Morrisville UDO - June 2017 version

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Article 11: Interpretation and Definitions
Section 11.3. Use Classifications and Interpretation
11.3.2. Interpretation of Unlisted Uses
June 23, 2017 Morrisville, NC
Page 11-8 Unified Development Ordinance
farms, warehousing/distribution, and wholesale establishments. The category also includes flex
space (major and minor) buildings, industrial parks, and mini-storage facilities. Accessory activities
may include limited retail or wholesale sales, offices, parking, and storage.
(Ord. No. 2014-022, 06/24/2014)
Manufacturing Uses
The Manufacturing Uses category includes use types involved in the manufacturing, processing,
fabrication, packaging, or assembly of goods. Products may be finished or semi-finished and are
generally made for the wholesale market, made for transfer to other plants, or made to order for
firms or consumers. This use category divides such uses into light, medium, and heavy manufacturing
use types, based on the general extent of off-site impacts and extent of outdoor storage. It also
includes custom manufacturing (establishments primarily engaged in the on-site production of goods
by use of hand tools and small-scale equipment). Goods are generally not displayed or sold on-
site, but if so, such sales are a subordinate part of total sales. Relatively few customers come to the
manufacturing site. Accessory uses may include limited retail sales and wholesale sales, offices,
cafeterias, employee recreational facilities, warehouses, storage yards, repair facilities, truck
fleets, fueling facilities, and security and caretaker’s quarters.
Extraction and Landfill Uses
The Extraction and Landfill Uses category is characterized by activities related to the extraction of
naturally occurring materials and the processing and disposal of solid waste. . Example use types
include extraction of earth products such as stone, gravel, sand, or soil; hydraulic fracturing for
natural gas; oil exploration; sanitary, reclamation, and debris landfills; and recycling facilities. This
use category does not include facilities for the drop-off or collection, and temporary holding, of
household or business recyclables (classified as minor utilities in the utility and communication use
category). Accessory uses may include offices, and outdoor storage.
(Ord. No. 2016-001, 05/10/2016)
11.3.2. Interpretation of Unlisted Uses
A. Procedure for Interpreting Unlisted Uses
The Planning Director may interpret a particular principal use or accessory use or structure not expressly
listed in as allowed in a particular zoning district—as a permitted principal
use, a Special Use, or a permitted accessory use or structure—based on the standards in subsection
o below, as appropriate.
B. Criteria for Allowing Unlisted Principal Uses
The Planning Director shall interpret an unlisted principal use as an allowed permitted use or a Special
Use in a particular zoning district only after finding that the nature, function, and duration of the use and
the impact of allowing it in the zoning district are so similar to those of a use type or use category that
is allowed in the zoning district that the unlisted use should be deemed allowed in the same manner (i.e.,
as a permitted use or a Special Use) as the similar use type or use category and subject to the same
use-specific standards. In making such interpretation, the Planning Director shall consider the relevant
characteristics of the unlisted use relevant to the those of listed and defined use types and/or of the use
categories described in this section, the purpose and intent statements in this Ordinance concerning the
zoning district , and the character of use types allowable in the district. The
relevant characteristics of the unlisted use that should be considered in making this interpretation include,
but are not limited to, the following:
Actual or projected characteristics of each activity likely to occur at the unlisted use;
The type, size, orientation, and nature of buildings, and structures devoted to each activity;