Morrisville UDO - June 2017 version

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Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.22. Administrative Appeal
Morrisville, NC June 23, 2017
Unified Development Ordinance Page 2-69
a. Refer the application to the administrative official whose decision, interpretation, or order is
being appealed;
b. Collect and compile all documents and other materials relevant to the decision, interpretation,
or order being appealed; and
c. Transmit the application and relevant documents and other materials to the Board of
Adjustment in accordance with Section
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
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) Affirmation of the decision, interpretation, or order being appealed (in whole or in part);
(2) Modification of the decision, interpretation, or order being appealed (in whole or in part);
or
(3) Reversal of the decision, interpretation, or order being appealed (in whole or in part).
b. In deciding the application, the Board of Adjustment shall make any order, requirement,
decision, or determination that in its opinion ought to be made in the circumstances, and shall
have all the powers of the officer from whom the appeal is taken.
Post-Decision Actions
The post-decision actions and limitations in Section shall apply to the application except as
follows:
a. Effect of Approval
To the extent a decision on an Administrative Appeal application pertains to application of a
particular provision of this Ordinance in a particular circumstance, the appeal decision shall be
binding on subsequent decisions by the Planning Director, Town Engineer, or other
administrative official in applying the same provision of this Ordinance in the same
circumstance.
b. Expiration of Approval
The decision on an Administrative Appeal application does not expire, but shall remain valid
except to the extent this Ordinance is subsequently amended to reflect any reversal or
modification of the decision, interpretation, or order that was appealed.
C. Administrative Appeal Review Standards
The Board of Adjustment shall review the Administrative Appeal application in accordance with the
standards of this Ordinance applicable to the decision, interpretation, or order being appealed,
and shall base its decision solely on the record established below for the decision, interpretation,
or order being appealed. The record shall consist of the all documents, hearing records, and other
materials related to the decision, interpretation, or order.
The Board of Adjustment may modify or reverse a decision, interpretation, or order (in whole or in
part) only if it finds that there is competent substantial evidence in the record of a clear and
demonstrable error in the administrative officer’s application of the relevant standards or provisions
of this Ordinance.