Morrisville Unified Development Ordinance - October 2021

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

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.

Interpretation

Application Submittal and Acceptance

Staff Review and Planning Director Decision

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 Application Submittal and Acceptance The application shall be submitted and accepted, and may be withdrawn or revised, in accordance with Section 2.4.3, except that it may be initiated by the Town Council, the Planning and Zoning Board, any resident or landowner in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. 2. 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. 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

b. Official Record of Interpretations

The Planning Director shall maintain a record of written interpretations that shall be available for public inspection, on reasonable request, during normal business hours.

D. Interpretation Standards

1.

Zoning Map Boundaries Interpretation of zoning district boundaries on the Official Zoning Map shall be in accordance with the standards in Section 11.2, Interpretation of Zoning Map Boundaries, and consistent with the Comprehensive Plan. Unspecified Uses Interpretation of whether an unspecified use falls within a use classification, use category, or use type allowed in a zoning district shall be based the standards in Section 11.3, Use Classifications and Interpretation, and the Comprehensive Plan.

2.

Morrisville, NC

October 1, 2021

Unified Development Ordinance

Page 2-52