(A) The Board of Adjustment may authorize variances from the specific requirements of the Watershed Overlay Districts in the same manner and subject to the same procedures and requirements of this chapter for authorizing other variances; provided that:
(1) The notice required in § 12.4 of this chapter shall also be mailed by first class mail to all other local governments having watershed regulation jurisdiction within the particular watershed where the variance is requested and to each entity using that water supply for consumption; and
(2) If the variance request is for a major variance as defined herein, the following procedure shall apply. If 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 Commission (EMC) for review and action. If the Board does not decide in favor of granting the major variance such unfavorable action shall constitute denial.
(B) In the event of favorable action by the Board on a major variance, the Board shall cause the record of their hearing to be promptly submitted to the EMC. The record of the hearing shall include, but not be limited to:
(1) The variance application;
(2) The hearing notice;
(3) The evidence presented;
(4) Motions, offers of proof, objections to evidence and rulings on them;
(5) Findings and exceptions; and
(6) The action of the Board including any conditions proposed.
(C) If the EMC approves the major variance or approves with conditions or stipulations added, the EMC shall prepare a decision which authorizes the Board of Adjustment to issue a final decision which would include any conditions or stipulations added by the EMC. If the EMC denies the major variance, then the EMC shall prepare a decision and transmit it to the Board of Adjustment. The Board shall then prepare a final decision denying the major variance.
(D) All decisions rendered by the Board of Adjustment regarding variances from watershed overlay district requirements (approved and denied cases) will be filed in the Gaston County Register of Deeds via a prepared order developed by city staff. The city will be responsible for recording these orders and will charge a fee that is equal to the fee charged by the Gaston County Register of Deeds to record deeds and other real estate documents, which will be added to the application fee associated with variances from watershed overlay district requirements, and which will be paid by the applicant upon submittal.
(Ord. passed 5-13-1996; Ord. passed 6-10-2024)