Morrisville UDO - June 2017 version

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Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.17. Riparian Buffer Variance
June 23, 2017 Morrisville, NC
Page 2-60 Unified Development Ordinance
(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.
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
2.5.18. Stormwater Variance
See Section
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
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
Table Allowable Administrative Adjustments, up to the limits set forth in the table for the
type of standard.
An application for an Administrative Adjustment may only be submitted and reviewed concurrently
with applications for a Special Use Permit, Type 1 Subdivision Preliminary Plat Approval, Type 2
Subdivision Preliminary Plat Approval, Major Site Plan Approval, Minor Site Plan Approval,
Construction Plan Approval, Sign Permit, Building Permit, or Certificate of Compliance/Occupancy.
Where the concurrently reviewed application is subject to review and approval by the Planning
and Zoning Board, Board of Adjustment, or Town Council, Town staff shall review and decide the
Administrative Adjustment application before distributing the concurrently reviewed application to
the Planning and Zoning Board, Board of Adjustment, or Town Council.
(Ord. No. 2016-001, 05/10/2016)