Morrisville Unified Development Ordinance - May 2020

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

hearing, modify the approval on finding that the enacted state or federal law has a fundamental effect on approval of the site-specific development plan or the concurrently reviewed development application. (2) Revocation of Site-Specific Development Plan Designation eliminates the vested right established by approval of the Site-Specific Development Plan Designation, but does not itself terminate any unexpired development permit or approval associated with the plan.

2.5.22. Administrative Appeal

A. Right to Appeal Any party aggrieved by a decision, interpretation, or order made by the Planning Director, Town Engineer, or other Town administrative official in administering or enforcing the provisions of this Ordinance may appeal the decision, interpretation, or order to the Board of Adjustment by submitting an Administrative Appeal application to the Planning Director within 30 days after the decision, interpretation, or order being appealed. B. Administrative Appeal Procedure Figure 2.5.22.B shows those steps in the standard review procedure (see Section 2.4) that apply to the review of applications for Administrative Appeal. Specific variations of, or additions to, the standard review procedures are identified below. 1. Application Submittal and Acceptance The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, subject to the following:

Administrative Appeal

Step is Applicable

Step is Not Applicable

Pre-Application Conference

Application Submittal and Acceptance

Staff Compilation and Transmittal of Relevant Document and Materials

a. The application shall:

(1) Identify the decision, interpretation, order being appealed;

Scheduling and Notice of Meetings

(2) State facts demonstrating that the applicant is a party aggrieved by the decision, interpretation, or order being appealed; (3) Describe the alleged error in the decision, interpretation, or order being appealed and the grounds on which the applicant contends that an error was made;

Planning and Zoning Board Review and Recommendation

Board of Adjustment Review and Decision with quasi-judicial public hearing

(4) Set forth facts and materials in support of the appeal; and

(5) Set forth the relief the applicant seeks.

b. Except for appeals of the amount of an imposed civil penalty, submittal and acceptance of an Administrative Appeal application stays all Town actions in furtherance of the decision, interpretation, or order being appealedunless the official fromwhom the appeal

Figure 2.5.22.B

is taken certifies to the Board of Adjustment 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 Board of Adjustment or by a court of recordon petition, after notice to the official fromwhom the appeal is taken, and for due cause shown. 2. Staff Transmittal of Materials to Board of Adjustment

The Planning Director shall:

Morrisville, NC

May 26, 2020

Unified Development Ordinance

Page 2-70