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ORD-2005-127 - Ordinance Amending the County Flood Damage Prevention Ordinance
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ORD-2005-127 - Ordinance Amending the County Flood Damage Prevention Ordinance
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Last modified
4/29/2013 11:52:54 AM
Creation date
12/1/2010 4:24:42 PM
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BOCC
Date
10/3/2005
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
5q
Document Relationships
Agenda - 10-03-2005-5q
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Path:
\Board of County Commissioners\BOCC Agendas\2000's\2005\Agenda - 10-03-2005
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21 <br />e. The necessity to the facility of a waterfront location, where applicable; <br />f. The availability of alternative locations, not subject to flooding or erosion damage, for <br />the proposed use; <br />g. The compatibility of the proposed use with existing and anticipated development; <br />h. The relationship of the proposed use to the Land Use Element of the Orange County <br />Comprehensive Plan and floodplain management program for that area; <br />i. The safety of access to the property in times of flood for ordinary and emergency <br />vehicles; <br />j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood <br />waters and the effects of wave action, if applicable, expected at the site; <br />k. The costs of providing governmental services during and after flood conditions including <br />maintenance and repair of public utilities and facilities such as sewer, gas, electrical and <br />water systems, and streets and bridges; and <br />1. The request for a variance is not after - the -fact or for a situation of one's own making. <br />5. A written report addressing each of the above factors shall be submitted with the application <br />for a variance. <br />6. Upon consideration of the factors listed above and the purposes of this Ordinance, the appeal <br />board may attach such reasonable conditions to the granting of variances as it deems <br />necessary to further the purposes of this Ordinance. <br />7. Variances shall not be issued within any designated floodway or non - encroachment area if <br />any increase in flood levels during the base flood discharge would result. <br />8. Conditions for Variances: <br />a. Variances may not be issued when the variance will make the structure in violation of <br />other Federal, State, or local laws, regulations, or ordinances. <br />b. Variances shall only be issued upon a determination that the variance is the minimum <br />necessary, considering the flood hazard, to afford relief. <br />c. Variances shall only be issued upon: <br />i. A showing of good and sufficient cause; <br />ii. A determination that failure to grant the variance would result in exceptional <br />hardship; <br />iii. A determination that the granting of a variance will not result in increased flood <br />heights, additional threats to public safety, or extraordinary public expense, create <br />nuisance, cause fraud on or victimization of the public, or conflict with existing local <br />laws or ordinances; and, <br />
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