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Agenda - 04-21-2009 - 5b
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Agenda - 04-21-2009 - 5b
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Last modified
2/21/2012 4:53:15 PM
Creation date
4/17/2009 4:38:57 PM
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BOCC
Date
4/21/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5b
Document Relationships
Minutes - 20090421
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2009
ORD-2009-027 Resolution Amending the County Flood Damage Prevention Subdivision Zoning Atlas Ordinance
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2009
RES-2009-027a Flood Ordinance
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2009
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9 <br />rg anting of variances as it deems necessary to further the purposes of this <br />Ordinance. <br />e. Variances shall not be issued within an~signated floodway or non- <br />encroachment azea if any increase in flood levels during the base flood <br />discharge would result. <br />£ Conditions for Variances: <br />i. Variances may not be issued when the variance will make the structure in <br />violation of other Federal, State, or local laws, regulations, or ordinances. <br />ii. Variances shall only be issued upon a determination that the variance is <br />the minimum necessary, considering the flood hazazd, 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 result in <br />exceptional hazdshi~, <br />c. A determination that the rg_anting of a variance will not result in <br />increased flood heights, additional threats to public safety, or <br />extraordinary public expense, create nuisance, cause fraud on or <br />victimization of the public, or conflict with existing local laws or <br />ordinances; and, <br />d. That the circumstances on the subject property are unique to the <br />subject property and not to properties in eg neral <br />g. Any applicant to whom a variance is Qranted shall be given written notice <br />specif~ne 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 apueal actions <br />and report -any variances to the FEMA and the State of North Carolina u~ <br />re uest. <br />2.3.6.33 All of these findings of fact shall be made in the indicated order by the <br />Boazd of Adjustment, which is not empowered to grant a variance without <br />an affirmative finding of fact shall be supported by substantial evidence in <br />the record of proceedings before the Boazd. <br />2.3.6.4 The Board may impose reasonable conditions upon the granting of any <br />variance to insure that the public health, safety, and general welfare shall <br />be protected and substantial justice done. <br />2.3.6.45 Nothing in this section shall be construed to authorize the Boazd to permit a <br />use in a district where that use is neither a Permitted Use nor a Special Use. <br />
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