Morrisville Unified Development Ordinance - April 2019

Article 6: Riparian Buffers Section 6.6. Variances from Riparian Buffer Regulations 6.6.1. Applicability

E. Plats

Parcels that include riparian buffers must show the buffer areas, with both zones labeled and dimensioned, on the recorded plats.

(Ord. No. 2016-054, 11/22/2016)

SECTION 6.6. VARIANCES FROM RIPARIAN BUFFER REGULATIONS

Applicability

6.6.1.

A. General

The procedure and standards in this subsection apply to the review of applications for a Riparian Buffer Variance seeking hardship relief from the standards of this article. B. Minor Variances and Major Variances Distinguished

Minor Variance

A Minor Variance is a variance pertaining to activities that will impact only Zone Two of the riparian buffer.

Major Variance

A Major Variance is a variance pertaining to activities that will impact any portion of Zone One of the riparian buffer (irrespective of whether it also impacts Zone Two).

Riparian Buffer Variance Procedure

6.6.2.

Figure 6.6.2 and the following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Riparian Buffer Variance application and note any specific variations of, or additions to, those review steps.

A. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

B. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3. C. Staff Review and Report The Town Engineer 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.

D. Scheduling and Public Notice of Meetings

The application shall be scheduled, and required public notices provided, for a Board of Adjustment meeting in accordance with Section 2.4.5.

E. 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.

April 23, 2019

Morrisville, NC

Page 6-8

Unified Development Ordinance