(A) Minor variance. The Board of Adjustment shall handle minor variances as specified in § 151.070(B), above.
(B) Major variance.
(1) If a major variance is requested, the Board of Adjustment, after making a favorable decision in granting the request, shall prepare a preliminary record of the hearing. The preliminary record of the hearing shall include:
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to evidence, and rulings on them;
(e) Proposed findings and exceptions; and
(f) The proposed decision, including all conditions proposed to be added to the permit.
(2) The preliminary record shall be sent to the N.C. Environmental Management Commission for its review as follows. The Commission shall review the preliminary record and determine whether or not:
(a) The request qualifies as a major variance;
(b) The property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted; and
(c) The variance, if granted, will not result in a serious threat to the water supply. Based on their findings the Commission shall approve the variance as proposed or approve the proposed variance with conditions and stipulations or disapprove it. The Commission shall prepare a decision and send it to the Board of Adjustment. Based on the recommendation of the Commission, the Board of Adjustment shall prepare a final decision.
(C) Comment period. The town shall notify and allow a reasonable comment period for all local governments having jurisdiction in the watershed where the variance is considered.
(Ord. passed 9-7-1993; Res. R-2021-03, passed 6-24-2021)