Morrisville Unified Development Ordinance - May 2020

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

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 Board of Adjustment in accordance with Section 2.4.4.C.2. 3. 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. 4. Board of Adjustment Review and Decision The Board of Adjustment 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 beingappealed (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 Board of Adjustment 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. 1. The Board of Adjustment shall review the Administrative Appeal application in accordance with the standards of this Ordinance applicable to the decision, interpretation, or order being appealed, and shall base its decision solely on the record established below for the decision, interpretation, or order being appealed. The record shall consist of the all documents, hearing records, and other materials related to the decision, interpretation, or order. 2. The Board of Adjustment may modify or reverse a decision, interpretation, or order (in whole or in part) only if it finds that there is competent substantial evidence in the record of a clear and demonstrable error in the administrative officer’s application of the relevant standards or provisions of this Ordinance.

C. Administrative Appeal Review Standards

Morrisville, NC

May 26, 2020

Unified Development Ordinance

Page 2-71