Morrisville UDO Administrative Manual_August 2021.2

Part 2. Application Review Procedures 2.5 Procedures for Flexibility, Variances, and Appeals

• If the variance sought involves the floodplain management standards, additional review standards are required.

• See Section 2.5.16 in the UDO for specific application procedures. Riparian Buffer Variance Review Procedure • Minor Riparian Buffer Variances pertain to activities impacting only Zone Two of the riparian buffer. • Major Riparian Buffer Variances pertain to activities impacting only Zone One of the riparian buffer. • Both Minor and Major Riparian Buffer Variances follow the same basic procedure, except that the Planning and Zoning Board forwards Major Riparian Buffer Variance applications on to the NC Environmental Management Commission with a recommendation.

Things to Know ▪

A Riparian Buffer Variance shall expire and become invalid if the property owner changes development on the site such that the extraordinary and exceptional conditions that warranted the hardship and Variance no longer do so. ▪ After expiration of the 30-day court appeal deadline for a General Variance, the applicant records the variance with the Register of Deeds.

• The basis for the PZB ’s decision is whether competent, substantial, and material evidence is presented at the public hearing.

• See Section 6.6 in the UDO for specific application procedures. Stormwater Variance Review Procedure

• A Stormwater Variance is a Minor Stormwater Variance if it would relax any management requirement under the low-density option by up to 10 percent, or any watershed buffer, density, or built-upon area requirement under the high-density option by up to five percent. • A Stormwater Variance is a Major Stormwater Variance if it would relax low-density option requirements by more than five percent or high-density option requirements by more than 10 percent, or if it would vary design, maintenance, or operation requirements for stormwater management. • Both Minor and Major Stormwater Variances follow the same basic procedure, except that the Planning and Zoning Board forwards, Major Stormwater Variance applications to the NC Environmental Management Commission with a recommendation. • The basis for the PZB’s decision is whether competent, substantial, and material evidence is presented at the public hearing.

• See Section 7.2.5 in the UDO for specific application procedures.

Morrisville, NC

August 31, 2021

Administrative Manual

Page 2-22