(A) Any person may petition the Board of Adjustment for a variance granting permission to use the person's land in a manner otherwise prohibited by this chapter. Requests for a variance to the Board of Adjustment shall be made pursuant to Title 9, Article 5 of this Code.
(B) For all proposed major and minor variances from the requirements of this chapter, the Board of Adjustment shall make findings of fact in accordance with the procedures of G.S. 160D-406 showing that:
(1) There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of this chapter;
(2) The variance is in harmony with the general purpose and intent of the local watershed protection ordinance and preserves its spirit; and
(3) In granting the variance, the project will ensure equal or better protection of waters of the state than the requirements of 15A NCAC 02B .0711 or 15A NCAC 02B .0731, and that the public safety and welfare have been assured and substantial justice has been done.
(C) In the case of a request for a minor variance, the Board of Adjustment may vary or modify any of the regulations or provisions of this chapter so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done may impose reasonable and appropriate conditions and safeguards upon any variance it grants.
(D) The Board of Adjustment may attach conditions to the major or minor variance approval that support the purpose of this chapter. If the variance request qualifies as a major variance, and the Board of Adjustment decides in favor of granting the major variance, the Board shall then prepare a preliminary record of the hearing and submit it to the North Carolina Environmental Management Commission for review and approval. If the Commission approves the major variance or approves with conditions or stipulations added, then the Commission shall prepare a Commission decision which authorizes the City of Greenville to issue a final decision which would include any conditions or stipulations added by the Commission. If the Commission denies the major variance, then the Commission shall prepare a decision to be sent to the City of Greenville. The Board of Adjustment shall prepare a final decision denying the major variance.
(E) Decisions of the Board of Adjustment on requests for a variance shall be subject to superior court review by proceedings in the nature of certiorari.
(Ord. No. 24-021, § 1, passed 4-11-2024)