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28 <br /> Article 2: Procedures <br /> Section 2.10:Variances <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 <br /> the requirements in subsection (A) have been met. <br /> (E) The following actions shall be taken depending on the State Environmental Management <br /> Commission's decision on the variance request: <br /> (a) Upon the State Environmental Management Commission's approval, the <br /> Erosion Control Officer shall issue a final decision granting the variance. <br /> (b) Upon the State Environmental Management Commission's approval with <br /> conditions or stipulations, the Erosion Control Officer shall issue a final <br /> decision, which includes these conditions or stipulations. <br /> (c) Upon the State Environmental Management Commission's denial, the <br /> Erosion Control Officer shall issue a final decision denying the variance. <br /> (F) Requests for appeals of determinations made by the State's Environmental Management <br /> Commission that the requirements of subsection (A) have not been met shall be made to <br /> the State's Office of Administrative Hearings. <br /> 2.10.8 Unauthorized Variances <br /> (A) Other than stream buffer variances outside of the first 50-feet from the centerline of a <br /> stream, the Board of Adjustment is not authorized to grant variances to any of the <br /> standards of: <br /> (1) Article 7-Subdivision Design and Improvements, <br /> (2) Section 6.15 - Erosion and Sedimentation Control, <br /> (3) Section 6.14-Stormwater Management, and <br /> (4) Section 6.16- Environmental Impact Reports <br /> (B) The Board of Adjustment is not authorized to grant a variance that would permit a use in <br /> a district where that use is neither a Permitted Use nor a Special Use. <br /> 2.10.9 Review Procedures <br /> (A) Applications for a Variance shall be reviewed and acted upon by the Board of Adjustment <br /> in accordance with the procedures contained in Section 2.12 of this Ordinance. <br /> (B) The Planning Director shall complete an assessment of the application and provide a <br /> recommendation on the disposition of the application. <br /> (C) The assessment shall be introduced at the hearing and become part of the record. <br /> 2.10.10 Findings of Fact <br /> (A) Required findings of fact, as listed in Section 2.10.4, shall be made in the indicated order <br /> by the Board of Adjustment. <br /> (B) The Board of Adjustment is not empowered to grant a variance without an affirmative <br /> finding of fact supported by substantial evidence in the record of proceedings before the <br /> Board. <br /> Orange County,North Carolina—Unified Development Ordinance Page 2-36 <br />