§ 53.138  VARIANCES.
   (A)   Any person may petition the City of Roxboro for a variance granting permission to use the person’s land in a manner otherwise prohibited by this subchapter. For all proposed major and minor variances from the requirements of this subchapter, the local Watershed Review Board shall make findings of fact showing that:
      (1)   There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the subchapter;
      (2)   The hardships result from conditions that are peculiar to the property, such as the location, size, or topography of the property;
      (3)   The hardships did not result from actions taken by the petitioner;
      (4)   The variance is in harmony with the general purpose and intent of this subchapter and preserves its spirit; and
      (5)   In granting the variance, the public safety and welfare have been assured and substantial justice has been done.
   (B)   In the case of a request for a minor variance (or a major variance of the Phase II standards), the City of Roxboro may vary or modify any of the regulations or provisions of the subchapter so that the spirit of the subchapter shall be observed, public safely and welfare secured, and substantial justice done may impose reasonable and appropriate conditions and safeguards upon any variance it grants.
   (C)   The City of Roxboro may attach conditions to the major or minor variance approval that support the purpose of this subchapter. If the variance request qualifies as a major variance (only for Falls Lake watershed and water supply watershed standards), and the City of Roxboro decides in favor of granting the major variance, the Board shall then prepare a preliminary record of the hearing and submit it to the 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 City of Roxboro 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 City of Roxboro. The City of Roxboro shall prepare a final decision denying the major variance.
   (D)   Appeals from the local government decision on a major or minor variance request are made on certiorari to the local Superior Court. Appeals from the Commission decision on a major variance request are made on judicial review to Superior Court.
(Ord. passed 6-12-12)