<div class="chunk-title">Sec. 26-33. - Variance procedures.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               The county planning board as established by the county board of commissioners, hereinafter
               referred to as the appeal board, shall hear and decide requests for variances from
               the requirements of this article.
               </p>
            		
            <p class="incr0">
               (b)
               </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">
               (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 variances, the appeal board 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">
               A written report addressing each of the factors in subsection (d) of this section
               shall be submitted with the application for a variance.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               Upon consideration of the factors listed and the purposes of this article, the appeal
               board may attach such conditions to the granting of variances as it deems necessary
               to further the purposes of this article.
               </p>
            		
            <p class="incr0">
               (g)
               </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">
               (h)
               </p>
            		
            <p class="content1">
               Conditions for variances.
               </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 a 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
               or 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 administrator shall maintain the records of all appeal actions and report any
               variances to the Federal Emergency Management Agency upon request.
               </p>
            		
            <p class="historynote0">
               (Ord. of 9-19-1988, art. 4, Â§ E; Ord. of 1-2001)
               </p></div>