Morrisville UDO Administrative Manual - July 2016

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

Variance

These various variance procedures provide a mechanism for granting relief from a UDO provision where it is shown that because of extraordinary and exceptional conditions pertaining to the particular land or structure, literal application of the provision will effectively prohibit or unreasonably restrict use of the land or structure and result in undue and unique hardship.

Things to Know 

Approval of a variance does not exempt the applicant from the responsibility to obtain all other development permits and applications required.  After expiration of the 30-day court appeal deadline for a General Variance, the applicant records the variance with the Register of Deeds.

General Variance Review Procedure

A.

 The general variance procedure applies to applications for a hardship variance from any standard in the UDO other than riparian buffer standards and stormwater management standards.  The basis for the BOA’s decision is whether competent, substantial, and material evidence is presented at the public hearing.  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

B.

 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.

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. 

 Both Minor and Major Riparian Buffer Variances follow the same basic procedure, except that the Board of Adjustment forwards Major Riparian Buffer Variance applications on to the NC Environmental Management Commission with a recommendation.  The basis for the BOA’s decision is whether competent, substantial, and material evidence is presented at the public hearing. After expiration of the 30-day court appeal deadline for a General Variance, the applicant records the variance with the Register of Deeds.  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 Board of Adjustment forwards, Major Stormwater Variance applications to the NC Environmental Management Commission with a recommendation.  See Section 6.6 in the UDO for specific application procedures. Stormwater Variance Review Procedure

C.

July 1, 2016 Page 2-24

Morrisville, NC

Administrative Manual