(A) Administrative Review. The Watershed Review Board shall hear and decide upon all appeals from any decisions made by the Watershed Administrator in the enforcement of this ordinance.
(B) Variances. The Watershed Review Board shall have the power to authorize minor variances as described in this chapter as long as it is not contrary to the public health, safety
and welfare and can show substantial justice being done. In addition, the county shall notify and allow a reasonable comment period for all other local governments having jurisdiction in the designated watershed where the variance is being considered.
(C) Applications for a variance shall be made on the proper form obtainable from the Watershed Administrator in the Planning Department and shall include the following information:
(1) A site plan indicating the property lines of the parcel upon which the use is proposed; any existing or proposed structures, parking areas and other built-upon areas. The site plan shall show the north arrow, name and address of person who prepared the plan, and the date of the original drawing;
(2) A complete and detailed description of the proposed variance, together with any other pertinent information which the applicant feels would be helpful to the Watershed Review Board in considering the application; and
(3) The Watershed Administrator shall notify in writing each local government having jurisdiction in the watershed. Such notice shall include a description of the variance being requested. Upon receiving notice of the variance request, local governments may submit commands to the Watershed Administrator prior to a decision by the Watershed Review Board.
(D) Before the Watershed Review Board may grant a variance, it shall make the following three findings, and record them in the permanent record. The findings shall include the reasons or facts on which they are based.
(1) There are practical difficulties or hardships in the way of carrying out the letter of the chapter. In order to determine that there are practical difficulties or hardships, the Board must find that the five following conditions exist:
(a) If the applicant complies with the provisions of the chapter, he can no longer secure a reasonable return from, nor make reasonable use of, his property;
(b) The hardship is a result from the enforcement of the chapter to the property rather than from other factors such as deed restrictions or other hardships;
(c) The hardship is due to the physical nature of the applicants' property, such as its size, shape, or topography, which is different from that of neighboring property;
(d) The-hardship is not the result of the actions of an applicant who knowingly or unknowingly violates the chapter, or who purchases the property after the effective date of the chapter, and then comes to the Board for relief; and
(e) The hardship is peculiar to the applicants property, rather than the result of conditions that are widespread. If other properties are equally subject to the hardship created in the restriction, then granting a variance would be a special privilege denied to others, and would not promote equal justice.
(2) The variance is in harmony with the general purpose and intent of the chapter and preserves the spirit.
(3) In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done. The Board shall not grant a variance if it finds that doing so would in any respect impair the public health, safety, or general welfare.
(E) In granting the variance, the Board may attach conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable to further promote the purpose of this chapter. If a variance for the construction, alteration or use of property is granted, such construction, alteration or use shall be in accordance with the approved site plan.
(F) The Watershed Review Board shall refuse to hear an appeal of an application for a variance previously denied if it finds that there have been no substantial changes in conditions bearing on the appeal or application.
(G) A variance issued in accordance with this section shall be considered a Watershed Protection Permit and shall expire if a Building Permit for such use is not obtained by the applicant within six (6) months from the date of the decision.
(H) If the application calls for the granting of a major variance, and if the Watershed Review Board decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing which 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.
(I) The preliminary record shall be sent to the 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 (1) the property owner can secure no reasonable return from, nor make any reasonable use of the property unless the proposed variance is granted, and (2) 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 Watershed Review Board. 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 concluded from the preliminary record that the variance qualifies as a major variance and that the property owner can secure a reasonable return from or make a reasonable use of the property without the variance, or 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 Watershed Review Board. The Board shall prepare a final decision denying the variance as proposed.
(J) Subdivision Approval. See G.S. § 152.01
(K) Public Health. See G.S. §§ 152.50, 152.51.
(Ord., passed 12-14-93)