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ORD-2009-027 Resolution Amending the County Flood Damage Prevention Subdivision Zoning Atlas Ordinance
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ORD-2009-027 Resolution Amending the County Flood Damage Prevention Subdivision Zoning Atlas Ordinance
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Last modified
6/4/2015 4:06:52 PM
Creation date
9/4/2009 4:22:37 PM
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BOCC
Date
4/21/2009
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
5b
Document Relationships
Agenda - 04-21-2009 - 5b
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 04-21-2009
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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 />L 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 hazard 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 hardship• <br />c. A determination that the granting of a variance will not result in <br />increased flood heights additional threats to public safety, or <br />extraordinary public expense create nuisance cause fiaud 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 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 fiom 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 actions <br />and report any variances to the FEMA and the State of North Carolina upon <br />request. <br />2.3.6.3 All of these findings of fact shall be made in the indicated order by the <br />Board 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 Board. <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 />2.3.6.5 Nothing in this section shall be construed to authorize the Board 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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