Morrisville UDO - June 2017 version

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Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.3. Rezoning
June 23, 2017 Morrisville, NC
Page 2-30 Unified Development Ordinance
(4) Remand the application back to the Planning Director or Planning and Zoning Board for
further consideration. (This may require further public notice and additional review fees.)
c. A decision on a Planned Development Rezoning application shall be one of the following:
(1) Approve the application as submitted (including the submitted PD Plan/Agreement);
(2) Approve the application subject to conditions, with the applicant’s consent;
(3) Deny the application; or
(4) Remand the application back to the Planning Director or Planning and Zoning Board for
further consideration. (This may require further public notice and additional review fees.)
Post-Decision Actions and Limitations
The post-decision actions and limitations in Section shall apply to the application except as
follows:
a. Effect of Approval
Approval of a Rezoning application reclassifies the rezoning site to the approved zoning district
and subjects it to the development regulations applicable to the district (including any conditions
associated with a conditional zoning district, and any PD Plan/Agreement approved as part
of a Planned Development Rezoning). Such approval does not itself authorize specific
development activity.
b. Expiration of Approval
A rezoning does not expire, but shall remain valid unless and until the rezoned land is
subsequently rezoned in accordance with this subsection’s rezoning procedure.
c. Minor Modifications of Approved PD Plan/Agreement Allowed
(1) Subsequent development applications may incorporate minor changes from the
development defined by the PD Plan/Agreement, without the need to amend the PD
Plan/Agreement in accordance with Section
where the Planning Director determines that the changes:
(A) Continue to comply with this Ordinance;
(B) Are necessary to comply with conditions of approval; or
(C) Are consistent with the PD Plan/Agreement approval. Consistency means the
changes would not significantly alter the development’s general function, form,
intensity, character, demand on public facilities, impact on adjacent properties, or
other characteristic from that indicated by the PD Plan/Agreement approval.
(2) In any case, the following changes from the PD Plan/Agreement approval shall constitute
a major change requiring amendment of the PD Plan/Agreement in accordance with
Section
(A) A change in a condition of approval;
(B) An increase greater than 20 percent in residential density;
(C) An increase greater than 20 percent in total nonresidential floor area;
(D) An increase greater than ten percent in the amount of land devoted to
nonresidential uses; and
(E) A deviation greater than 20 percent in the extent to which one type of residential
use may be converted to another type of residential use and one type of