§ 20-64. Variance procedures.

(a)

The board of adjustment as established by the city shall hear and decide requests for variances from the requirements of this article.

(b)

Any person aggrieved by the decision of the appeal board or any taxpayer may appeal such decision to the court, as provided in G.S. ch. 7A.

(c)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places without regard to the procedures set forth in the remainder of this section.

(d)

In passing upon such applications, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, and:

(1)

The danger that materials may be swept onto other lands to the injury of others.

(2)

The danger to life and property due to flooding or erosion damage.

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(4)

The importance of the services provided by the proposed facility to the community.

(5)

The necessity to the facility of a waterfront location, where applicable.

(6)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

(7)

The compatibility of the proposed use with existing and anticipated development.

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

(10)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater, and the effects of wave action, if applicable, expected at the site.

(11)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sever, gas, electrical and water systems, and streets and bridges.

(e)

Upon consideration of the factors listed in subsection (d) of this section and the purposes of this article, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

(f)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(g)

Conditions for variances are as follows:

(1)

Variances may not be issued when the variance will make the structure in violation of other federal, state or local laws, regulations or ordinances.

(2)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(3)

Variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(4)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built, and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. This notification shall be maintained with a record of all variance actions.

(5)

The local administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(Code 1985, § 151.23)