Morrisville UDO - June 2017 version

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Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.16. Variance
Morrisville, NC June 23, 2017
Unified Development Ordinance Page 2-57
2.5.16. Variance
A. Purpose
The purpose of a Variance is to allow certain deviations from standards of this Ordinance when the
landowner demonstrates that, owing to special circumstances or conditions beyond the landowner’s
control (such as exceptional topographical conditions or the narrowness, shallowness, or shape of a
specific parcel of land), the literal application of the standards would result in undue and unique hardship
to the landowner and the deviation would not be contrary to the public interest. Variances are to be
sparingly exercised and only in rare instances and under exceptional circumstances to relieve undue and
unique hardships to the landowner. No change in permitted uses or increases in maximum allowable
development intensity may be authorized by variance.
B. Applicability
The procedure and standards in this subsection apply to the review of applications for a Variance
seeking hardship relief from the standards of this Ordinance other than the
standards in and
provided that no Variance may be sought or granted that
would permit a use not allowed by use standards applicable in a zoning
district or increase development intensity (e.g., dwelling units per acre or
floor area ratio) beyond that allowed by intensity standards applicable in
a zoning district. (Procedures and standards for variances from riparian
buffer standards are in
those for variances from stormwater management regulations
are in )
C. Variance Procedure
Figure and the following subsections identify those steps in the
standard review procedure (se applicable to the review of a
Variance application and note any specific variations of, or additions to,
those review steps.
Pre-Application Conference
The applicant shall hold a pre-application conference with Town staff
in accordance with Section
Application Submittal and Acceptance
The application shall be submitted and accepted, and may be
withdrawn, in accordance with Section
Staff Review and Report
The Planning Director shall review the application, allow revisions of
the application, and prepare a staff report in accordance with Section
except that the staff report shall summarize the variance
request based on submitted evidence—but need not include a
recommendation for action.
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
Variance
Board of Adjustment
Review, Quasi-Judicial
Public Hearing, and
Decision
Scheduling and Notice of
Meetings
Staff Review and
Recommendation
with DRC review
Application Submittal and
Acceptance
Pre-Application
Conference
Step is Applicable
Step is Not Applicable
Planning and Zoning
Board Review and
Recommendation
Figure 2.5.16.C