<div class="chunk-title">Sec. 34-49. - Variance procedures.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               
            </p>
            		
            <p class="content1">
               The board of commissioners shall hear and decide appeals and requests for variances
               from the requirements of this chapter.
               
            </p>
            		
            <p class="incr0">
               (b)
               
            </p>
            		
            <p class="content1">
               Any person aggrieved by the decision of the board of commissioners or any taxpayer
               may appeal such decision to the court, as provided in G.S. 7A-1 et seq.
               
            </p>
            		
            <p class="incr0">
               (c)
               
            </p>
            		
            <p class="content1">
               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.
               
            </p>
            		
            <p class="incr0">
               (d)
               
            </p>
            		
            <p class="content1">
               In passing upon such applications, the board of commissioners shall consider all technical
               evaluations, all relevant factors, all standards specified in other sections of this
               chapter, and the:
               
            </p>
            		
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               Danger that materials may be swept onto other lands to the injury of others;
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               Danger to life and property due to flooding or erosion damage;
               
            </p>
            		
            <p class="incr1">
               (3)
               
            </p>
            		
            <p class="content2">
               Susceptibility of the proposed facility and its contents to flood damage and the effect
               of such damage on the individual owner;
               
            </p>
            		
            <p class="incr1">
               (4)
               
            </p>
            		
            <p class="content2">
               Importance of the services provided by the proposed facility to the community;
               
            </p>
            		
            <p class="incr1">
               (5)
               
            </p>
            		
            <p class="content2">
               Necessity to the facility of a waterfront location, where applicable;
               
            </p>
            		
            <p class="incr1">
               (6)
               
            </p>
            		
            <p class="content2">
               Availability of alternative locations not subject to flooding or erosion damage for
               the proposed use;
               
            </p>
            		
            <p class="incr1">
               (7)
               
            </p>
            		
            <p class="content2">
               Compatibility of the proposed use with existing and anticipated development;
               
            </p>
            		
            <p class="incr1">
               (8)
               
            </p>
            		
            <p class="content2">
               Relationship of the proposed use to the comprehensive plan and floodplain management
               program for that area;
               
            </p>
            		
            <p class="incr1">
               (9)
               
            </p>
            		
            <p class="content2">
               Safety of access to the property in times of flood for ordinary and emergency vehicles;
               
            </p>
            		
            <p class="incr1">
               (10)
               
            </p>
            		
            <p class="content2">
               Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters
               and the effects of wave action, if applicable, expected at the site; and
               
            </p>
            		
            <p class="incr1">
               (11)
               
            </p>
            		
            <p class="content2">
               Costs of providing governmental services during and after flood conditions, including
               maintenance and repair of public utilities and facilities, such as sewer, gas, electrical,
               and water systems and streets and bridges.
               
            </p>
            		
            <p class="incr0">
               (e)
               
            </p>
            		
            <p class="content1">
               Upon consideration of the factors listed in subsection (d) of this section, and the
               purposes of this chapter, the board of commissioners may attach such conditions to
               the granting of variances as it deems necessary to further the purposes of this chapter.
               
            </p>
            		
            <p class="incr0">
               (f)
               
            </p>
            		
            <p class="content1">
               Variances shall not be issued within any designated floodway if any increase in flood
               levels during the base flood discharge would result.
               
            </p>
            		
            <p class="incr0">
               (g)
               
            </p>
            		
            <p class="content1">
               The conditions for variances are as follows:
               
            </p>
            		
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               Variances may not be issued when the variance will make the structure in violation
               of other federal, state, or local laws, regulations or ordinances.
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               Variances shall only be issued upon a determination that the variance is the minimum
               necessary, considering the flood hazard, to afford relief.
               
            </p>
            		
            <p class="incr1">
               (3)
               
            </p>
            		
            <p class="content2">
               Variances shall only be issued upon a:
               
            </p>
            		
            <p class="incr2">
               a.
               
            </p>
            		
            <p class="content3">
               Showing of good and sufficient cause;
               
            </p>
            		
            <p class="incr2">
               b.
               
            </p>
            		
            <p class="content3">
               Determination that failure to grant the variance would result in exceptional hardship;
               and
               
            </p>
            		
            <p class="incr2">
               c.
               
            </p>
            		
            <p class="content3">
               Determination that the granting of variance will not result in increased flood heights,
               additional threats to public safety, extraordinary public expense; create nuisance;
               cause fraud on or victimization of the public; or conflict with existing local laws
               and ordinances.
               
            </p>
            		
            <p class="incr1">
               (4)
               
            </p>
            		
            <p class="content2">
               Any applicant to whom a variance is granted shall be given written notice specifying
               the difference between the base flood elevation and the elevation to which the structure
               is to be built, and a written statement that the cost of flood insurance will be commensurate
               with the increased risk resulting from the reduced lowest floor elevation. Such notification
               shall be maintained with a record of all variance actions.
               
            </p>
            		
            <p class="incr1">
               (5)
               
            </p>
            		
            <p class="content2">
               The local administrator shall maintain the records of all appeal actions and report
               any variances to the Federal Emergency Management Agency (FEMA) upon request.
               
            </p>
            		
            <p class="historynote0">
               (Code 1993, Â§ 34-49; Ord. of 6-4-1991(1), art. 4, Â§ E)
               
            </p></div>