Orange County NC Website
09/15/2005 25 <br />5. The appealing party shall submit a wr°itten report addressing each of the above factors <br />~5) submitted with tlae application for n variance. <br />6. Upon consideration of the factors listed above and the purposes of this Ordinance, the Board <br />of Adjushnent may attach such reasonable conditions to the granting of vaziances as it deems <br />necessary to further the purposes of this Ordinance. <br />7. 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 />8, Conditions for Variances: <br />a. Variances may not be issued when the variance will make the structure in violation of <br />other Federal, State, or local laws, regulations, or ordinances. <br />b. Vaziances shall only be issued upon a determination that the variance is the minimum <br />necessary, considering the flood hazard, to afford relief; <br />c. Vaziances shall only be issued upon: <br />i. A showing of good and sufficient cause; <br />ii, A determination that failure to grant the vaziance would result in exceptional <br />hardship; <br />iii. A determination that the granting of a vaziance will not result in increased flood <br />heights, additional threats to public safety, or extraordinary public expense, create <br />nuisance, cause fraud on or victimization of the public, or conflict with existing local <br />laws or ordinances; and, <br />iv That the circumstances on the subject property are unique to the subject property and <br />not to properties in general. <br />d. Any applicant to whom a variance is granted shall he given written notice specifying the <br />difference between the BFE and the elevation to which the structure is to be built and a <br />written statement that the cast of flood insurance will be commensurate with the <br />increased risk resulting from the reduced reference level elevation. Such notification <br />shall be maintained with a record of all variance actions.. <br />e. The Floodplain Administrator shall maintain the records of all appeal actions and report <br />any vaziances to the F);MA and the State of North Carolina upon request. <br />9. The Board of County Commissioners nany issue a Class A Special Use Permit for solid waste <br />disposal facilities, hazardous waste management facilities, salvage yards, and chemical <br />~g~ star°age facilities that are located in SFHAs if all of the following conditions are naet. A <br />jloodplain development permit naay be issued for such development only if a variance is <br />granted. <br />a. The use ser°ves a critical need in the Orange County. <br />