(A) The Administrator shall notify in writing each local government having jurisdiction in the watershed district as well as any entity using the watershed for water consumption. Such notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the Administrator prior to a decision by the Board of Adjustment. Such comments shall become a part of the record of proceedings of the Board of Adjustment.
(B) If the application calls for the granting of a major variance, and if the Board of Adjustment decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:
(1) The variance application;
(2) The hearing notices;
(3) The evidence presented;
(4) Motions, offers of proof, objections to evidence, and rulings on them;
(5) Proposed findings and exceptions; and
(6) The proposed decision, including all conditions proposed to be added to the permit.
(C) The preliminary record shall be sent to the NC Environmental Management Commission for its review as follows:
(1) If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that [i] the property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted, and [ii] the variance, if granted, will not result in a serious threat to the water supply, then the Commission shall approve the variance as proposed or approve the proposed variance with conditions and stipulations. The Commission shall prepare a Commission decision and send it to the Board of Adjustment. If the Commission approves the variance as proposed, the Board shall prepare a final decision granting the proposed variance. If the Commission approves the variance with conditions and stipulations, the Board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance.
(2) If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that [i] the property owner can secure a reasonable return from or make a practical use of the property without the variance or [ii] the variance, if granted, will result in a serious threat to the water supply, then the Commission shall deny approval of the variance as proposed. The Commission shall prepare a Commission decision and send it to the Board of Adjustment. The Board shall prepare a final decision denying the variance as proposed.
(D) A record of all variances granted within water supply watersheds by the town shall be submitted the NC Environmental Management Commission on or before January first of the year following the granting of the variance.
(Ord. passed 10-14-2008; Ord. 2021-03, passed 6-8-2021)