3.3.2-C Appeals and Variances in MIL-O District

.1 The Zoning Board of Adjustment is hereby designated the Watershed Review Board.

.2 An appeal to reverse or modify the order, decision, determination, or interpretation of the Zoning Administrator (herein designated the Watershed Administrator), shall comply with the procedures and standards of Section 11.3 of these regulations.

.3 A petition for variance to the standards of the Mountain Island Lake Watershed Overlay District shall comply with the procedures and standards of Section 11.3 of these regulations, with the following exceptions.

a) In addition to the notification requirements of Section 11.3, the Watershed Administrator shall also notify in writing each local government having jurisdiction in the watershed and the entity using the water supply for consumption. Such notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the Watershed Administrator prior to a decision by the Watershed Review Board. Such comments shall become a part of the record of proceeding of the Watershed Review Board.

b) Major and Minor Variances are differentiated by definition.

Minor variances shall include petitions for the reduction of any numerical standard of the low-density option in the overlay district by a factor of 10% or less.

Major variances mean variance from the minimum statewide water supply watershed protection criteria that result in any one or more of the following:

  • Petitions for the reduction of any numerical standard of the low density option in the overlay district by a factor of more than 10%; and
  • Petitions for variation in the design, maintenance or operation requirements of a wet detention pond or other approved storm water system; and
  • Petitions for the reduction of any management requirement that applies to a development proposal intended to qualify under the high-density option.

c) Major and Minor Variances are differentiated as to procedures and standards.

Minor variances shall comply with the procedures and standards of Section 11.3 of these regulations. An annual report of minor variances granted shall be submitted by the Watershed Administrator for each calendar year to the Division of Water Quality on or before January 1st of the following year and provide a description of each project receiving a variance and the reasons for granting the variance.

Major variances shall comply with the procedures and standards of Section 11.3 except that:

  • A decision by the Watershed Review Board to deny a major variance shall be final. Appeal shall be to a court of competent jurisdiction as provided in Section 11.3.
  • A decision by the Watershed Review Board to approve a major variance shall be advisory only. The Watershed Administrator shall within 30 days forward a record of the Board of Adjustment hearing, findings, and conclusions to the North Carolina Environmental Management Commission for final decision.
  • The Watershed Review Board may advise approval of a major variance petition upon satisfying the findings of Section 11.3.2ƒ, or upon the finding that significant community economic or social benefit would be derived from the grant of the variance.

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