Land Development Ordinance - Amended 6-3-2024

extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(2) Application Requirements . A written report addressing each of the factors included in this Subsection shall be submitted with the application for a variance, in accordance with Article Q Procedures & Administration. (3) Variance Approval . In passing upon variances, the Board of Adjustment shall address the finding of facts required under the North Carolina General Statutes §160D-705(d) and §160D-1402. In consideration of the findings of fact, all technical evaluations, all relevant factors, all standards specified in other parts of the Flood Damage Prevention Regulations shall be considered, including:

A. Material & Debris Causing Damage . The danger that materials may be swept into other lands to the injury of others.

B. Danger to Life & Property . The danger to life and property due to flooding or erosion damage.

C. Contents of Facility . The susceptibility of the facility and its contents to flood damage and the effect of such damage on the individual owner(s).

D. Service Provided . The importance of the services provided by the facility to the community.

E. Necessity of Location . The necessity to this facility of a waterfront location as defined under Article S Interpretations & Definitions of the Land Development Ordinance as a “functionally dependent facility” where applicable.

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

G. Compatibility . The compatibility of the use with existing and anticipated development.

H. Relationship to Applicable Adopted Plans & Floodplain Management Program . The relationship of the proposed use to the applicable adopted plans and floodplain management program for that area.

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

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