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25 <br /> Article 2: Procedures <br /> Section 2.10:Variances <br /> (5) The necessity to the facility of a waterfront location, where applicable; <br /> (6) The availability of alternative locations, not subject to flooding or erosion <br /> damage, for the proposed use; <br /> (7) The compatibility of the proposed use with existing and anticipated development; <br /> (8) The relationship of the proposed use to the Orange County Comprehensive Plan <br /> and floodplain management program for the area; <br /> (9) The safety of access to the property in times of flood for ordinary and emergency <br /> vehicles; <br /> (10) The expected heights, velocity, duration, rate of rise, and sediment transport of <br /> the flood waters and the effects of wave action, if applicable, expected at the site; <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 /> Orange County, North Carolina—Unified Development Ordinance Page 2-33 <br />