Orange County NC Website
Article 2 : Procedures <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 Is h 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 situati of one ' s own <br /> making . <br /> ( C) A wri n report addressing each of the above factors shall be Is mitted with the <br /> applica ' n for a variance . <br /> ( D ) Upon cons ' eration of the factors listed above and the pur ses of this Ordinance , the <br /> Board of Adj tment may attach such reasonable conditi ns to the granting of variances <br /> as it deems ne essary to further the purposes of this dinance . <br /> ( E) Variances shall n be issued within any designate loodway or non - encroachment area if <br /> any increase in floo levels during the base flood ischarge would result . <br /> ( F) Conditions for Varianc : <br /> ( 1 ) Variances may n t be issued wh the variance will make the structure in <br /> violation of other deral , Stat , or local laws , regulations , or ordinances . <br /> (2) Variances shall only b issu d upon a determination that the variance is the <br /> minimum necessary, co ering the flood hazard , to afford relief . <br /> (3) Variances shall only b iss ed upon : <br /> ( a) A showing good an sufficient cause ; <br /> ( b) A deter ination that failu to grant the variance would result in <br /> exce onal hardship ; <br /> ( c) A etermination that the grant g of a variance will not result in increased <br /> od heights , additional threats public safety , or extraordinary public <br /> expense , create nuisance , cause ud on or victimization of the public , <br /> or conflict with existing local laws or rdinances ; and , <br /> That the circumstances on the subject operty are unique to the subject <br /> property and not to properties in general . <br /> ( G ) Any pplicant to whom a variance is granted shall be given w ' ten notice specifying the <br /> dif rence between the Base Flood Elevation ( BFE ) and the ele tion to which the <br /> ructure is to be built and a written statement that the cost of floo insurance will be <br /> commensurate with the increased risk resulting from the reduced re rence level <br /> elevation . Such notification shall be maintained with a record of all va ' ance actions . <br /> The Floodplain Administrator shall maintain the records of all appeal acti Is and report <br /> any variances to the FEMA and the State of North Carolina upon request . <br /> 2e10w62 . 10 . 6 Additional Criteria for Authorized Variances —Watershed Protection Overlay <br /> District <br /> Minor variances for dimensional requirements of the Watershed Protection Oyp. ay District <br /> be approved by the Board of Adjustment in accordance with Sectio 2 of this <br /> Ordina <br /> ( B ) The Board of Adjus t may approve variance appli eRi6hs to allow the use of off- site <br /> septic easements for lots c d before Janu , 1994 , and for non - conforming lots of <br /> record . <br /> ( C) A description of each project iving a varia nd the reason for granting the variance <br /> shall be submitted for calendar year to the Divisi Water Quality on or before <br /> January 1 st of ollowing year . <br /> ( D ) All o ocal governments having jurisdiction within the watershed area he entity <br /> sing the water supply for consumption shall be notified of the variance applicatio at least <br /> Orange County, North Carolina — Unified Development Ordinance Page 2111,38 <br />