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Article 2: Procedures 88 <br /> Section 2.10:Variances <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 if <br /> 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 /> 2.10.52.10.6 Additional Criteria for Authorized Variances—Watershed Protection Overlay <br /> District <br /> (A) Minor variances for dimensional requirements of the Watershed Protection Overlay District <br /> may be approved by the Board of Adjustment in accordance with Section 2.12 of this <br /> 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 variance <br /> shall be submitted for each calendar year to the Division of Water Quality on or before <br /> January 1 st 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 least <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-38 <br />