Morrisville Unified Development Ordinance - February 2021.2

Article 6: Riparian Buffers Section 6.6. Variances from Riparian Buffer Regulations 6.6.1. Applicability

SECTION 6.6. VARIANCES FROM RIPARIAN BUFFER REGULATIONS

Applicability

6.6.1.

A. General The procedure and standards in this subsection apply to the review of applications for a Riparian Buffer Variance seeking hardship relief from the standards of this article. B. Minor Variances and Major Variances Distinguished 1. Minor Variance A Minor Variance is a variance pertaining to activities that will impact only Zone Two of the riparian buffer. 2. Major Variance A Major Variance is a variance pertaining to activities that will impact any portion of Zone One of the riparian buffer (irrespective of whether it also impacts Zone Two). Riparian Buffer Variance Procedure The following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Riparian Buffer Variance application and note any specific variations of, or additions to, those review steps. A. Pre-Application Conference The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2. B. Application Submittal and Acceptance The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3. C. Staff Review and Report The Town Engineer shall review the application, allow revisions of the application, and prepare a staff report in accordance with Section 2.4.4, except that the staff report shall summarize the variance request based on submitted evidence—but need not include a recommendation for action. D. Scheduling and Public Notice of Meetings The application shall be scheduled, and required public notices provided, for a Planning and Zoning Board meeting in accordance with Section 2.4.5. E. Planning and Zoning Board Review and Decision The Planning and Zoning Board shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7, subject to the following provisions. 1. If the Riparian Buffer Variance application requests a Minor Variance, the decision shall be one of the following: a. Approve the application as submitted; b. Approve the application subject to conditions; c. Deny the application. 6.6.2.

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 6-8