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HomeMy WebLinkAbout2026-03-19 Floodplain Variance Application - Combined Page 1 Floodplain Variance Application – Updated 04-2026 FLOODPLAIN VARIANCE APPLICATION COVER PAGE This application form must be completed as part of a zoning or subdivision variance application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards applied in reviewing the application for completeness are found in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre- Application Meeting (Optional) Community Information Meeting 1 Application Submittal & Acceptance 2 Planning Director Review & Staff Report 3 Public Hearing Scheduling & Notification  Advisory Body Review & Action 4 Board of Adjustment Hearing & Decision 5 Post-Decision Limitations and Actions Applicant and Property Owner Contact Information Cover Page Applicant Name Agent Name (if applicable) Property Owner Name(s) (if different from Applicant) Company Company Company Address Address Address City, State, Zip City, State, Zip City, State, Zip Phone Phone Phone Email Email Email Please specify the primary point of contact for Planning & Land Use staff during the application review: Applicant ❑ Agent ❑ Property Owner ❑ Page 1 Floodplain Variance Application – Updated 04-2026 Applicant and Property Owner Applicant Name Agent Name Property Owner Name(s) (if different from Applicant) Applicant Company (if applicable) Agent Company (if applicable) Property Owner Company (if applicable) Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Special Flood Hazard Area(s) Proposed Variance Narrative Subject Unified Development Ordinance Regulation, Chapter and Section: In the space below, please provide a narrative of the variance being requested (attach additional pages if necessary). Page 2 Floodplain Variance Application – Updated 04-2026 CRITERIA REQUIRED FOR APPROVAL OF A FLOODPLAIN VARIANCE The Board of Adjustment shall consider the following factors when deciding whether to grant a variance, in addition to all technical evaluations, relevant factors, and standards specified in Unified Development Ordinance Article 9: Flood Damage Prevention. Please thoroughly address each factor in regard to the requested variance, with reference to attached plans (where applicable). Attach additional pages if necessary. 1. The danger that materials may be swept onto other lands to the injury of others. 2. The danger to life and property due to flooding or erosion damage . 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damages on the individual owner. Page 3 Floodplain Variance Application – Updated 04-2026 4. The importance of the services provided by the proposed facility to the community . 5. The necessity to the facility of a waterfront location as defined in the County’s Stormwater Management Ordinance, as a functionally dependent facility, when applicable. 6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. 7. The compatibility of the proposed use with existing and anticipated development . Page 4 Floodplain Variance Application – Updated 04-2026 8. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area. 9. The safety of access to the property in times of flood for ordinary and emergency vehicles. 10. 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 . 11. 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. Page 5 Floodplain Variance Application – Updated 04-2026 The Unified Development Ordinance also places several conditions upon variances from any provision in Article 9: Flood Damage Prevention. Describe how the proposed variance will comply with each required condition. 1. Variances shall not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances. 2. Variances shall not be issued within any designated floodway or non -encroachment area if the variance would result in any increase in flood levels during the base flood discharge. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Page 6 Floodplain Variance Application – Updated 04-2026 4. Variances shall only be issued prior to floodplain development permit approval. 5. 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, or extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 6. A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of the following conditions are met: a. The use serves a critical need in the community. b. No feasible location exists for the use outside the Special Flood Hazard Area. c. The reference level of any structure is elevated or floodproofed to at least the Regulatory Flood Projection Elevation. d. The use complies with all other applicable federal, state, and local laws. e. New Hanover County has notified the Secretary of the North Carolina Department of Public Safety of its intention to grant a variance at last 30 calendar days prior to granting the variance. Page 7 Floodplain Variance Application – Updated 04-2026 Staff use the following checklist to determine if the application is complete. Please verify all the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected before processing for further review. Staff will confirm if an application is complete within five business days of submittal. Applicants are encouraged to arrange an informal pre-application meeting with Planning staff at least two weeks before applying. Pre-application meetings help improve the chances of submitting a complete application. Application Checklist And Acknowledgement Applicant Initial  This application form, completed and signed (all property owners must sign signatory page). _____  Copy of most recent annual filing identifying the owners / officers / managers from the Secretary of State’s Business Registry for any LLCs or other companies listed on the application. _____  Required application fee ($400) included. _____  Legal description (by metes and bounds) or a recorded survey with Map Book and Page reference of the property or area requested for rezoning. ______  Site plan or sketch illustrating the requested variance and depicting the Special Flood Hazard Area(s). ______  Any technical or engineering studies or documents referenced in the application narrative or that provide evidence of how the required factors or conditions are met by the application. ______  One (1) digital PDF copy of ALL documents AND plans . _____ Page 8 Floodplain Variance Application – Updated 04-2026 Acknowledgement and Signatures Note: This form must be signed by the property owner(s) of record. A signature is required for each owner of record if there are multiple owners. By my signature below, I am attesting I understand and accept all of the conditions, limitations, and obligations of the variance application for which I am applying. I understand that I have the burden of providing why this application meets the required findings necessary for granting a variance. I certify that this application is complete and that all information presented in this application is true and accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant and/or agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant and/or agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; and 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application. _____________________________________________________ ___________________________ ___________ Signature of Property Owner Print Name Date _____________________________________________________ ___________________________ ___________ Signature of Applicant (if different from property owner) Print Name Date _____________________________________________________ ___________________________ ___________ Signature of Agent (if applicable) Print Name Date The property owner or their attorney must be present at the Board of Adjustment public hearing for this variance request.