Morrisville Unified Development Ordinance - October 2021

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

2.

Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.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 Planning and Zoning Board meeting in accordance with Section 2.4.5. 5. Planning and Zoning Board Review and Decision The Planning and Zoning Board 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. 3. 4. Scheduling and Public Notice of Meetings

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.) 6. 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 plans on which it is based, and any conditions of approval. On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B, Appeal), the applicant shall record such documentation with the Register of Deeds of the county in which the subject property is located. b. Effect of Approval (1) Approval and recordation of a Variance authorizes only the particular regulatory relief approved as part of the Variance, as applied only to the land for which the Variance is approved, and only in accordance with any approved

Variance

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 Decision with quasi-judicial hearing

plans and documents, and conditions of approval. It does not exempt the applicant from the responsibility to obtain all other development permits and approvals required by this Ordinance and any other applicable laws, and does not indicate that the development for which the Variance is granted should receive approval of other applications for a development permit required under this Ordinance unless the relevant and applicable portions of this Ordinance or any other applicable laws are met.

Morrisville, NC

October 1, 2021

Unified Development Ordinance

Page 2-54