Carolina Department of Public Safety of its intention to grant a variance at least 30 calendar days prior to granting the variance.
(7) Variance Prohibited . The following conditions shall not permit the granting of a variance:
A. Violation of Federal, State, or Local Laws . Variances shall not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances.
B. Designated Floodway or Non-Encroachment Area . Variances shall not be issued within any designated floodway or non-encroachment area if the variance would result in any increase in flood levels during the base flood discharge.
(8) Appeal . Any person aggrieved by the decision of the Board of Adjustment may appeal such decision to Wake Superior Court as provided in Chapter 160D-1405 of the North Carolina General Statutes.
(9) Records Maintenance . The Director of Engineering or his/her designee shall maintain the
records of all appeal actions and report any variances to the Federal Emergency Management Agency (FEMA) and the State of North Carolina upon request.
k. Provisions for Flood Hazard Reduction
(1) General Standards . In all areas of special flood hazard and future conditions flood hazard the following provisions are required:
A. Anchoring . All new construction and substantial improvements shall be anchored to prevent flotation, collapsed, or lateral movement of the structure.
B. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage in accordance with the FEMA Technical Bulletin 2, Flood Damage-Resistant Materials Requirements. C. Manufactured Homes . Manufactured homes shall be anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. D. Construction Standards . All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage, and by methods and practices that minimize flood damage.
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