Area. <br />(c) The reference level of any structure is elevated or flood-proofed to at least the <br />regulatory flood protection elevation. <br />(d) The use complies with all other applicable Federal, State and local laws. <br />(e) Cabarrus County has notified the Secretary of the North Carolina Department of <br />Crime Control and Public Safety of its intention to grant a variance at least thirty (30) <br />calendar days prior to granting the variance. <br />(6) The local administrator shall maintain the records of all appeal actions and report any <br />variances to the Federal Emergency Management Agency upon request. (Ord. of 2-16-87, art. <br />4, ~ D; Ord. of 10-17-94, art. 4, ~ E) <br />Sec. 38-61. Administrative procedures. <br />(a) Inspections of work in progress. As the work pursuant to a permit progresses, the local <br />administrator shall make as many inspections of the work as may be necessary to ensure that <br />the work is being done according to the provisions of the local ordinance and the terms of the <br />permit. In exercising this power, the administrator has a right, upon presentation of proper <br />credentials, to enter on any premises within the territorial jurisdiction at any reasonable hour <br />for the purposes of inspection or other enforcement action. <br />(b) Stop-work orders. Whenever a building or part thereof is being constructed, <br />reconstructed, altered, or repaired in violation of this article, the administrator may order the <br />work to be immediately stopped. The stop-work order shall be in writing and directed to the <br />20 <br />
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