Administration 15.13 Variances
15
that may justify the granting of a variance shall not be regarded as a self-created hardship. 4. The requested variance is consistent with the spirit, purpose, and intent of this ordinance, such that the public safety is secured, and substantial justice is achieved. C. Additional Standards for Floodplain, Watershed and Stormwater Regulation Variance Requests : Variances from the standards set forth in this ordinance for flood damage prevention, watershed protection and stormwater regulation may be granted subject to the following additional provisions: 1. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result or when the variance will make the structure in violation of other federal, state, or local laws. 2. Variances shall only be issued upon: a. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; b. A showing of good and sufficient cause; c. A determination that failure to grant the variance would result in exceptional hardship; and, d. A determination that the granting of a variance will not result in a substantial increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing laws or ordinances. 3. In passing upon variances, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter and: a. The danger that material may be swept onto other lands to the injury of others. b. The danger to life and property due to flooding or erosion damage. c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. d. The importance of the services provided by the proposed facility to the community. e. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. f. The compatibility of the proposed use with existing and anticipated development. g. The relationship of the proposed use to the land development plan and flood damage prevention program for that area. h. The safety of access to the property in times of flood for ordinary and emergency vehicles. i. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. j. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. 4. Any applicant to whom a variance from the floodplain development regulations is granted shall be given written notice. This notice shall specify the difference
Town of Wake Forest Unified Development Ordinance – July 19, 2022
15-38
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