Morrisville Unified Development Ordinance - July 2021

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.22. Administrative Appeal

interpretation, or order being appealed unless the official from whom the appeal is taken certifies to the Planning and Zoning Board that, because of facts stated in the certification, a stay would cause imminent peril to life or property, or that, because the violation charged is transitory in nature, a stay would seriously interfere with enforcement of this Ordinance. In that case, proceedings may not be stayed except by a restraining order granted by the Planning and Zoning Board or by a court of record on petition, after notice to the official from whom the appeal is taken, and for due cause shown.

2. Staff Transmittal of Materials to Planning and Zoning Board

The Planning Director shall:

a. Refer the application to the administrative official whose decision, interpretation, or order is being appealed; b. Collect and compile all documents and other materials relevant to the decision, interpretation, or order being appealed; and c. Transmit the application and relevant documents and other materials to the Planning and Zoning Board in accordance with Section 2.4.4.C.2.

3.

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.

4. 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:

a. The decision shall be one of the following:

(1) Affirmation of the decision, interpretation, or order being appealed (in whole or in part);

(2) Modification of the decision, interpretation, or order being appealed (in whole or in part); or

(3) Reversal of the decision, interpretation, or order being appealed (in whole or in part).

b. In deciding the application, the Planning and Zoning Board shall make any order, requirement, decision, or determination that in its opinion ought to be made in the circumstances, and shall have all the powers of the officer from whom the appeal is taken.

5.

Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows: a. Effect of Approval To the extent a decision on an Administrative Appeal application pertains to application of a particular provision of this Ordinance in a particular circumstance, the appeal decision shall be binding on subsequent decisions by the Planning Director, Town Engineer, or other administrative official in applying the same provision of this Ordinance in the same circumstance. b. Expiration of Approval The decision on an Administrative Appeal application does not expire, but shall remain valid except to the extent this Ordinance is subsequently amended to reflect any reversal or modification of the decision, interpretation, or order that was appealed.

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-64