(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. C. Staff Review . The Planning Department shall review the application, consider revisions to the application for clarity in discussions with the applicant, and prepare a staff report for the Board of Adjustment. The staff report does not include a recommendation. It is the responsibility of the applicant to submit evidence supporting a request for such variance and the Board of Adjustment is obligated to address the finding of facts based on the evidence presented in a by the applicant and other individuals withstanding with the requested variance. D. Schedule Evidentiary Notice & Hearing . The Planning Department shall prepare the public notice as required by Article Q Procedures & Administration, §9- 1802 Public Hearing for a Board of Adjustment meeting to conduct an evidentiary hearing on the variance application.
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