<div class="chunk-title">Sec. 16.5-54. - Procedures for determining exceptions to the requirements.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               The development review board (DRB) as established by the Durham Zoning Ordinance and
               the Durham Subdivision Ordinance shall hear and decide requests for exceptions to
               these requirements. Any exceptions made shall require compliance with the conditions
               of subsection (d)(8) below.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Any person aggrieved by the decision of the DRB or any taxpayer may appeal such decision
               to the court, as provided in G.S. ch. 7A.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               Exceptions to the requirements may be allowed for the repair or rehabilitation of
               historic structures in areas of special flood hazards upon the determination that
               the proposed repair or rehabilitation will not preclude the structure's continued
               designation as an historic structure and the modification is the minimum necessary
               to preserve the historic character and design of the structure.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               In deciding upon such applications, the DRB shall consider all technical evaluations,
               all relevant factors, all standards specified in other sections of this article 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">
               The findings listed above shall be submitted to the DRB, in writing and included in
               the permanent record of the decision.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               Upon consideration of the factors listed above and the purposes of this article, the
               DRB may attach such conditions as it deems necessary to further the purposes of this
               article.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               Exceptions shall not be allowed within any designated floodway if any increase in
               flood levels during the base flood discharge would result.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               Required conditions:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Exceptions may not be made when the modification will make he structure in violation
               of other federal, state or local laws, regulations or ordinances.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Exceptions shall only be made upon a determination that the modification is the minimum
               necessary, considering the flood hazard, to afford relief.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Exceptions shall only be issued upon (i) a showing of good and sufficient cause; (ii)
               a determination that failure to grant the exceptions would result in unusual hardship
               to the owner of the property that was not caused, in whole or in major part, by the
               property owner and, (iii) a determination that the exception 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 or ordinances.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Any applicant to whom an exception is allowed 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 such exceptions.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The local administrator shall maintain the records of all appeal actions and report
               any actions to the Federal Emergency Management Agency upon request.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               If any exception is made by the DRB to allow structures to be floodproofed in lieu
               of elevation, the structure shall be subject to the following standards:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               All areas of the structure below the required elevation shall be watertight with walls
               substantially impermeable to the passage of water.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The structural components shall have the capability of resisting hydrostatic and hydrodynamic
               loads and the effect of buoyancy.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               A state registered professional engineer or architect shall certify that these standards
               are satisfied.
               </p>
            		
            <p class="historynote0">
               (Ord. of 4-22-96, Â§ 1)
               </p></div>