42-367. Accommodative Temporary Variances

  1. Purposes. Accommodative Temporary Variances are intended to provide temporary limited relief from the requirements of this Chapter in those cases where the strict application of the provisions of this Chapter would result in unnecessary hardship. 
  2. Application.
    1. Pre-application conference.  Each applicant for a Accommodative Temporary Variance shall meet with the appropriate Administrator in a pre-application conference.  The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.
    2. Application. Each application for a Accommodative Temporary Variance shall be submitted along with the appropriate site plan and a recommendation from a medical professional licensed by the State of North Carolina for the applicant under the requirements of the American with Disabilities Act, to the Administrator.  Applications may be modified by the Administrator as necessary, who may require the applicant to supply additional information pertaining to the Accommodative Temporary Variance.
  3. Staff Review. The Administrator shall process and review all applications for a Accommodative Temporary Variance. The Administrator shall review the proposal and determine its completeness, finding that the regulations of this Chapter that set forth specific standards would result in unnecessary hardship for an applicant covered by the American with Disabilities Act.
  4. Accommodative Temporary Variance Validity. The Administrator shall issue a written letter of approval.  The applicant shall have 12 months within which to commence construction, operation or installation.  If construction, operation or installation is commended within the 12 month period the Accommodative Temporary Variance shall continue in force as long as the structure,  operations or installation remains.  The Administrator will reconsider each Accommodative Temporary Variance every 5 years.