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(ii) A determination that failure to grant the variance would result in exceptional hardship; and
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<br />(iii)A determination that the granting of a variance will not result in increased flood heights,
<br />additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud
<br />on or victimization of the public, or conflict with existing local laws or ordinances.
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<br />PART 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
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<br />SECTION A. GENERAL STANDARDS
<br />In all Special Flood Hazard Areas the following provisions are required:
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<br />(1) All new construction and substantial improvements shall be designed (or modified) and adequately anchored
<br />to prevent flotation, collapse, and lateral movement of the structure.
<br />(2) All new construction and substantial improvements shall be constructed with materials and utility equipment
<br />resistant to flood damage in accordance with the FEMA Technical Bulletin 2, Flood Damage-Resistant
<br />Materials Requirements.
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<br />(3)All new construction and substantial improvements shall be constructed by methods and practices that
<br />minimize flood damages.
<br />(4)All new electrical, heating, ventilation, air-conditioning, plumbing, duct systems, and other building utility
<br />systems, equipment, and service facilities must be located at or above the Regulatory Flood Protection
<br />Elevation or specially designed to prevent water from entering or accumulating within the components and
<br />installed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during
<br />the occurrence of flooding to the Regulatory Flood Protection Elevation. Utility systems, equipment, and
<br />service facilities include, but are not limited to, HVAC equipment, water softener units, bath/kitchen plumbing
<br />fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, water heaters, fuel tanks, and electric
<br />outlets/switches.
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<br />(a)Replacements part of a substantial improvement, electrical, heating, ventilation, plumbing, air
<br />conditioning equipment, and other service equipment shall also meet the above provisions.
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<br />(b)Replacements that are for maintenance and not part of a substantial improvement, may be installed
<br />at the original location provided the addition and/or improvements only comply with the standards for
<br />new construction consistent with the code and requirements for the original structure.
<br />
<br />(5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of
<br />floodwaters into the system.
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<br />(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of
<br />floodwaters into the systems and discharges from the systems into flood waters.
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<br />(7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or
<br />contamination from them during flooding.
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<br />(8) Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a building or structure
<br />existing on the effective date of this ordinance and located totally or partially within the floodway, non-
<br />encroachment area, or stream setback, provided there is no additional encroachment below the Regulatory
<br />Flood Protection Elevation in the floodway, non-encroachment area, or stream setback, and provided that
<br />such repair, reconstruction, or replacement meets all of the other requirements of this ordinance.
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<br />Page 19 of 28
<br />2021 NC Model Ordinance, Non-Coastal Amended
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