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Article 2: Procedures 90 <br /> Section 2.10:Variances <br /> 2.10.62.10.7 Procedure for Certain Stream Buffer Variance Requests <br /> Requests for variances from stream buffer requirements within 50-feet from the top of the stream <br /> bank shall abide by the following procedure: <br /> (A) The Erosion Control Officer shall make a finding of fact as to whether the following <br /> requirements have been met: <br /> (1) There are practical difficulties or unnecessary hardships that prevent compliance <br /> with the strict letter of the stream buffer protection requirements. Practical <br /> difficulties or unnecessary hardships shall be evaluated in accordance with the <br /> following: <br /> (a) If the applicant complies with the provisions of the stream buffer <br /> requirements, he/she can secure no reasonable return from, nor make <br /> reasonable use of, his/her property. <br /> (i) Merely proving that the variance would permit a greater profit <br /> from the property will not be considered adequate justification for <br /> a variance. <br /> (ii) Moreover, the Erosion Control Officer shall consider whether the <br /> variance is the minimum possible deviation from the stream <br /> buffer requirements that will make reasonable use of the <br /> property possible. <br /> (b) The hardship results from application of the stream buffer requirements <br /> to the property rather than from other factors such as deed restrictions or <br /> other hardship. <br /> (c) The hardship is due to the physical nature of the applicant's property, <br /> such as its size, shape, or topography, which is different from that of <br /> neighboring property. <br /> (d) The applicant did not cause the hardship by knowingly or unknowingly <br /> violating the stream buffer requirements. <br /> (e) The applicant did not purchase the property after the effective date of the <br /> stream buffer requirements, and then request a variance. <br /> (f) The hardship is unique to the applicant's property, rather than the result <br /> of conditions that are widespread. <br /> (i) If other properties are equally subject to the hardship created in <br /> the restriction, then granting a variance would be a special <br /> privilege denied to others, and would not promote equal justice. <br /> (g) The variance is in harmony with the general purpose and intent of the <br /> State's riparian buffer protection requirements and preserves its spirit; <br /> and <br /> (h) In granting the variance, the public safety and welfare have been <br /> assured, water quality has been protected, and substantial justice has <br /> been done. <br /> (B) If the Erosion Control Officer determines that a variance request meets the requirements <br /> in (A) above, then he/she shall prepare a preliminary finding and submit it to the State's <br /> Environmental Management Commission. <br /> (C) Preliminary findings on variance requests sent to the State's Environmental Management <br /> Commission shall be reviewed by said Commission within 90 days after receipt by the <br /> Director of the Environmental Management Commission. <br /> (D) The purpose of the State Environmental Management Commission's review is to <br /> determine if it agrees with the Erosion Control Officer's findings regarding whether that the <br /> requirements in subsection (A) have been met. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-40 <br />