Morrisville Unified Development Ordinance - October 2019

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.22. Administrative Appeal

B. Administrative Appeal Procedure Figure 2.5.22.B shows those steps in the standard review procedure (see Section 2.4) that apply to the review of applications for Administrative Appeal. Specific variations of, or additions to, the standard review procedures are identified below. Application Submittal and Acceptance The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, subject to the following:

a. The application shall:

(1) Identify the decision, interpretation, order being appealed;

(2) State facts demonstrating that the applicant is a party aggrieved by the decision, interpretation, or order being appealed; (3) Describe the alleged error in the decision, interpretation, or order being appealed and the grounds on which the applicant contends that an error was made;

(4) Set forth facts and materials in support of the appeal; and

(5) Set forth the relief the applicant seeks.

b. Except for appeals of the amount of an imposed civil penalty, submittal and acceptance of an Administrative Appeal application stays all Town actions in furtherance of the decision, interpretation, or order being appealed unless the official from whom the appeal is taken certifies to the Board of Adjustment that, because of facts stated in the certification, a stay would cause imminent peril to life or property, or that, because the violation charged is transitory in nature, a stay would seriously interfere with enforcement of this Ordinance. In that case, proceedings may not be stayed except by a restraining order granted by the Board of Adjustment or by a court of record on petition, after notice to the official from whom the appeal is taken, and for due cause shown. a. Refer the application to the administrative official whose decision, interpretation, or order is being appealed; b. Collect and compile all documents and other materials relevant to the decision, interpretation, or order being appealed; and c. Transmit the application and relevant documents and other materials to the Board of Adjustment in accordance with Section 2.4.4.C.2. 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 Staff Transmittal of Materials to Board of Adjustment The Planning Director shall:

a. The decision shall be one of the following:

(1) Affirmation of the decision, interpretation, or order being appealed (in whole or in part);

(2) Modification of the decision, interpretation, or order being appealed (in whole or in part); or

Morrisville, NC

October 1, 2019

Unified Development Ordinance

Page 2-69