Morrisville UDO - June 2017 version

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Article 2: Administration
Section 2.4. Standard Review Procedures
2.4.7. Board of Adjustment or Town Council Review and Decision
June 23, 2017 Morrisville, NC
Page 2-22 Unified Development Ordinance
C. Revision of Application
After the Planning and Zoning Board has reviewed an application but has not yet taken action on
it, the applicant may request an opportunity to revise the application. The board may grant such a
request on condition that revisions shall be limited changes that directly respond to specific requests
or suggestions made by the staff or the Planning and Zoning Board and shall constitute only minor
additions, deletions, or corrections, and not significant substantive changes, to the development
proposed by the application.
Any other revisions to the application may be submitted, but the revised application shall be
submitted to the Planning Director and reviewed as if it were a new application. The revised
application is subject to additional application fees to defray the additional processing costs.
2.4.7. Board of Adjustment or Town Council Review and Decision
If a development application is subject to a final decision by the Board of Adjustment or Town Council (see
Table , that body shall review and act on the
application in accordance with the following procedures.
A. Public Hearing Procedures
General
If the application is subject to a hearing (see Table
, the Board of Adjustment or Town Council, as appropriate, shall hold a hearing on the
application in accordance with the following procedures.
a. On being properly recognized by the person chairing the hearing, any person may appear at
the public hearing, either individually or as a representative of an organization, and submit
documents, materials, and other written or oral testimony in support of or in opposition to the
application.
b. Before start of the meeting, persons intending to speak at the public comment session shall
register to speak, providing their name, home or business address, and if appearing on behalf
of an organization, the name and mailing address of the organization. Persons actually
speaking at the session shall begin by identifying themselves.
c. The person chairing the hearing may place reasonable and equitable time restrictions on the
presentation of testimony and the submittal of documents and other materials.
d. The body conducting the hearing may, on its own motion or at the request of any person,
continue the public hearing to a fixed date, time, and place, for good cause.
e. The proceedings of the hearing shall be recorded by any appropriate means. If a sound
recording is made, any person shall be entitled to listen to the recording or make copies, at
that person’s expense, in the Planning Department (for hearings conducted by the Board of
Adjustment) or in the offices of the Town Clerk (for hearings conducted by the Town Council).
Quasi-Judicial Hearings
If the application being heard requires a quasi-judicial hearing (see Table
, the hearing shall be subject to the following additional
procedures:
a. The applicant bears the burden of demonstrating that the application complies with applicable
standards of this Ordinance, which shall be demonstrated by competent, material, and
substantial evidence. The burden is not on the Town or other parties to show that the standards
have not been met by the applicant.