ORD-2005-127 - Revisions to the Flood Damage Prevention Ordinance

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09/15/2005 25 5. The appealing party shall submit a written report addressing each of the above factors (5) submitted with the application for a variance. 6. Upon consideration of the factors listed above and the purposes of this Ordinance, the Board of Adjustment may attach such reasonable conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance. 7. Variances shall not be issued within any designated floodway or non - encroachment area if any increase in flood levels during the base flood discharge would result. 8. Conditions for Variances: a. Variances may not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances. b. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. c. Variances shall only be issued upon: i. A showing of good and sufficient cause; ii. A determination that failure to grant the variance would result in exceptional hardship; iii. 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; and, iv. That the circumstances on the subject property are unique to the subject property and not to properties in general. d. 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 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. e. 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. 9. The Board of County Commissioners may issue a Class A Special Use Permit for solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical �5) storage facilities that are located in SFHAs if all of the following conditions are met. A floodplain development permit may be issued for such development only if a variance is granted. a. The use serves a critical need in the Orange County.