Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.22. Administrative Appeal
June 23, 2017
Morrisville, NC
Page 2-68
Unified Development Ordinance
a fundamental effect on approval of the site-specific development plan or the
concurrently reviewed development application.
(2)
Revocation of Site-Specific Development Plan Designation eliminates the vested right
established by approval of the Site-Specific Development Plan Designation, but does not
itself terminate any unexpired development permit or approval associated with the plan.
2.5.22.
Administrative Appeal
A.
Right to Appeal
Any party aggrieved by a decision, interpretation, or order made by the
Planning Director, Town Engineer, or other Town administrative official in
administering or enforcing the provisions of this Ordinance may appeal the
decision, interpretation, or order to the Board of Adjustment by submitting
an Administrative Appeal application to the Planning Director within 30
days after the decision, interpretation, or order being appealed.
B.
Administrative Appeal Procedure
Figure
2.5.22.Bshows those steps in the standard review procedure (see
Section 2.4)that apply to the review of applications for Administrative
Appeal. Specific variations of, or additions to, the standard review
procedures are identified below.
Application Submittal and Acceptance
The application shall be submitted and accepted, and may be
withdrawn, in accordance with Section
2.4.3,subject to the following:
a.
The application shall:
(1)
Identify the decision, interpretation, order being appealed;
(2)
State facts demonstrating that the applicant is a party
aggrieved by the decision, interpretation, or order being
appealed;
(3)
Describe the alleged error in the decision, interpretation, or
order being appealed and the grounds on which the
applicant contends that an error was made;
(4)
Set forth facts and materials in support of the appeal; and
(5)
Set forth the relief the applicant seeks.
b.
Except for appeals of the amount of an imposed civil penalty,
submittal and acceptance of an Administrative Appeal application
stays all Town actions in furtherance of the decision, interpretation,
or order being appealed unless the official from whom the appeal is taken certifies to the
Board of Adjustment that, because of facts stated in the certification, a stay would cause
imminent peril to life or property, or that, because the violation charged is transitory in nature,
a stay would seriously interfere with enforcement of this Ordinance. In that case, proceedings
may not be stayed except by a restraining order granted by the Board of Adjustment or by
a court of record on petition, after notice to the official from whom the appeal is taken, and
for due cause shown.
Staff Transmittal of Materials to Board of Adjustment
The Planning Director shall:
Administrative
Appeal
Board of Adjustment
Review and Decision
with quasi-judicial public
hearing
Scheduling and Notice of
Meetings
Staff Compilation and
Transmittal of Relevant
Document and Materials
Application Submittal and
Acceptance
Pre-Application
Conference
Step is Applicable
Step is Not Applicable
Planning and Zoning
Board Review and
Recommendation
Figure 2.5.22.B