(A) The following uses are strictly prohibited in the 100-year flood plain except as authorized under division (B) of this section: new solid waste disposal facilities; hazardous waste management facilities; salvage yard; and chemical storage facilities.
(B) Uses prohibited under G.S. § 143-215.54 and division (A) of this section may be granted a variance provided that the Town of Fairmont notify the Secretary of its intention to grant a variance at least 30 days prior to grant the variance and upon finding that all of the following apply:
(1) The use serves a critical need in the community;
(2) No feasible location exists for the location of the use outside the 100-year flood plain;
(3) The lowest floor of any structure is elevated above a base flood elevation or is designed to be watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and
(4) The use complies with all other applicable law and regulations.
(C) A structure or tank for chemical or fuel storage incidental to a use that is allowed under this section or to the operation of a water treatment plant or wastewater treatment facility may be located in a 100-year flood plain only if the structure or tank is either elevated above base flood elevation or designed to be watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(Ord. passed 10-8-2002)