§ 30-5. Variances, adjustments and appeals.

(a)

There shall be two types of deviation from the requirements of this chapter: Variances and adjustments. A variance shall comply with provisions established by G.S. 160A-388 and chapter 66, article III of this Code. Adjustments to regulating plans within approved FlexCode Zones will be authorized administratively by the TRC if the adjusted regulating plan complies with this chapter, its tables, and all the following criteria are met:

(1)

Community types may not be changed through the adjustment process;

(2)

Within each community type, revisions to transect zone boundaries are permitted provided the adjusted regulating plan:

a.

Does not conflict with standards for allocation of transect zones in Table 2a;

b.

Does not increase the percentage of land designated as a special district above the 19-percent maximum allowed under this chapter; and

c.

Does not reduce the percentage of land designated on the approved regulating plan as civic spaces below the five-percent minimum required under this chapter.

(b)

An appeal from the decision of the zoning administrator shall comply with provisions established by G.S. 160A-388 and chapter 66, article III, of this Code.

(Code 2003, § 31-5; Ord. No. 13-04, § 1(exh. A), 2-21-2013)