Morrisville Unified Development Ordinance - October 2021

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.17. Riparian Buffer Variance

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4) The importance of the services provided by the proposed facility to the community;

(5) The necessity of the facility to a waterfront location, in the case of a functionally dependent facility; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(7) The compatibility of the proposed use with existing and anticipated development;

(8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

3. Insufficient Grounds for Approving Variances

The following factors shall not constitute sufficient grounds for approval of any Variance:

a. A request for a particular use that is expressly, or by inference, prohibited in the zoning district;

b. Hardships resulting from factors other than application of requirements of this Ordinance;

c. The fact that land or a structure may be utilized more profitably or be more marketable with a Variance; or d. The citing of other nonconforming or conforming uses of land or structures in the same or other zoning districts.

2.5.17. Riparian Buffer Variance

See Section 6.6, Variances from Riparian Buffer Regulations.

2.5.18. Stormwater Variance

See Section 7.2.5, Stormwater Variances.

2.5.19. Administrative Adjustment

A. Purpose An administrative adjustment is intended to allow minor deviations, or adjustments, to certain dimensional or numerical standards in this Ordinance based on specific criteria. The intent is to provide relief where application of a standard creates practical difficulties in allowing development that otherwise advances the purposes served by the standards of this Ordinance and the Comprehensive Plan, and is compatible with surrounding development.

B. Applicability

1. The procedure and standards in this subsection apply to the review of applications for an Administrative Adjustment, which may be submitted and granted for the standards identified in

Morrisville, NC

October 1, 2021

Unified Development Ordinance

Page 2-56