Morrisville UDO Administrative Manual, August 1, 2018 version

Part 2. Application Review Procedures 2.5 Procedures for Flexibility, Variances, and Appeals

Text Amendment

B.

 This procedure applies to a proposal initiated by the Town Council, the Planning and Zoning Board, or the Planning Director to amend the text of the UDO.  Town staff processes text amendments approximately every six months.  See Section 2.5.2 in the UDO for specific application procedures.

Something to Know Any resident or owner of property in Morrisville may ask the Town Council, Planning and Zoning Board, or Planning Director to initiate a Text Amendment application, but it is up to the discretion of the Town whether to agree to initiate a Text Amendment application and determine the scope and extent of the Text Amendment to be considered.

Zoning Compliance Letter

A Zoning Compliance Letter is a letter issued by the Planning staff certifying that a development complies with the UDO’s use standards and other standards directly related to use (e.g., buffers, setbacks, zoning, minimum lot size, and parking standards). Something to Know Zoning Compliance Letters are prepared within 10 business days of the receipt of a completed application. A zoning compliance letter request must be submitted using request form (see 4.4.11). 2.5. PROCEDURES FOR FLEXIBILITY, VARIANCES, AND APPEALS Some development projects might be beneficial to the community but may not be accommodated by current zoning and strict application of current development standards to existing lot patterns. Recognizing this, the UDO offers “flexibility” through the supplemental procedures described in this part, which may precede or occur concurrently with the basic development review procedures.

Administrative Adjustment

The Administrative Adjustment procedure is intended to provide a simple way to allow minor deviations, or adjustments, of one or more of the UDO’s dimensional or quantitative standards.

Things to Know 

A request must be submitted and reviewed concurrently with site plan, preliminary subdivision, construction plan, sign permit, building permit, or certificate of compliance/occupancy.  Approval of an Administrative Adjustment expires if the associated application is denied or if approval of the concurrently reviewed application expires, revoked, or otherwise becomes invalid.

The administrative adjustment cannot be used to circumvent a requirement in order to maximize the development potential. The request must fall within specific limitations set forth in the UDO. See Section 2.5.19 in the UDO for specific application procedures.

Administrative Appeal

The Administrative Appeal procedure allows any party aggrieved by a decision made by Planning staff, Engineering staff, or other Town administrative official in administering or enforcing the provisions of the UDO to appeal that decision to the Board of Adjustment.

Things to Know 

If a decision on an Administrative Appeal application pertains to application of a particular provision of the UDO in a particular circumstance, the appeal decision is binding on subsequent decisions by Town administrative officials in applying the same provision in the same circumstance.  A decision on an Administrative Appeal application does not expire, but remains valid except to the extent the UDO is subsequently amended to reflect any modification of reversal of the decision that was appealed.

This procedure applies only to appeals of administrative decisions. Final decisions by the Board of Adjustment or Town Council relative to the UDO may be appealed to the courts in accordance with State law.

August 1, 2018

Morrisville, NC

Page 2-22

Administrative Manual