Morrisville Unified Development Ordinance - May 2020

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.19. Administrative Adjustment

Administrative Adjustment

2.

Staff Review and Decision The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

Step is Applicable

Step is Not Applicable

a. Approve the application as submitted;

b. Approve the application subject to conditions; or

c.

Deny the application.

Pre-Application Conference

3.

Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows: a. Ef f ect of Approval Approval of an Administrative Adjustment authorizes only the particular adjustment of standards approved, as applied only to the development authorized by the approved development application with which it is associated. b. Expiration of Approval Approval of an Administrative Adjustment shall automatically expire if the associated development application is denied or if approval of the concurrently reviewed application expires, is revoked, or otherwise becomes invalid.

Application Submittal and Acceptance

Staff Review and Planning Director Decision

Scheduling and Notice of Meeting

Planning and Zoning Board Review and Recommendation

Town Council Review and Decision

D. Administrative Adjustment Review Standards

An application for an Administrative Adjustment shall be approved only if the Planning Director determines that the adjustment falls within the limitations in Table 2.5.19.B, Allowable Administrative Adjustments, and that: 1. The Administrative Adjustment is consistent with the character of development in the surrounding area, and will not result in incompatible development. 2. Any adverse impacts resulting from the Administrative Adjustment will be mitigated to the maximum extent practicable. 3. The Administrative Adjustment is of a technical nature (i.e., relief from a dimensional or design standard), and is either: a. Required to compensate for some unusual aspect of the development site or the proposed development that is not shared by landowners generally (e.g. lot size or configuration); Figure 2.5.19.C

b. Proposed to protect sensitive natural resources or save healthy existing trees;

c. Required to eliminate a minor inadvertent failure to fully comply with a standard;

d. Required due to natural conditions, such as watercourses, riparian buffers, natural rock formations, or topography;

e. Needed for infill development or redevelopment on small lots; or

f. Required due to the presence of existing utilities or other easements. 4. The Administrative Adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to the public health or safety.

Morrisville, NC

May 26, 2020

Unified Development Ordinance

Page 2-64