If the Board of Adjustment grants a variance that would result in the relaxation, by a factor greater than 10%, of any of the North Carolina Department of Natural Resources - Division of Water Quality minimum watershed management requirements (or the Vance County Watershed Protection Ordinance, Chapter 154 of this Code), the Board of Adjustment’s decision is subject to review and approval by the State Environmental Management Commission before it becomes final. In such cases, the Planning and Development Director or his/her designee must prepare a preliminary record of the variance application, the evidence submitted to the Board of Adjustment, and the Board of Adjustment’s findings and decision, and submit it to the State Environmental Management Commission. If the State Environmental Management Commission approves the variance as granted by the Board of Adjustment, the Board of Adjustment’s decision must then be considered final and the variance granted. If the State Environmental Management Commission approves the variance with conditions varying from, or in addition to, those imposed by the Board of Adjustment, the Board of Adjustment must revise its decision to include the varied or added conditions. If the State Environmental Management Commission denies the variance, the Board of Adjustment must reverse its decision and deny the variance.
(Ord. 39, passed 10-3-2011; Am. Ord. 5-3-2021)