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Agenda - 10-03-2005-5q
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Agenda - 10-03-2005-5q
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Last modified
9/2/2008 2:35:02 AM
Creation date
8/29/2008 10:48:44 AM
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BOCC
Date
10/3/2005
Document Type
Agenda
Agenda Item
5q
Document Relationships
ORD-2005-127 - Ordinance Amending the County Flood Damage Prevention Ordinance
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2005
RES-2005-077 Resolution and Ordinance to Provide for Flood Damage Prevention in Orange County
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2005
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09/26/2005 28 <br />5. The appealing party shall submit a Hn°itten report addressing each of the above factors <br />~5) submitted with the application for a var°iance. T" ~ ''• ""`"' `" ""''"'"""" ia~ "{ t'"s <br />b ~ ~ <br />6. Upon consideration of the factors listed above and the purposes of this Ordinance, the Board <br />ofAdjustment 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 azea if <br />any increase in flood levels during the base flood discharge would result. <br />8. Conditions for Vaziances: <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 vaziance is the minimum <br />necessary, , considering the flood hazazd, 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 variance would result in exceptional <br />hardship; <br />iii. A determination that the granting of a variance 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 properly are unique to the subject property and <br />not to properties irz general. <br />d. Any applicant to whom a variance is granted shall be 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 cost of flood insurance will be commensurate with the <br />increased risk resulting from the reduced reference level elevation. Suclr 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 variances to the FEMA and the State of North Carolina upon request. <br />9. The Board of County Commissioners nzay issue a Class A Special Use Permit for solid waste <br />disposal facilities, hazardous waste management facilities, salvage yards, and chemical <br />~g~ storage facilities that are located in SFHAs if all of the following conditions are met A <br />floodplairz development permit may be issued for such development only if a variance is <br />granted <br />a. The use serves a a•itical need in the Or°ange Cozmty <br />
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