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 6.6.2and 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The application shall be submitted and accepted, and may be withdrawn, in accordance with Section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.