Morrisville Unified Development Ordinance - September 2020

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.16. Variance

3.

Post-Deci s ion Actions

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.

Application Submittal and Acceptance

Staff Review and Planning Director Decision

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. Interpretation of text provisions and their application shall be based on the standards in Section 11.1, Interpretation of Ordinance Text, and the following considerations: a. The clear and plain meaning of the provision’s wording, as defined by the meaning and significance given specific terms used in the provision—as established in Section 11.5, Terms and Uses Defined, and by the common and accepted usage of the term; b. The intended purpose of the provision, as indicated by purpose statements, its context and consistency with surrounding and related provisions, and any legislative history to its adoption; c. The general purposes served by this Ordinance, as set forth in Section 1.1.3, Purpose and Intent; and Text Provisions

2.

3.

d. Consistency with the Comprehensive Plan.

(Ord. No. 2014-22, 06/24/2014)

2.5.16. Variance

A. Purpose The purpose of a Variance is to allow certain deviations from standards of this Ordinance when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner’s control (such as exceptional topographical conditions or the narrowness, shallowness, or shape of a specific parcel of land), the literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest. Variances are to be sparingly exercised and only in rare instances and under exceptional circumstances to relieve undue and

Morrisville, NC

September 1, 2020

Unified Development Ordinance

Page 2-51