ORD-2014-010 Correction to Ordinance 2014-001 Board of Adjustment Operations and Procedures

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Article 2: Procedures $ Section 2.10: Variances 2.10.4 Additional Criteria for Authorized Variances —Special Flood Hazard Area Overlay Zoning District In addition to the criteria contained within Section 2.10.3, any application for a variance from the Special Flood Hazard Area Overlay Zoning District shall abide by the following additional criteria: (A) Variances may be issued for the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (B) In considering variances from the requirements of the Special Flood Hazard Area Overlay Zoning District, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Ordinance, and :6 (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to Orange County; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the Orange County Comprehensive Plan and floodplain management program for the area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; (11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges; and (12) The request for a variance is not after - the -fact or for a situation of one's own making. (C) A written report addressing each of the above factors shall be submitted with the application for a variance. (D) 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. (E) 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. (F) Conditions for Variances: (1) Variances may not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 6 Standards governing the issuance of a variance within a floodplain are consistent with FEMA requirements. Applicants are still required to demonstrate compliance with these provisions when requesting a variance. Orange County, North Carolina — Unified Development Ordinance Page 2 -32