Morrisville Unified Development Ordinance – September 2018

Article 2: Administration Section 2.4. Standard Review Procedures 2.4.7. Board of Adjustment or Town Council Review and Decision

C. Revision of Application After the Planning and Zoning Board has reviewed an application but has not yet taken action on it, the applicant may request an opportunity to revise the application. The board may grant such a request on condition that revisions shall be limited changes that directly respond to specific requests or suggestions made by the staff or the Planning and Zoning Board and shall constitute only minor additions, deletions, or corrections, and not significant substantive changes, to the development proposed by the application. Any other revisions to the application may be submitted, but the revised application shall be submitted to the Planning Director and reviewed as if it were a new application. The revised application is subject to additional application fees to defray the additional processing costs. Board of Adjustment or Town Council Review and Decision If a development application is subject to a final decision by the Board of Adjustment or Town Council (see Table 2.3, Summary Table of Development Review Procedures), that body shall review and act on the application in accordance with the following procedures. A. Public Hearing Procedures General If the application is subject to a hearing (see Table 2.3, Summary Table of Development Review Procedures), the Board of Adjustment or Town Council, as appropriate, shall hold a hearing on the application in accordance with the following procedures. a. On being properly recognized by the person chairing the hearing, any person may appear at the public hearing, either individually or as a representative of an organization, and submit documents, materials, and other written or oral testimony in support of or in opposition to the application. b. Before start of the meeting, persons intending to speak at the public comment session shall register to speak, providing their name, home or business address, and if appearing on behalf of an organization, the name and mailing address of the organization. Persons actually speaking at the session shall begin by identifying themselves. c. The person chairing the hearing may place reasonable and equitable time restrictions on the presentation of testimony and the submittal of documents and other materials. d. The body conducting the hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time, and place, for good cause. e. The proceedings of the hearing shall be recorded by any appropriate means. If a sound recording is made, any person shall be entitled to listen to the recording or make copies, at that person’s expense, in the Planning Department (for hearings conducted by the Board of Adjustment) or in the offices of the Town Clerk (for hearings conducted by the Town Council). Quasi-Judicial Hearings If the application being heard requires a quasi-judicial hearing (see Table 2.3, Summary Table of Development Review Procedures), the hearing shall be subject to the following additional procedures: a. The applicant bears the burden of demonstrating that the application complies with applicable standards of this Ordinance, which shall be demonstrated by competent, material, and substantial evidence. The burden is not on the Town or other parties to show that the standards have not been met by the applicant. 2.4.7.

September 25, 2018

Morrisville, NC

Page 2-22

Unified Development Ordinance