Variances
Approval to perform any prohibited buffer disturbance can only be obtained by securing a
variance from either the Zoning Board of Adjustment for the jurisdiction with the applicable
buffer regulation or the Charlotte-Mecklenburg Storm Water Advisory Committee depending on
the buffer type (see Table 1). There are two (2) exceptions as follows:
1. S.W.I.M. and post-construction buffers in the Towns of Davidson, Huntersville and
Matthews require a variance and possible mitigation for any buffer disturbance that is not
exempt.
2. Goose Creek buffers in the Town of Mint Hill require a variance from CharlotteMecklenburg Storm Water Advisory Committee followed by approval from the N.C.
Environmental Management Commission (EMC).
Table 1: Appropriate Organization for Granting Variances
Buffer Type
(see Section 1) Charlotte
Organization Based on Jurisdiction (1)
Cornelius
Davidson
Huntersville
Watershed
ZBA
ZBA
ZBA
ZBA
S.W.I.M.
ZBA
ZBA
ZBA
ZBA
PostSWAC
ZBA
SWAC
ZBA
Construction
Goose & Six
SWAC
N/A
N/A
N/A
Mile
Notes:
(1) ZBA = Zoning Board of Adjustment
SWAC = Storm Water Advisory Committee
EMC = NC Environmental Management Commission
N/A = This type of buffer does not occur in this jurisdiction.
Matthews
Mint Hill
Pineville
N/A
ZBA
SWAC
N/A
ZBA
SWAC
N/A
ZBA
SWAC
Meck.
Co.
N/A
ZBA
SWAC
N/A
SWAC/EMC
N/A
N/A
For a variance to be granted, the applicant must demonstrate that there are practical difficulties or
unnecessary hardships that prevent compliance with the strict letter of the buffer protection
requirements. Practical difficulties or unnecessary hardships are evaluated in accordance with
the following:
1. If the applicant complies with the provisions of the water quality buffer requirements,
he/she can secure no reasonable return from, nor make reasonable use of, his/her
property. Merely proving that the variance would permit a greater profit from the
property is not adequate justification for a variance. Moreover, consideration will be
given as to whether the variance is the minimum possible deviation from the terms of the
buffer requirements that will make reasonable use of the property possible.
2. The hardship results from the application of the buffer requirements to the property rather
than from other factors such as deed restrictions or other hardships.
3. The hardship is due to the physical nature of the applicant's property and is unique to the
applicant's property, such as its size, shape, or topography, such that compliance with the
provisions of the applicable buffer ordinance would not allow reasonable use of the
property.
4. The applicant did not cause the hardship by knowingly or unknowingly violating the
buffer requirements.
5. The variance is in harmony with the general purpose and intent of the buffer protection
requirements and preserves its spirit; and
1
6. In granting the variance, the public safety and welfare have been assured, water quality
has been protected, and substantial justice has been done.
The process for obtaining a variance is initiated by the submittal of a petition by the owner of the
affected property, an agent authorized in writing to act on the owner’s behalf, or a person having
written contractual interest in the affected property. If the organization responsible for granting
the variance is the Zoning Board of Adjustment (see Table 1), then the petition must be
submitted to the Zoning Administration for the jurisdiction where the buffer disturbance is
proposed. The form to be used and address for submittal can be obtained by contacting the
jurisdiction where the proposed buffer impact is located. Contact information can be obtained
from the jurisdiction’s website under the Planning Department. If the responsible organization is
the Storm Water Advisory Committee, then the petition form and instructions for proper
submittal can be obtained from the Clerk to the Charlotte-Mecklenburg Storm Water Advisory
Committee at 704-336-6171. All petitions for a variance filed with the Storm Water Advisory
Committee must be accompanied by a $100 filing fee along with a list of adjoining properties,
including tax parcel numbers and the name and address of each owner.
For variance petitions submitted to Charlotte-Mecklenburg Storm Water Services, the Clerk will
transmit copies of all information pertaining to the variance to the nine (9) members of the
Committee upon receipt of a variance petition. The Charlotte-Mecklenburg Storm Water
Advisory Committee will hold public hearings for all variance petitions in accordance with the
rules adopted for such purposes. Prior to the public hearing, written notice will be mailed to the
petitioner and surrounding property owners regarding the time, location and subject of the public
hearing. The hearing will be conducted in the nature of a quasi-judicial proceeding with all
findings of fact supported by competent, material evidence. The Charlotte-Mecklenburg Storm
Water Advisory Committee bylaws will determine the number of concurring votes needed to
grant a variance. A similar process will be followed for variance petitions submitted to Zoning
Board of Adjustment.
2