(A) Variances Generally: All requests for relief from the requirements of this Section shall be decided by the Zoning Board of Adjustment in accordance with the requirements of Chapter 6
, except for those variances that can be granted only by the North Carolina Environmental Management Commission;
(B) Variances to be Granted by the North Carolina Environmental Management Commission: The following provisions of this Section may be varied only by the North Carolina Environmental Management Commission:
(1) The complete waiver of any requirement of this Section;
(2) The increase by ten percent (10%) or more of any numerical requirement of this Section. (For example: raising an impervious surface limit for a development from twenty-four percent (24%) to twenty-six and four-tenths percent (26.4%) or more.)
(C) Recommendation by Zoning Board of Adjustment to the Environmental Management Commission: If an application calls for the granting of a variance as listed in (B) above, the Zoning Board of Adjustment shall reach a recommendation on the variance in accord with the requirements of Chapter 5
. If the Zoning Board of Adjustment decides in favor of granting the variance, the Zoning Board of Adjustment shall prepare a preliminary record of the hearing as soon as possible and forward it to the Environmental Management Commission. 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;
(6) The proposed decision including all conditions proposed to be added to the permit.
If the Zoning Board of Adjustment denies the variance, the variance is denied and may only be appealed to the Moore County Superior Court as provided for in Chapter 6 of this Ordinance.
(D) Decision by the Environmental Management Commission:
(1) Approval: If the Commission approves the variance as proposed or with additional conditions, the Commission shall prepare a decision and send it to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall prepare a final decision in accordance with the Commission's decision;
(2) Disapproval: If the Commission denies the variance as proposed, the Commission will prepare a decision and send it to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall prepare a final decision in accordance with the Commission's decision.