<div class="chunk-title">Sec. 18-29. - Variance procedures.</div>
<div class="chunk-content">
            <p class="incr0">
               (1)
               </p>
            		
            <p class="content1">
               The board of adjustments as established by Craven County, hereinafter referred to
               as the "appeal board", shall hear and decide requests for variances from the requirements
               of this chapter.
               </p>
            		
            <p class="incr0">
               (2)
               </p>
            		
            <p class="content1">
               Any person aggrieved by the decision of the appeal board may appeal such decision
               to the court, as provided in G.S. ch. 7A.
               </p>
            		
            <p class="incr0">
               (3)
               </p>
            		
            <p class="content1">
               Variances may be issued for:
               </p>
            		
            <p class="incr1">
               (a)
               </p>
            		
            <p class="content2">
               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="incr1">
               (b)
               </p>
            		
            <p class="content2">
               Functionally dependent facilities if determined to meet the definition as stated in
               article II of this chapter, provided provisions of article IV, subsections <a href="" data-chunk-id="CD_ORD_CH18FLDAPR_ARTIVAD_S18-29VAPR" class="section-link" data-product-id="14528">18-29</a>(9)(b), (c), and (e) have been satisfied, and such facilities are protected by methods
               that minimize flood damages during the base flood and create no additional threats
               to public safety; or
               </p>
            		
            <p class="incr1">
               (c)
               </p>
            		
            <p class="content2">
               Any other type of development provided it meets the requirements of this section.
               </p>
            		
            <p class="incr0">
               (4)
               </p>
            		
            <p class="content1">
               In passing upon variances, the appeal board shall consider all technical evaluations,
               all relevant factors, all standards specified in other sections of this chapter, and:
               </p>
            		
            <p class="incr1">
               (a)
               </p>
            		
            <p class="content2">
               The danger that materials may be swept onto other lands to the injury of others;
               </p>
            		
            <p class="incr1">
               (b)
               </p>
            		
            <p class="content2">
               The danger to life and property due to flooding or erosion damage;
               </p>
            		
            <p class="incr1">
               (c)
               </p>
            		
            <p class="content2">
               The 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">
               (d)
               </p>
            		
            <p class="content2">
               The importance of the services provided by the proposed facility to the community;
               </p>
            		
            <p class="incr1">
               (e)
               </p>
            		
            <p class="content2">
               The necessity to the facility of a waterfront location, where applicable;
               </p>
            		
            <p class="incr1">
               (f)
               </p>
            		
            <p class="content2">
               The availability of alternative locations, not subject to flooding or erosion damage,
               for the proposed use;
               </p>
            		
            <p class="incr1">
               (g)
               </p>
            		
            <p class="content2">
               The compatibility of the proposed use with existing and anticipated development;
               </p>
            		
            <p class="incr1">
               (h)
               </p>
            		
            <p class="content2">
               The relationship of the proposed use to the comprehensive plan and floodplain management
               program for that area;
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The safety of access to the property in times of flood for ordinary and emergency
               vehicles;
               </p>
            		
            <p class="incr1">
               (j)
               </p>
            		
            <p class="content2">
               The expected heights, velocity, duration, rate of rise, and sediment transport of
               the flood waters and the effects of wave action, if applicable, expected at the site;
               and
               </p>
            		
            <p class="incr1">
               (k)
               </p>
            		
            <p class="content2">
               The 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">
               (5)
               </p>
            		
            <p class="content1">
               A written report addressing each of the above factors shall be submitted with the
               application for a variance.
               </p>
            		
            <p class="incr0">
               (6)
               </p>
            		
            <p class="content1">
               Upon consideration of the factors listed above and the purposes of this chapter, the
               appeal board may attach such conditions to the granting of variances as it deems necessary
               to further the purposes of this chapter.
               </p>
            		
            <p class="incr0">
               (7)
               </p>
            		
            <p class="content1">
               Any applicant to whom a variance is granted shall be given written notice specifying
               the difference between the BFE and the elevation to which the structure is to be built
               and that such construction below the BFE increases risks to life and property, and
               that the issuance of a variance to construct a structure below the BFE may result
               in increased premium rates for flood insurance up to $25.00 per $100.00 of insurance
               coverage. Such notification shall be maintained with a record of all variance actions,
               including justification for their issuance.
               </p>
            		
            <p class="incr0">
               (8)
               </p>
            		
            <p class="content1">
               The floodplain administrator shall maintain the records of all appeal actions and
               report any variances to the FEMA and the State of North Carolina upon request.
               </p>
            		
            <p class="incr0">
               (9)
               </p>
            		
            <p class="content1">
               Conditions for variances:
               </p>
            		
            <p class="incr1">
               (a)
               </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">
               (b)
               </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">
               (c)
               </p>
            		
            <p class="content2">
               Variances shall only be issued upon:
               </p>
            		
            <p class="incr2">
               (i)
               </p>
            		
            <p class="content3">
               A showing of good and sufficient cause;
               </p>
            		
            <p class="incr2">
               (ii)
               </p>
            		
            <p class="content3">
               A determination that failure to grant the variance would result in exceptional hardship;
               and
               </p>
            		
            <p class="incr2">
               (iii)
               </p>
            		
            <p class="content3">
               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, or conflict with existing
               local laws or ordinances.
               </p>
            		
            <p class="incr1">
               (d)
               </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 (BFE) 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 reference
               level elevation. Such notification shall be maintained with a record of all variance
               actions.
               </p>
            		
            <p class="incr1">
               (e)
               </p>
            		
            <p class="content2">
               The floodplain administrator 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.
               </p>
            		
            <p class="incr0">
               (10)
               </p>
            		
            <p class="content1">
               A variance may be issued for solid waste disposal facilities, 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 floodplain
               development permit may be issued for such development only if a variance is granted.
               </p>
            		
            <p class="incr1">
               (a)
               </p>
            		
            <p class="content2">
               The use serves a critical need in the community.
               </p>
            		
            <p class="incr1">
               (b)
               </p>
            		
            <p class="content2">
               No feasible location exists for the use outside the special flood hazard area.
               </p>
            		
            <p class="incr1">
               (c)
               </p>
            		
            <p class="content2">
               The reference level of any structure is elevated or floodproofed to at least the regulatory
               flood protection level.
               </p>
            		
            <p class="incr1">
               (d)
               </p>
            		
            <p class="content2">
               The use complies with all other applicable federal, state and local laws.
               </p>
            		
            <p class="incr1">
               (e)
               </p>
            		
            <p class="content2">
               Craven County has notified the Secretary of the North Carolina Department of Crime
               Control and Public Safety of its intention to grant a variance at least 30 days prior
               to granting the variance.
               </p>
            		
            <p class="historynote0">
               (<a class="ordinance-link" href="" data-product-id="14528" data-ordinance-id="1094487">Res. of 7-6-2021</a>)
               </p></div>