allocation is greater than 10,000 gallons, the allocation request shall be submitted to the Town Board of Commissioners for approval.
kk. Variance
Variances are adjustments from the required standards of the Land Development Ordinance in a specific zoning district when a property owner proposes to demonstrates that special circumstances or conditions, beyond the property owner’s control (i.e. topographical conditions, narrowness, shallowness, or the shape of a specific property), and the literal enforcement of the provisions of the Land Development Ordinance would result in peculiar and practical difficulties to the extent that places an exceptional and undue hardship on the property owner. However, no variance shall be considered that is a change in permitted uses that is contrary to the applicable zoning district or increases the maximum allowable development density. (1) Application . The procedure for a variance applies to applications for a hardship from any standard in the Land Development Ordinance, except for riparian buffer standards and stormwater management standards. (2) Authority . The Board of Adjustment shall have the authority to consider a variance in accordance with the procedures and administration of the Land Development Ordinance. The Director of Engineering shall review and determine variances related to riparian buffer standards in the Neuse River Basin and stormwater management standards within the Town’s corporate limits and extraterritorial jurisdiction. Variances for riparian buffers in the Neuse River Basin require approval by the North Carolina Department of Environmental and Natural and Resources (DENR).
(3) Variance Procedure . The following steps shall be followed to make application for a variance:
A. Pre-Submittal Meeting . The applicant shall request a pre-submittal meeting with the Planning Department to discuss the application and process for a variance.
B. Application Submittal . The applicant shall submit the application in accordance with the schedule and deadlines prepared by the Planning Department for submittal to the Board of Adjustment. A withdrawal of an application shall be in accordance with this Article, specifically Section §9-1806 Application Withdrawal.
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