Agenda - 11-14-2017 - D.2 - Unified Development Ordinance (UDO) and Zoning Atlas Amendments

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Article 2: ProcedurrsT Section 2.10:Variances (11) The costs of providing governmental services during and after flood co iitions including maintenance and repair of public utilities and facilities such - 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 .ne's own making. (C) A written report addressing each of the above factors shall be submitt-d with the application for a variance. (D) .on consideration of the factors listed above and the purposes • this Ordinance, the Board of Adjustment may attach such reasonable conditions to e granting of variances as it seems necessary to further the purposes of this Ordinan -. (E) Varian.-s shall not be issued within any designated floodw. or non-encroachment area if any in ease in flood levels during the base flood discha'se would result. (F) Conditions •r Variances: (1) Varia es may not be issued when the variance will make the structure in violatio of other Federal, State, or local la s, regulations, or ordinances. (2) Variances -hall only be issued upon a d: ermination that the variance is the minimum n- essary, considering the fl sod hazard, to afford relief. (3) Variances sha only be issued upon. (a) A showin o of good and s ficient cause; (b) A determin- ion that fa. re to grant the variance would result in exceptional h:rdship; (c) A determination . the granting of a variance will not result in increased flood heights, ads' ional threats to public safety, or extraordinary public expense, Great: nui .ance, cause fraud on or victimization of the public, or conflict wit existino local laws or ordinances; and, (d) That the cir'umstances on the subject property are unique to the subject property - d not to prope •ies in general. (G) Any applicant to whom . variance is granted .hall be given written notice specifying the difference between thr Base Flood Elevation :•FE) and the elevation to which the structure is to be bu' and a written statement that the cost of flood insurance will be commensurate wit- the increased risk resulting fr. the reduced reference level elevation. Such 'otification shall be maintained wit' a record of all variance actions. (H) The Floodplai Administrator shall maintain the recor. of all appeal actions and report any varianc-- to the FEMA and the State of North Caro a upon request. 2.10.5 Additional Crite a for Authorized Variances—Watershed Prote ion Overlay District (A) Minor ariances for dimensional requirements of the Watersheo Protection Overlay Distr t may be approved by the Board of Adjustment in accorda•ce with Section 2.12 of thi Ordinance. (B) e Board of Adjustment may approve variance applications to allo he use of off-site septic easements for lots created before January 1, 1994, and for non- onforming lots of record. (C A description of each project receiving a variance and the reason for grants's the variance shall be submitted for each calendar year to the Division of Water 0 ality on or before January 1st of the following year. (D) All other local governments having jurisdiction within the watershed area and the -ntity using the water supply for consumption shall be notified of the variance application -t Orange County, North Carolina—Unified Development Ordinance Page 2-39