Morrisville Unified Development Ordinance - May 2020

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

2.5.16. Variance

A. Purpose The purpose of a Variance is to allow certain deviations from standards of this Ordinance when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner’s control (such as exceptional topographical conditions or the narrowness, shallowness, or shape of a specific parcel of land), the literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest. Variances are to be sparingly exercised and only in rare instances and under exceptional circumstances to relieve undue and unique hardships to the landowner. No change in permitted uses or increases in maximum allowable development intensity may be authorized by variance. B. Applicability The procedure and standards in this subsection apply to the review of applications for a Variance seeking hardship relief from the standards of this Ordinance other than the standards in Article 6: Riparian Buffers, and Article 7: Stormwater Management, provided that no Variance may be sought or granted that would permit a use not allowed by use standards applicable in a zoning district or increase development intensity (e.g., dwellingunits per acre or floor area ratio) beyond that allowedby intensity standards applicable in a zoning district. (Procedures and standards for variances from riparian buffer 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 Figure 2.5.16.C and 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. 1. Pre-Application Conference The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2. 2. Application Submittal and Acceptance

Variance

Step is Applicable

Step is Not Applicable

Pre-Application Conference

Application Submittal and Acceptance

Staff Review and Recommendation with DRC review

Scheduling and Notice of Meetings

Planning and Zoning Board Review and Recommendation

Board of Adjustment Review, Quasi-Judicial Public Hearing, and Decision

Figure 2.5.16.C

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3. 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 basedon submittedevidence—but neednot include a recommendation for action. 4. Scheduling and Public Notice of Meetings The application shall be scheduled, and requiredpublic notices provided, for aBoardof Adjustment meeting in accordance with Section 2.4.5.

Morrisville, NC

May 26, 2020

Unified Development Ordinance

Page 2-59