UDO Update 082024

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.17. 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. 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. c. General Variance Review Standards 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. Unnecessary hardship would result form the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. b. The hardship results from the conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability. c. The hardship did not result form actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

D. Variance Review Standards

1.

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-57