<div class="chunk-title">Sec. 78-79. - Variances.</div>
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            <p class="incr0">
               (a)
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               Any person may petition the county for a variance granting permission to use the person's
               land in a manner otherwise prohibited by this article. For all proposed major and
               minor variances from the requirements of this article, the local board of adjustment
               shall make findings of fact in accordance with the procedures of N.C.G.S 160D-406
               showing that:
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               (1)
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               There are practical difficulties or unnecessary hardships that prevent compliance
               with the strict letter of the ordinance;
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               (2)
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               The variance is in harmony with the general purpose and intent of the local watershed
               protection ordinance and preserves its spirit; and
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               (3)
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               In granting the variance, the project will ensure equal or better protection of waters
               of the State than the requirements of 15A NCAC 02B .0711 (Neuse Stormwater Rule),
               and that the public safety and welfare have been assured and substantial justice has
               been done.
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               (b)
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               In the case of a request for a minor variance, the county may vary or modify any of
               the regulations or provisions of the article so that the spirit of the article shall
               be observed, public safety and welfare secured, and substantial justice done may impose
               reasonable and appropriate conditions and safeguards upon any variance it grants.
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               (c)
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               The county may attach conditions to the major or minor variance approval that support
               the purpose of the local watershed protection ordinance. If the variance request qualifies
               as a major variance, and the county 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 the county 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 the county. The county shall prepare a final decision denying the major variance.
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               (d)
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               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.
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            <p class="historynote0">
               (Ord. of 4-4-2023)
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