Morrisville Unified Development Ordinance - January 2020

Article 6: Riparian Buffers Section 6.6. Variances from Riparian Buffer Regulations 6.6.2. Riparian Buffer Variance Procedure

1. If the Riparian Buffer Variance application requests a Minor Variance, the decision shall be one of the following:

Riparian BufferVariance

a. Approve the application as submitted;

b. Approve the application subject to conditions;

Step is Applicable

c.

Deny the application.

Step is Not Applicable

2. If the Riparian Buffer Variance application requests a Major Variance, the decision shall be a preliminary determination of compliance with the review standards in Section 6.6.3, Riparian Buffer Variance Review Standards, which shall be submitted to the North Carolina Environmental Management Commission to approve, approve with conditions, or deny. 3. Approval of an application for a Minor Variance shall require the affirmative vote of at least 4/5 of all the members of the board. (In such cases, vacant positions and members who are excused from voting shall not be considered members of the board.)

Pre-Application Conference

Application Submittal and Acceptance

Staff Review and Recommendation with DRC review

F. Post-Decision Actions

Scheduling and Notice of Meetings

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

Planning and Zoning Board Review and Recommendation

1. Appeal of Decisions on Minor Variance Applications

If the decision was approval or denial of an application for a Minor Variance, the decision may be appealed to the Board of Adjustment under NCGS 160A-388 or NCGS 153A-345.

Board of Adjustment Review, Quasi-Judicial Public Hearing, and Decision (Minor Variance) or Preliminary Determination (Major Variance)

2. Appeal of Decisions on Major Variance Applications

Appeals from a Commission decision on a major variance request are made on judicial review to Superior Court. a. Upon the Commission's approval, the Division or the delegated local authority shall issue a final decision granting the major variance. b. Upon the Commission's approval with conditions or stipulations, the Division or the delegated local authority shall issue a final decision, which includes these conditions or stipulations. c. Upon the Commission's denial, the Division or the delegated local authority shall issue a final decision denying the major variance.

Submittal of Preliminary Determination to NC Environmental Management Commission for Review and Decision (Major Variance)

(Ord. No. 2016-054, 11/22/2016)

Figure 6.6.2

3. Submittal of Preliminary Determination on Major Variance Applications to State

a. If the decision was a preliminary determination on an application for a Major Variance, the Town Engineer shall submit the preliminary determination to the North Carolina Environmental Management Commission for approval in accordance with applicable State regulations. b. After the North Carolina Environmental Management Commission approves the Major Variance or approves it with conditions or stipulations added, then the Commission shall submit a copy of its decision to the Town Engineer, who shall file it in the Planning Department.

Morrisville, NC

October 1, 2019

Unified Development Ordinance

Page 6-9