Morrisville UDO Administrative Manual, August 1, 2018 version

Part 2. Application Review Procedures 2.4 Additional Application Procedures

Unified Development Ordinance Amendments

The UDO was designed to anticipate and accommodate a wide variety of development forms that will achieve the Comprehensive Plan’s goals and objectives—but there will be cases where current UDO regulations did not anticipate and do not accommodate some forms or aspects of development that would further the goals and objectives. In these cases, it is appropriate to consider whether the UDO’s Zoning Map or text should be amended. The amendment procedures described below provide mechanisms for such consideration.

Rezoning (Map Amendment)

A.

 There are three types of Rezonings: General, Conditional, and Planned Development. The following summarizes these three procedures: The General Rezoning procedure applies to a proposal by the Town or a property owner to simply change the property’s zoning to one of the UDO’s base or overlay zoning districts. If the rezoning is approved, the rezoned land is subject to all of the regulations applicable to all other properties so zoned.  The Conditional Rezoning procedure applies to a proposal by a property owner to change the property’s zoning to a zoning district that is parallel to a base zoning district with additional restrictions.  The Planned Development Rezoning procedure applies to a proposal by a property owner to change the property’s zoning to a special type of district where applicable district and development regulations are defined by a Planned Development plan and agreement that is included in the application.  Amending the Zoning Map (Rezoning) is a matter committed to the legislative discretion of the Town Council. In deciding the application, the Town Council should consider and weigh the relevance of and consider whether and the extent to which the proposed rezoning: A rezoning remains valid until the rezoned land is subsequently rezoned in accordance with this procedure.  General Rezonings are processed quarterly. Things to Know  

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Is consistent with the Comprehensive Plan;

 Is consistent with any provisions of this Ordinance or the Code of Ordinances;

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Is required by changed conditions;

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Addresses a demonstrated community need;

 Is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zoning district for the land;

 Would result in a logical and orderly development pattern;

 Would result in development that is adequately served by public facilities (e.g., streets, potable water, sewerage, stormwater management, solid waste collection and disposal, schools, parks, police, and fire and emergency medical facilities);  Would avoid 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.

 Would not adversely affect the property values in the area; and

 Would be consistent with the public interest and the purposes and intent of this Ordinance.

 See Section 2.5.3 in the UDO for specific application procedures.

Morrisville, NC

August 1, 2018

Administrative Manual

Page 2-21