Morrisville Unified Development Ordinance - July 2021.1

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.15. Interpretation

B. No Certificate of Compliance/Occupancy shall be issued for a structure except in accordance with all prior approvals. Issuance of a Certificate of Compliance/Occupancy does not preclude requirements for licenses and other approvals.

Interpretation

Application Submittal and Acceptance

2.5.15. Interpretation

A. Purpose

Staff Review and Planning Director Decision

The purpose of this section is to provide a uniform mechanism for rendering formal written interpretations of this Ordinance.

B. Authority

Responsibility for making interpretations of provisions of this Ordinance is assigned as follows:

1. The Planning Director shall be responsible for all interpretations of the zoning and subdivision provisions in the text of this Ordinance, including, but not limited to, interpretations of compliance with a condition of approval, and interpretations of whether an unspecified use falls within a use classification, use category, or use type allowed in a zoning district. The Planning Director shall also be responsible for interpretations of the zoning district boundaries on the Official Zoning Map. 2. The Town Engineer shall be responsible for all interpretations of the riparian buffer, stormwater management, and engineering provisions in the text of this Ordinance. 3. The Building Official shall be responsible for all interpretations of Building Code provisions as they relate to this Ordinance including interpretations relating to issuance of a Certificate of Compliance/Occupancy. C. Interpretation Procedure The following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of an Interpretation application and note any specific variations of, or additions to, those review steps. 1. Application Submittal and Acceptance The application shall be submitted and accepted, and may be withdrawn or revised, in accordance with Section 2.4.3, except that it may be initiated by the Town Council, the Planning and Zoning Board, any resident or landowner in the town, or any person having a contractual interest in land in the town. Staff Review and Decision The Planning Director shall review the application and render a decision in accordance with Section 2.4.4, except that the decision shall be in the form of a written interpretation and the Planning Director shall consult with the Town Attorney and affected Town officials before rendering the interpretation. 2. The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows: a. Effect of Approval A written interpretation shall be binding on subsequent decisions by the Planning Director or other Town administrative official in applying the same provision of this Ordinance or the Zoning Map in the same circumstance, unless the interpretation is reversed or modified on appeal to the Planning and Zoning Board or a court of law. 3. Post-Deci s ion Actions

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-51