Morrisville Unified Development Ordinance - October 2021

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

(2) Unless it expires in accordance with subsection c below, an approved and recorded Variance — including any approved plans and documents, and conditions of approval — shall run with the land, shall be binding on the landowners and their successors and assigns, and shall not be affected by a change in ownership. All decisions, determinations, and interpretation by Town staff shall be consistent with an approved and recorded Variance. Expiration of Approval A Variance shall expire and become invalid if the property owner changes development on the site such that the extraordinary and exceptional conditions that warranted the hardship and Variance no longer do so. General Variance Review Standards A Variance application shall be approved only if the Planning and Zoning Board reaches each of the following conclusions, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing: a. Unnecessary hardship would result form the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. b. The hardship results from the conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability. c. The hardship did not result form actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. d. The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured, and substantial justice is achieved. c.

D. Variance Review Standards

1.

2. Additional Review Standards for Variances from Flood Damage Prevention Standards

a. If the Variance application involves standards in Section 5.6, Floodplain Management, the Planning and Zoning Board shall reach each of the following additional conclusions, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing:

(1) The Variance would not result in increased flood heights;

(2) The Variance would not result in additional threats to public safety;

(3) The Variance would not result in extraordinary public expense;

(4) The Variance would not create nuisances;

(5) The Variance would not cause fraud on or victimization of the public; and

(6) The Variance would not conflict with existing local laws or ordinances.

b. The Plannin g and Zoning Board’s review of a Variance application involving flood damage prevention standards shall consider all technical evaluations and relevant factors, including:

(1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger to life and property due to flooding or erosion damage;

Morrisville, NC

October 1, 2021

Unified Development Ordinance

Page 2-55