§ 136-44.52. Variance from transportation corridor official map. - North Carolina Statutes

§ 136‑44.52.  Variancefrom transportation corridor official map.

(a)        The Department ofTransportation, the regional public transportation authority, the regionaltransportation authority, or the local government which initiated thetransportation corridor official map shall establish procedures for consideringpetitions for variance from the requirements of G.S. 136‑44.51.

(b)        The procedureestablished by the State shall provide for written notice to the Mayor andChairman of the Board of County Commissioners of any affected city or county,and for the hearing to be held in the county where the affected property islocated.

(c)        Local governmentsmay provide for petitions for variances to be heard by the board of adjustmentor other boards or commissions which can hear variances authorized by G.S. 160A‑388.The procedures for boards of adjustment shall be followed except that no votegreater than a majority shall be required to grant a variance.

(c1)      The procedureestablished by a regional public transportation authority or a regionaltransportation authority pursuant to subsection (a) of this section shallprovide for a hearing de novo by the Department of Transportation for anypetition for variance which is denied by the regional public transportation authorityor the regional transportation authority. All hearings held by the Departmentof Transportation under this subsection shall be conducted in accordance withprocedures established by the Department of Transportation pursuant tosubsection (a) of this section.

(d)        A variance may begranted upon a showing that:

(1)        Even with the taxbenefits authorized by this Article, no reasonable return may be earned fromthe land; and

(2)        The requirements ofG.S. 136‑44.51 result in practical difficulties or unnecessary hardships. (1987, c. 747,s. 19; 1998‑184, s. 1; 2008‑180, s. 4.)