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Article 6: Riparian Buffers

Section 6.6. Variances from Riparian Buffer Regulations

6.6.1. Applicability

June 23, 2017

Morrisville, NC

Page 6-8

Unified Development Ordinance

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

6.6.1.

Applicability

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).

6.6.2.

Riparian Buffer Variance Procedure

Figur

e 6.6.2

and the following subsections identify those steps in the standard review procedure (se

e 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The application shall be submitted and accepted, and may be withdrawn, in accordance with Section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 Sectio

n 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.