Morrisville Unified Development Ordinance - February 2021.2

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.16. Variance

6. Post-Decision Actions The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows: a. Issuance and Recordation of Variance If the Variance application is approved, the Planning Director shall issue the applicant documentation of the approval that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval. On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B, Appeal), the applicant shall record such documentation with the Register of Deeds of the county in which the subject property is located. b. Effect of Approval (1) Approval and recordation of a Variance authorizes only the particular regulatory relief approved as part of the Variance, as applied only to the land for which the Variance is approved, and only in accordance with any approved plans and documents, and conditions of approval. It does not exempt the applicant from the responsibility to obtain all other development permits and approvals required by this Ordinance and any other applicable laws, and does not indicate that the development for which the Variance is granted should receive approval of other applications for a development permit required under this Ordinance unless the relevant and applicable portions of this Ordinance or any other applicable laws are met. (2) Unless it expires in accordance with subsection c below, an approved and recorded Variance—including any approved plans and documents, and conditions of approval— shall run with the land, shall be binding on the landowners and their successors and assigns, and shall not be affected by a change in ownership. All decisions, determinations, and interpretation by Town staff shall be consistent with an approved and recorded Variance. c. Expiration of Approval A 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. A Variance application shall be approved only if the Planning and Zoning Board reaches each of the following conclusions, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing: a. There are extraordinary and exceptional conditions (such as topographic conditions, narrowness, shallowness, or the shape of the parcel of land) pertaining to the particular land or structure for which the Variance is sought, that do not generally apply to other lands or structures in the vicinity; b. The extraordinary and exceptional conditions referred to above are not the result of the actions of the landowner; c. Because of the extraordinary and exceptional conditions referred to above, the application of this Ordinance to the land or structure for which the Variance is sought would effectively prohibit or unreasonably restrict the utilization of the land or structure and result in unnecessary and undue hardship; d. The Variance would not confer any special privilege on the landowner that is denied to other lands or structures that are similarly situated;

D. Variance Review Standards 1. General Variance Review Standards

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-53