(A) In addition to consideration of the items in § 152.044(D)(1) if dryland access cannot be obtained, a variance to the requirement for dryland access may be granted by the Board of Adjustment upon consideration of the following conditions:
(1) A determination that all possible alternatives have been investigated in an attempt to provide the safest access from a proposed habitable building to a dry public street; and
(2) The existence of a site plan prepared by a licensed land surveyor or professional engineers indicating that the proposed access to habitable buildings on the property poses the least risk from flooding.
(B) In addition to consideration of the items in § 152.044(D)(1), a variance may be issued for solid waste disposal facilities, hazardous waste management facilities, salvage yards and chemical storage facilities that are located in areas of special flood hazard, provided that all of the following criteria apply:
(1) The use serves a critical need in the community;
(2) No feasible location exists for the use outside the area of special flood hazard;
(3) The lowest floor of any structure is elevated above the 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;
(4) The use complies with all other applicable laws and regulations;
(5) The Floodplain Administrator has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a variance at least 30 days prior to granting the variance; and
(6) There will be no storage of materials or tanks which could flood within the special flood hazard area unless they are contained in a structure as defined in (B)(3) above.
(Ord. 2009-03, passed 2-10-2009; Ord. 2013-02, passed 3-12-2013; Ord. 2014-00, passed 2-11-2014)