Morrisville UDO - June 2017 version

Article 2: Administration

Section 2.5. Application-Specific Review Procedures

2.5.1. General

Morrisville, NC

June 23, 2017

Unified Development Ordinance

Page 2-25

Limitation on Subsequent Similar Applications

If an application requiring a public hearing is denied or withdrawn after provision of or final

arrangement for required notice of the public hearing meeting, no application proposing the same

or similar development on all or part of the same land shall be submitted within one year after the

date of the denial or withdrawal unless the decision-making body waives this time limit in

accordance with subsectio

n 2

below.

The owner of land subject to the time limit provided in subsectio

n 1

above, or the owner's authorized

agent, may submit a written request for waiver of the time limit, along with a fee to defray the

cost of processing the request, to the Planning Director, who shall transmit the request to the decision-

making body. The decision-making body may grant a waiver of the time limit only if two-thirds of

its membership finds that the owner or agent has demonstrated that:

There is a substantial change in circumstances relevant to the issues or facts considered during

review of the prior application that might reasonably affect the decision-making body's

application of the relevant review standards to the development proposed in the new

application; or

New or additional information is available that was not available at the time of review of the

prior application and that might reasonably affect the decision-making body's application of

the relevant review standards to the development proposed in the new application; or

The new application proposed to be submitted is materially different from the prior

application; or

The final decision on the prior application was based on a material mistake of fact.

SECTION 2.5. APPLICATION-SPECIFIC REVIEW PROCEDURES

2.5.1.

General

This section sets forth supplemental procedures, standards, and related information for each development

application reviewed under this Ordinance, as listed in Table

2.3, Summary Table of Development Review Procedures.

They state the purpose of the subsection and set forth the applicable review procedure by

reference to the standard procedures in

Section 2.1, Purpose and Organization of this Article,

including any

variations of, or additions to, the standard procedures. This is followed by the review standards for the

application, and any variations of, or additions to, provisions in the standard procedures that address the

expiration and amendment of approvals.

2.5.2.

Text Amendment

Applicability

The procedures and standards in this subsection apply to the review of any proposal to revise the text

of this Ordinance.

Text Amendment Procedure

Figure

2.5.2.B

and the following subsections identify those steps in the standard review procedure (see

Section 2.4)

applicable to the review of Text Amendment applications and note any specific variations

of, or additions to, those review steps.