(A) Recordkeeping. The Zoning Enforcement Officer shall enforce the provisions of the Zoning Chapter as specified in § 155.280. Within the watershed overlay districts, he or she shall have the following additional duties:
(1) Submit copies of all amendments upon adoption to the Division of Water Quality;
(2) Maintain list of all variances, including a description of each project receiving a variance and the reasons for granting the variance, and submit a copy each calendar year to the Division of Water Quality by January 1 of each calendar year;
(3) Keep records of the jurisdiction’s utilization of the provision that a maximum of 10% of the non-critical area of the Hunting Creek Watershed (WS-III-BW) and the Yadkin River Watershed (WS- IV-PA) may be developed to a maximum of 70% built-upon area;
(4) Calculate the following information for the Hunting Creek watershed and the Yadkin River Watershed: the total acres of non-critical area, total acres eligible to be developed under the 10/70 option, and maintain individual records for each project with the following information: location, number of acres built-upon, site plan, and use; and
(5) Monitor land-use activities in the watershed to identify situations that may threaten water quality. He or she shall report these situations to the agency with direct regulatory responsible for these activities.
(C) Amendments. All amendments to the watershed regulations shall be handled as specified in §§ 155.250 through 155.253. Under no circumstances shall the county amend, supplement, or change the watershed regulations that would cause the regulations to violate the watershed protection rules as adopted by the State Environmental Management Commission. All amendments shall be filed with the State Division of Environmental Management, State Division of Environmental Health, and the State Division of Community Assistance.
(D) Watershed variances.
(1) Minor variances. The Board of Adjustment shall handle minor variances as specified in § 155.235.
(2) Major variance.
(a) If a
MAJOR VARIANCE (see definition) is request, the Board of Adjustment, after making a favorable decision in granting the request, shall prepare a preliminary record of the hearing. 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.
(b) The information shall be sent to the State Environmental Management Commission for its review as follows in division (D)(2)(c).
(c) The Environmental Management Commission (EMC) shall review the preliminary record and determine whether or not:
1. The request qualifies as a major variance;
2. The property owner can secure no reasonable return from, nor make any practical use of, the property, unless the proposed variance is granted; and
3. The variance, if granted, will not result in a serious threat to the water supply. Based on its findings the EMC shall approve the variance as proposed or approve the proposed variance with conditions and stipulations, or disapprove it. The EMC shall prepare a decision and send it to the County Board of Adjustment. This Board shall prepare a final decision, based on the determination of the EMC.
(3) Comments. In designated drinking water supply watersheds, the Zoning Enforcement Officer shall notify and allow a reasonable comment period for any jurisdictions within the watershed and the entity using the water supply for consumption of a proposed variance to the watershed regulations. Local governments may submit any comments to the Zoning Enforcement Officer before the public hearing by the County Board of Adjustment.
(E) Boundary determination. The watershed boundaries are delineated on county zoning maps. Boundaries were drawn to avoid dividing tracts in single ownership, so some parts of a tract may be outside the watershed or protected area. If a property owner can demonstrate his or her land drains into another watershed or into the receiving stream below the intake in the same watershed, the Zoning Enforcement Officer can exempt that specific area from the watershed regulations.
(1996 Code, § 151.42) (Ord. passed 12-20-1993; Ord. passed 10-21-1997; Ord. passed 1-20-1998)