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Article 6: Riparian Buffers
Section 6.6. Variances from Riparian Buffer Regulations
6.6.3. Riparian Buffer Variance Review Standards
June 23, 2017
Morrisville, NC
Page 6-10
Unified Development Ordinance
Issuance and Recordation of Variance
If a Riparian Buffer Variance application is approved, the Town Engineer shall issue the applicant
documentation of the approval that identifies the property to which it applies, the development
plans on which it is based, and any conditions of approval. The documentation shall also include
notice of the Town’s right to inspect riparian buffers to ensure compliance with this article. On
expiration of the deadline for filing an appeal of the decision (see Section
2.4.8.B), the applicant
shall record such documentation with the Register of Deeds of the county in which the subject
property is located.
Effect of Approval
a.
Approval and recordation of a Riparian Buffer Variance authorizes only the particular
regulatory relief approved as part of the Variance, as applied only to the land for which the
Variance is approved, and only in accordance with any approved plans and documents, and
conditions of approval. It does not exempt the applicant from the responsibility to obtain all
other development permits required by this Ordinance and any other applicable laws, and
does not indicate that the development for which the Variance is granted should receive
approval of other applications for a development permit required under this Ordinance unless
the relevant and applicable portions of this Ordinance or any other applicable laws are met.
b.
Unless it expires in accordance with Section
6 below,an approved and recorded Riparian
Buffer Variance—including any approved plans, documents, and conditions of approval—shall
run with the land, shall be binding on the landowners and their successors and assigns, and shall
not be affected by a change in ownership. All decisions, determinations, and interpretation by
Town staff shall be consistent with an approved and recorded Variance.
Expiration of Approval
A Riparian Buffer Variance shall expire and become invalid if the property owner changes
development on the site such that the extraordinary and exceptional conditions that warranted the
hardship and Variance no longer do so.
6.6.3.
Riparian Buffer Variance Review Standards
A.
Riparian Buffer Variance Review Standards
The Board of Adjustment shall approve an application for a Minor Riparian Buffer Variance or make a
preliminary determination in favor of an application for a Major Riparian Buffer Variance only if it
reaches each of the following conclusions, based on findings of fact supported by competent, substantial,
and material evidence presented at the hearing:
There are extraordinary and exceptional conditions (such as topographic conditions, narrowness,
shallowness, or the shape of the parcel of land) pertaining to the particular land or structure for
which the Variance is sought, that do not generally apply to other lands or structures in the vicinity;
The extraordinary and exceptional conditions referred to above are not the result of the actions
of the landowner;
The applicant did not purchase the property subject to the Variance application after January 22,
1997, if the property is located in the Neuse River Basin, or after April 26, 2011, if the property
is located in the Jordan Lake watershed;
Because of the extraordinary and exceptional conditions referred to above, the application of this
article to the land or structure for which the Variance is sought would effectively prohibit or
unreasonably restrict the utilization of the land or structure and result in unnecessary and undue
hardship;
The Variance would not confer any special privilege on the landowner that is denied to other lands
or structures that are similarly situated;