Morrisville Unified Development Ordinance - February 2021.2

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.5. Special Use Permit

3. Staff Review and Recommendation The Planning Director shall review the application, allow revisions of the application, and prepare a staff report and recommendation in accordance with Section 2.4.4. 4. Scheduling and Public Notice of Meetings The application shall be scheduled, and required public notices provided, for Town Council meetings, in accordance with Section 2.4.5. 5. Town Council Review and Decision The Town Council shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7, subject to the following provisions. a. The decision shall be one of the following: (1) Approve the application as submitted; (2) Approve the application subject to conditions; (3) Deny the application; 6. Post-Decision Actions and Limitations The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows: a. Issuance and Recordation of Special Use Permit (1) If the Special Use Permit application is approved, the Planning Director shall issue the applicant a Special Use Permit that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval. (2) On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B), 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 a 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

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-33