Morrisville Unified Development Ordinance - October 2019

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.16. 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., dwelling units per acre or floor area ratio) beyond that allowed by 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. The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3. 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 based on submitted evidence—but need not include a recommendation for action. The application shall be scheduled, and required public notices provided, for a Board of Adjustment meeting in accordance with Section 2.4.5. 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. Scheduling and Public Notice of Meetings Pre-Application Conference The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2. Application Submittal and Acceptance

a. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions;

(3) Deny the application.

b. Approval of the application shall require the affirmative vote of at least 4/5 of all the members of the board. (In such cases, vacant positions and members who are excused from voting shall not be considered members of the board.)

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

October 1, 2019

Morrisville, NC

Page 2-58

Unified Development Ordinance