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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 2-59
a.
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;
b.
The extraordinary and exceptional conditions referred to above are not the result of the actions
of the landowner;
c.
Because of the extraordinary and exceptional conditions referred to above, the application of
this Ordinance 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;
d.
The Variance would not confer any special privilege on the landowner that is denied to other
lands or structures that are similarly situated;
e.
The extent of the Variance is the minimum necessary to allow a reasonable use of the land or
structure;
f.
The Variance is in harmony with the general purpose and intent of this Ordinance and preserves
its spirit;
g.
The Variance would not adversely affect the health or safety of persons residing or working in
the neighborhood, be injurious to property or improvements in the neighborhood, or otherwise
be detrimental to the public welfare; and
h.
The Variance is consistent with the Comprehensive Plan.
Additional Review Standards for Variances from Flood Damage Prevention Standards
a.
If the Variance application involves standards in
Section 5.6, Floodplain Management,the
Board of Adjustment shall reach each of the following additional conclusions, based on findings
of fact supported by competent, substantial, and material evidence presented at the hearing:
(1)
The Variance would not result in increased flood heights;
(2)
The Variance would not result in additional threats to public safety;
(3)
The Variance would not result in extraordinary public expense;
(4)
The Variance would not create nuisances;
(5)
The Variance would not cause fraud on or victimization of the public; and
(6)
The Variance would not conflict with existing local laws or ordinances.
b.
The Board of Adjustment’s review of a Variance application involving flood damage prevention
standards shall consider all technical evaluations and relevant factors, including:
(1)
The danger that materials may be swept onto other lands to the injury of others;
(2)
The danger to life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility to the community;
(5)
The necessity of the facility to a waterfront location, in the case of a functionally
dependent facility;
(6)
The availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use;
(7)
The compatibility of the proposed use with existing and anticipated development;