Morrisville UDO - June 2017 version

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Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.16. Variance
June 23, 2017 Morrisville, NC
Page 2-58 Unified Development Ordinance
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 Sectio subject to the following provisions.
a. The decision shall be one of the following:
(1) Approve the application as submitted;
(2) Approve the application subject to conditions;
(3) Deny the application.
b. Approval of the application shall require the affirmative vote of at least 4/5 of all the
members of the board. (In such cases, vacant positions and members who are excused from
voting shall not be considered members of the board.)
Post-Decision Actions
The post-decision actions and limitations in Section shall apply to the application except as
follows:
a. Issuance and Recordation of Variance
If the Variance application is approved, the Planning Director 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. On expiration of the deadline for
filing an appeal of the decision (see Section , the applicant shall record such
documentation with the Register of Deeds of the county in which the subject property is located.
b. Effect of Approval
(1) Approval and recordation of a 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 and approvals 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.
(2) Unless it expires in accordance with subsection below, an approved and recorded
Variance—including any approved plans and 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.
c. Expiration of Approval
A 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.
D. Variance Review Standards
General Variance Review Standards
A Variance application shall be approved only if the Board of Adjustment reaches each of the
following conclusions, based on findings of fact supported by competent, substantial, and material
evidence presented at the hearing: