Morrisville Unified Development Ordinance - July 2021

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

standards are in Section 6.6, Variances from Riparian Buffer Regulations; those for variances from stormwater management regulations are in 7.2.5, Stormwater Variances.) C. Variance Procedure The following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Variance application and note any specific variations of, or additions to, those review steps. The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2. 2. Application Submittal and Acceptance The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3. Staff Review and Report The Planning Director 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. 3. 1. Pre-Application Conference

4.

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.

5. Planning and Zoning Board Review and Decision

Variance

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.

Pre-Application Conference

a. The decision shall be one of the following:

Application Submittal and Acceptance

(1) Approve the application as submitted;

(2) Approve the application subject to conditions;

Staff Review and Recommendation with DRC review

(3) Deny the application.

b. Approval of the application 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.)

Scheduling and Notice of Meetings

6.

Post-Decision Actions

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 Decision with quasi-judicial hearing

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.

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-53