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i i on s sections 38-78 and 38-79. The plot plan must be prepared by or under the direct superv of a registered land surveyor or professional engineer and certified by same. (2) The plot plan required by subsection (1) of this section must show the floodway and non- encroachment area, if any, as identified by the Federal Emergency Management Agency or the floodway and non-encroachment area identified pursuant to either section 38-57(10) or section 38-78. (3) Where base flood elevation data is provided as set forth in section 38-32, or section 38- 57(10) of this section, the application for a development permit within the flood hazard area shall show: a. The elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures; and b. If the structure has been flood-proofed in accordance with section 38-77(2), the elevation (in relation to mean sea level) to which the structure was flood-proofed. (4) Where the base flood elevation data is not provided, the application for a development permit must show construction of the lowest floor at least two feet above the highest adjacent grade. (5) Where any watercourse will be altered or relocated as a result of proposed development, the application for a development permit shall include: a description of the extent of watercourse alteration or relocation; an engineering report on the effects of the proposed project on the flood carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation. (6) When a structure is flood-proofed, the applicant shall provide a certificate from a registered professional engineer or architect that the nonresidential flood-proofed structure meets the flood proofing criteria in section 38-77(2). (7) A floor elevation of flood proofing certification is required after the lowest floor is completed. Within 21 calendar days of establishment of the lowest floor elevation of flood proofing by whatever construction means, whichever is applicable, it shall be the duty of the permit holder to submit to the local administrator a certification of the elevation of the lowest floor, or flood-proofed elevation, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and prior to submission of the certification shall be at the permit holder's risk. The local administrator shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project. (Ord. of 2-16-87, art. 4, § B; Ord. of 10-17-94, art. 4, § B) Sec. 38-60. Variance procedures. (a) The planning and zoning commission, as established by the county, shall hear and decide requests for variances from the requirements of this division. (b) Any person aggrieved by the decision of the appeal board or any taxpayer may appeal such decision to the court, as provided in G.S. Chapter 7A. (c) Variances may be issued for the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. Item# 11 Attachment number 2 r, _ ~ Page 119 of 185