Orange County NC Website
33 <br /> utilities and facilities such as sewer, gas, electrical and water <br /> systems, and streets and bridges; and <br /> xii. The request for a variance is not after-the-fact or for a situation of <br /> one's own making. <br /> c. A written report addressing each of the above factors shall be submitted with <br /> the application for a variance. <br /> d. Upon consideration of the factors listed above and the purposes of this <br /> Ordinance, the appeal board may attach such reasonable conditions to the <br /> granting of variances as it deems necessary to further the purposes of this <br /> Ordinance. <br /> e. Variances shall not be issued within any designated floodway or non- <br /> encroachment area if any increase in flood levels during the base flood <br /> discharge would result. <br /> f. Conditions for Variances: <br /> i. Variances may not be issued when the variance will make the <br /> structure in violation of other Federal, State, or local laws, <br /> regulations, or ordinances. <br /> ii. Variances shall only be issued upon a determination that the <br /> variance is the minimum necessary, considering the flood hazard, <br /> to afford relief. <br /> iii. Variances shall only be issued upon: <br /> a. A showing of good and sufficient cause; <br /> b. A determination that failure to grant the variance would <br /> result in exceptional hardship; <br /> c. A determination that the granting of a variance will not <br /> result in increased flood heights, additional threats to public <br /> safety, or extraordinary public expense, create nuisance, <br /> cause fraud on or victimization of the public, or conflict <br /> with existing local laws or ordinances; and, <br /> d. That the circumstances on the subject property are unique <br /> to the subject property and not to properties in general <br /> g. Any applicant to whom a variance is granted shall be given written notice <br /> specifying the difference between the BFE and the elevation to which the <br /> structure is to be built and a written statement that the cost of flood insurance <br /> will be commensurate with the increased risk resulting from the reduced <br /> reference level elevation. Such notification shall be maintained with a record <br /> of all variance actions. <br /> h. The Floodplain Administrator shall maintain the records of all appeal <br /> actions and report any variances to the FEMA and the State of North Carolina <br /> upon request. <br />