Morrisville Unified Development Ordinance - October 2019

Article 2: Administration Section 2.2. Review Authorities 2.2.2. Board of Adjustment

c. To assist the Planning Director and Town Engineer in interpreting the provisions of this Ordinance in accordance with Article 11: Interpretation and Definitions; d. To assist in enforcing this Ordinance and in prosecuting actions against violators in accordance with Article 10: Enforcement; and e. To counsel the Town Council, Planning and Zoning Board, Board of Adjustment, Planning Director, Town Engineer, and Town departments in the review of development applications and the general implementation of this Ordinance.

Board of Adjustment

2.2.2.

A. Establishment

The Board of Adjustment is hereby established in accordance with state law.

B. Powers and Duties

Review of Development Applications The Board of Adjustment shall have the review, recommendation, and decision-making authority and responsibilities shown in Table 2.3, Summary Table of Development Review Procedures.

Other Powers and Duties

The Board of Adjustment shall have any other powers and duties delegated to it by the Town Council, consistent with state law.

C. Membership, Appointment, and Terms of Office

Membership and Appointment

a. The Board of Adjustment shall consist of five regular voting members and two alternate members. b. Four of the regular members shall be residents of the Town’s incorporated area and shall be appointed by the Town Council. c. One regular member shall be a resident of the Town’s extraterritorial jurisdiction (ETJ) and shall be appointed by the Wake County Board of Commissioners. d. The two alternate members shall be residents of either the Town’s incorporated area or its extraterritorial jurisdiction, and shall be appointed by the Town Council. Alternate Members The Chair of the Board of Adjustment shall assign an alternate member to serve as a substitute for a regular member who is temporarily absent or disqualified. When substituting for a regular member, an alternate member shall have the same powers and duties as the replaced regular member. Terms a. Members of the Board of Adjustment shall be appointed for three-year terms that are staggered such that the terms of not more than three regular members and two alternate members expire in a given year. Board members may be appointed to successive terms without limitation. b. Vacancies occurring for reasons other than expiration of the term shall be filled for the period of the unexpired term only, and by the body (Town Council or Wake County Board of Commissioners) that appointed the vacating member.

(Ord. No. 2016-001, 05/10/2016)

Morrisville, NC

October 1, 2019

Unified Development Ordinance

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