(A) The Board of Zoning Adjustment, as established by the town, shall hear and decide appeals and requests for variances from the requirements of this chapter.
(B) The Board of Zoning Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Local Administrator in the enforcement or administration of this chapter.
(C) Any person aggrieved by the decision of the Board of Zoning Adjustment or any taxpayer may appeal the decision to Superior Court, as provided in G.S. Chapter 7A.
(D) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the national register of historic places or the state inventory of historic places without regard to the procedures set forth in the remainder of this section.
(E) In passing upon the applications, the Board of Zoning Adjustment shall consider:
(1) All technical evaluations, all relevant factors and all standards specified in other sections of this chapter;
(2) The danger that materials may be swept onto other lands to the injury of others;
(3) The danger of life and property due to flooding or erosion damage;
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner;
(5) The importance of the services provided by the proposed facility to the community;
(6) The necessity of the facility of a waterfront location, where applicable;
(7) The availability of alternative locations, not subject to flooding or erosion damage for the proposed use;
(8) The compatibility of the proposed use with existing and anticipated development;
(9) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(10) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(11) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
(12) 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.
(F) Upon consideration of the factors listed above and the purpose of this chapter, the Board of Zoning Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(G) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(H) (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(2) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The notification shall be maintained with a record of all variance actions.
(4) The Local Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
(Prior Code, § 151.27) (Ord. passed 1-8-1987)
Statutory reference:
Related provisions, see G.S. Chapter 7A