§ 143-215.54A. Minimum standards for ordinances; variances for prohibited uses. - North Carolina Statutes

§ 143‑215.54A. Minimum standards for ordinances; variances for prohibited uses.

(a)        A flood hazard prevention ordinance adopted by a county orcity pursuant to this Part shall, at a minimum:

(1)        Meet the requirements for participation in the National FloodInsurance Program and of this section.

(2)        Prohibit new solid waste disposal facilities, hazardouswaste management facilities, salvage yards, and chemical storage facilities inthe 100‑year floodplain except as authorized under subsection (b) of thissection.

(3)        Provide that a structure or tank for chemical or fuelstorage incidental to a use that is allowed under this section or to theoperation of a water treatment plant or wastewater treatment facility may belocated in a 100‑year floodplain only if the structure or tank is eitherelevated above base flood elevation or designed to be watertight with wallssubstantially impermeable to the passage of water and with structuralcomponents capable of resisting hydrostatic and hydrodynamic loads and the effectsof buoyancy.

(b)        A flood hazard prevention ordinance may include a procedurefor granting variances for uses prohibited under G.S. 143‑215.54(c). Acounty or city shall notify the Secretary of its intention to grant a varianceat least 30 days prior to granting the variance. A county or city may grant avariance 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 useoutside the 100‑year floodplain.

(3)        The lowest floor of any structure is elevated above the baseflood elevation or is designed to be watertight with walls substantiallyimpermeable to the passage of water and with structural components capable ofresisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(4)        The use complies with all other applicable laws andregulations. (2000‑150, s.1.)