Updated Working DRAFT UDO_Adopted Version_July 2024

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.17. Variance

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.

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 Planning 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;

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4) The importance of the services provided by the proposed facility to the community;

(5) The necessity of the facility to a waterfront location, in the case of a functionally dependent facility; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(7) The compatibility of the proposed use with existing and anticipated development;

(8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

3. Insufficient Grounds for Approving Variances

The following factors shall not constitute sufficient grounds for approval of any Variance:

a. A request for a particular use that is expressly, or by inference, prohibited in the zoning district;

b. Hardships resulting from factors other than application of requirements of this Ordinance;

c. The fact that land or a structure may be utilized more profitably or be more marketable with a Variance; or

Morrisville, NC

July 1, 2024 Page 2-58

Unified Development Ordinance