AG 2007 10 15 - Laserfiche WebLink

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repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (5) A written report addressing each of the above factors shall be submitted with the application for a variance. (6) Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this ordinance. (7) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Base Flood Elevation (BFE) and'the elevation to which the structure is to be built and that such construction below the Base Flood Elevation increases risks to life and property, and that the issuance of a variance to construct a structure below the Base Flood Elevation will result in increased premium rates for flood insurance up to $25 per $l00 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance. (8) The Eloodplain Administr2tor shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of North Carolina upon request. (9) Conditions far Variances: (a) Variances shall not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulatiops, or ordinances. (b) Variances shall not be issued within any designated floodway or non-encroachment area if the variance would result in any increase in flood levels during the base flood discharge. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Variances shall only; be issued prior to development permit approval. (e) Variances shall only be issued upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public,lor conflict with existing local laws or ordinances. (l0) A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of the following conditions are met. (a) The use serves a criCical need in the community. (b) No feasible locatiotnexists for the use outside the Special Flood Hazard Area. (c) The reference level, of any structure is elevated or floodprooted to at least the regulatory flood protec[ion elevation. (d) The use complies w~th all other applicable Federal, State and local laws. (e) Tha (ominunrry) has notified the Secretary of the North Carolina Department of Crime Control and Public Safer; of its intention to grant a variance at least thim (30) calendar days prior to granting the variance.