Morrisville Administrative Manual_September 2023

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

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

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.

See Section 2.5.22 in the UDO for specific application procedures.

Alternative Equivalent Compliance

The Alternative Equivalent Compliance procedure is intended to allow deviations from access and circulation, building organization and design, parking and loading, or landscaping standards where needed to encourage creative and unique design that might not be possible through compliance with the letter of those standards. This flexibility is available only if the alternative design can be demonstrated as achieving the intent of the standards to an equivalent degree as the standards themselves, and it provides one or more public benefits acceptable to the Town Council. Things to Know ▪ This flexibility procedure is limited to certain listed standards. ▪

Approval of Alternative Equivalent Compliance expires if the associated application is denied or if approval of the concurrently reviewed application expires, revoked, or otherwise becomes invalid.

See Section 2.5.20 in the UDO for specific application procedures.

Morrisville, NC

July 2023 Page 2-20

Administrative Manual