(5) Powers & Duties of the Board of Adjustment Related to Watershed Protection Regulations . The following powers and duties of the Board of Adjustment shall apply to watershed protection:
A. Administrative Review . The Board of Adjustment shall hear and decide appeals from any decision or determination made by the Planning Director in the enforcement of the Watershed Protection Regulations. B. Variance . The Board of Adjustment shall have the power to authorize, in specific cases, minor variances from the terms of the Watershed Protection Regulations as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the Watershed Protection Regulations will result in practical difficulties or unnecessary hardship, so that the spirit of the Watershed Protection Regulations shall be observed, public safety and welfare secured and substantial justice done. In addition, the Town of Fuquay-Varina shall notify and allow a reasonable comment period for all other local governments having jurisdiction in the designated watershed and any industry using the watershed for water consumption where the variances is being considered, in addition to the following: i. Permit Standards . A variance issued in accordance with the provisions of the Watershed Protection Regulations shall be considered a “watershed protection permit” and shall expire if a building permit or watershed occupancy permit for such use is not obtained by the applicant within 12 months from the date of the decision. ii. Preliminary Record of Hearing . If the application calls for the granting of a major variance, and if the Board of Adjustment decides in favor of granting the variance, the Board of Adjustment shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:
1. Application . The variance application.
2. Notice . The hearing notices.
3. Evidence . The evidence presented.
4. Motions & Ruling . Motions, offers of proof, objections to evidence, and ruling on them.
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