(A) Administrative review. The Review Board hear and decide appeals from any decision or determination made by the Administrator in the enforcement of this chapter.
(B) . The Review Board have the power to authorize, in specific cases, minor from the terms of this chapter and the applicable sections of the Zoning Ordinance as would not be contrary to the public interests where, owing to special conditions, a literal enforcement of this chapter would result in practical difficulties or unnecessary hardship, so that the spirit of this chapter be observed, public safety and welfare secured, and substantial justice done. In addition, the Town of Mills River notify and allow a reasonable comment period for all other local governments having jurisdiction in the designated
where the
is being considered.
(C) Applications for a
be made on the proper form obtainable from the Watershed Administrator and
include the following information:
(1) A site plan, drawn to a scale of at least 1 inch to 40 feet, indicating the
lines of the parcel upon which the use is proposed; any existing or proposed
drawn and indicate north point, name and address of person who prepared the plan, date of the original drawing, and an accurate record of any later revisions.
(2) A complete and detailed description of the proposed
, together with any other pertinent information which the applicant feels would be helpful to the
Review Board in considering the application.
(D) The
notify in writing each local government having jurisdiction in the
and the entity using the water supply for consumption. Such notice
include a description of the
being requested. Local governments receiving notice of the
request may submit comments to the
prior to a decision by the
Review Board. Such comments
become a part of the record of proceedings of the
Review Board.
(E) Before the
Review Board may grant a
, it
make the following 3 findings, which
be recorded in the permanent record of the case, and
include the factual reasons on which they are based:
(1) There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter. In order to determine that there are practical difficulties or unnecessary hardships, the
Review Board must find that the 5 following conditions exist:
(a) If the application complies with the provisions of this chapter and the applicant can secure no reasonable return from, nor make reasonable use of, the
. Merely proving that the variance would permit a greater profit to be made from the
will not be considered adequate to justify the
Review Board in granting a variance. Moreover, the
Review Board shall consider whether the variance is the minimum possible deviation from the terms of this chapter that will make possible the reasonable use of the
.
(b) The hardship results from the application of this chapter to the
rather than from other factors such as deed restrictions or other hardship.
(c) The hardship is due to the physical nature of the applicant's
, such as its size, shape, or topography, which is different from that of neighboring
.
(d) The hardship is not the result of the actions of an applicant who knowingly or unknowingly violates this chapter, or who purchases the
after the effective date of this chapter, and then comes to the
Review Board for relief.
(e) The hardship is peculiar to the applicant's
, rather than the result of conditions that are widespread. If other
are equally subject to the hardship created in the restriction, then granting a
would be a special privilege denied to others and would not promote equal justice.
(2) The
is in harmony with the general purpose and intent of this chapter and preserves its spirit.
(3) In the granting of the
, the public safety and welfare have been assured and substantial justice has been done. The Watershed Review Board shall not grant a
if it finds that doing so would in any respect impair the public health, safety, or general welfare.
(F) In granting the
, the Watershed Review Board may attach thereto such conditions regarding the location, character, and other features of the proposed building,
, or use as it may deem advisable in furtherance of the purpose of this chapter. If a variance for the construction, alteration or use of
is granted, such construction, alteration or use shall be in accordance with the approved site plan.
(G) The Watershed Review Board shall refuse to hear an appeal or an application for a
previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application.
(H) A
issued in accordance with this section
be considered a
protection permit and
expire if a
permit or
occupancy permit for such use is not obtained by the applicant within 12 months from the date of the decision.
(I) If the application calls for the granting of a major
, and if the
Review Board decides in favor of granting the
, the
Review Board
prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing
include:
(1) The
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.
(J) 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
qualifies as a major
and that (1) the
can secure no reasonable return from, nor make any practical use of the
unless the proposed
is granted, and (2) the
, if granted, will not result in a serious threat to the water supply, then the Commission
approve the
as proposed or approve the proposed
with conditions and stipulations. The Commission
prepare a Commission decision and send it to the Watershed Review Board. If the Commission approves the
as proposed, the Board
prepare a final decision granting the proposed
. If the Commission approves the
with conditions and stipulations, the Board
prepare a final decision, including such conditions and stipulations, granting the proposed
.
(2) If the Commission concludes from the preliminary record that the
qualifies as a major variance and that (1) the
can secure a reasonable return from or make a practical use of the
without the
or (2) the
, if granted, will result in a serious threat to the water supply, then the Commission shall deny approval of the
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
as proposed.
(Ord. 2022-18, passed 12-8-2022)