Morrisville UDO - June 2017 version

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Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.5. Special Use Permit
June 23, 2017 Morrisville, NC
Page 2-36 Unified Development Ordinance
(2) On expiration of the deadline for filing an appeal of the decision (see Section ,
the applicant shall record the Special Use Permit with the Register of Deeds for the county
in which the development site is located and return a copy of the recorded Special Use
Permit to the Planning Director.
b. Effect of Approval
Approval and recordation of a Special Use Permit application allows approval of a
concurrently-reviewed Site Plan Approval application for the same development, and
authorizes submittal of other development applications that may be required before
construction or use of the development authorized by the approved Special Use Permit.
c. Expiration of Approval
(1) Approval of a Special Use Permit application shall expire if the Special Use Permit is not
recorded in the appropriate county Register of Deeds in accordance with subsection
above within 30 days after expiration of the deadline for filing an appeal of the decision
approving the application.
(2) An approved and recorded Special Use Permit shall expire if an application for a
Construction Plan Approval for the approved development is not accepted for review
within one year after the date of approval of the Special Use Permit application.
(3) An approved and recorded Special Use Permit shall expire if at any time after its issuance
any other applicable State or federal agency revokes or terminates a required permit.
d. Minor Modifications Allowed
(1) Subsequent development applications may incorporate minor changes from the
development defined by the Special Use Permit approval, without the need to amend the
Special Use Permit 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 Special Use Permit approval or any Town Council approval
on which the Special Use Permit approval was based (e.g., PD Plan/Agreement
approval, Conceptual Master Plan 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 Special Use Permit approval or any prior
Town Council approval on which it was based.
(2) In any case, the following changes from the Special Use Permit approval or Town Council
approval on which it was based shall constitute a major change requiring amendment of
the Special Use Permit in accordance with Sectio
(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;
(E) A change greater than ten percent in the ratio of gross floor area devoted to
residential uses to that devoted to nonresidential floor area; and