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Article 2: Administration

Section 2.5. Application-Specific Review Procedures

2.5.15. Interpretation

June 23, 2017

Morrisville, NC

Page 2-56

Unified Development Ordinance

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.

Post-Deci

s

ion Actions

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 Board of Adjustment or a court of law.

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

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.

Text Provisions

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

d.

Consistency with the Comprehensive Plan.

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