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Article 2: Procedures <br /> Section 2.10: Variances <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-39 <br /> <br />(11) The costs of providing governmental services during and after flood conditions <br />including maintenance and repair of public utilities and facilities such as sewer, <br />gas, electrical and water systems, and streets and bridges; and <br />(12) The request for a variance is not after-the-fact or for a situation of one’s own <br />making. <br />(C) A written report addressing each of the above factors shall be submitted with the <br />application for a variance. <br />(D) Upon consideration of the factors listed above and the purposes of this Ordinance, the <br />Board of Adjustment may attach such reasonable conditions to the granting of variances <br />as it deems necessary to further the purposes of this Ordinance. <br />(E) Variances shall not be issued within any designated floodway or non-encroachment area <br />if any increase in flood levels during the base flood discharge would result. <br />(F) Conditions for Variances: <br />(1) 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 />(2) Variances shall only be issued upon a determination that the variance is the <br />minimum necessary, considering the flood hazard, to afford relief. <br />(3) 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 increased <br />flood heights, additional threats to public safety, or extraordinary public <br />expense, create nuisance, cause fraud on or victimization of the public, <br />or conflict with existing local laws or ordinances; and, <br />(d) That the circumstances on the subject property are unique to the subject <br />property and not to properties in general. <br />(G) Any applicant to whom a variance is granted shall be given written notice specifying the <br />difference between the Base Flood Elevation (BFE) and the elevation to which the <br />structure is to be built and a written statement that the cost of flood insurance will be <br />commensurate with the increased risk resulting from the reduced reference level <br />elevation. Such notification shall be maintained with a record of all variance actions. <br />(H) The Floodplain Administrator shall maintain the records of all appeal actions and report <br />any variances to the FEMA and the State of North Carolina upon request. <br />2.10.5 Additional Criteria for Authorized Variances –Watershed Protection Overlay District <br />(A) Minor variances for dimensional requirements of the Watershed Protection Overlay <br />District may be approved by the Board of Adjustment in accordance with Section 2.12 of <br />this Ordinance. <br />(B) The Board of Adjustment may approve variance applications to allow the use of off-site <br />septic easements for lots created before January 1, 1994, and for non-conforming lots of <br />record. <br />(C) A description of each project receiving a variance and the reason for granting the <br />variance shall be submitted for each calendar year to the Division of Water Quality on or <br />before January 1st of the following year. <br />(D) All other local governments having jurisdiction within the watershed area and the entity <br />using the water supply for consumption shall be notified of the variance application at <br /> 106