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Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.3. Rezoning
Morrisville, NC
June 23, 2017
Unified Development Ordinance
Page 2-27
Conflicts with any other provisions of this Ordinance or the Code of Ordinances;
Is required by changed conditions;
Addresses a demonstrated community need;
Is consistent with the purpose and intent of the zoning districts in this Ordinance, or would improve
compatibility among uses and would ensure efficient development within the town;
Would result in a logical and orderly development pattern; and
Would result in significantly adverse impacts on the natural environment—including, but not limited
to, water, air, noise, stormwater management, wildlife, vegetation, wetlands, and the natural
functioning of the environment.
2.5.3.
Rezoning
A.
Applicability
The procedure and standards in this subsection apply to the review of any proposal to revise the
Zoning Map to change the zoning district classification applicable to a particular parcel, portion of
a parcel, or group of parcels.
An application for Conceptual Master Plan Approval may be submitted and reviewed concurrently
with an application for Conditional Rezoning (see Section
2.5.4). In such a case, the Town Council
shall decide the Conceptual Master Plan Approval application concurrently with its decision on the
Conditional Rezoning application, and the approved Conceptual Master Plan Approval
application—including any conditions of such approval agreed to by the applicant and subject to
the post-decision actions and limitations in Section
2.5.4.C.7,shall constitute a condition of the
Conditional Rezoning application and approval.
B.
General, Conditional, and Planned Development Rezonings Distinguished
There are three types of rezoning authorized by this Ordinance: General Rezonings; Conditional
Rezonings; and Planned Development Rezonings.
A General Rezoning reclassifies land to a base zoning district and subjects future development in
the district to all the development regulations applicable to that district, including allowance of the
full range of uses and development intensity permitted in the district.
A Conditional Rezoning reclassifies land to a conditional zoning district that is parallel to a base
zoning district and subjects future development in the district to the same development regulations
applicable to the parallel base district except as modified by conditions that:
a.
Are proposed or agreed to by the owner(s) of the subject land;
b.
Incorporate any proposed modifications to use, intensity, or development standards applicable
in the parallel base district; and
c.
Are limited to conditions that address conformance of the allowable development and use of
the rezoning site with Town regulations and adopted plans, and impacts reasonably expected
to be generated by the allowable development or use of the site.
A Planned Development Rezoning reclassifies land to a Planned Development (PD) zoning district
for which applicable development regulations are defined by a Planned Development plan and
agreement (PD Plan/Agreement). Subsequent development with a PD district occurs through
Subdivision Approval and Site Plan Approval procedures and standards, which ensure compliance
with the PD Plan/Agreement.