Morrisville Unified Development Ordinance - February 2021.2

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

Special Use Permit in accordance with Section 2.4.8.D, Modification or Amendment of Approval, 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 Section 2.4.8.D, Modification or Amendment of Approval: (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 (F) A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types. (3) Before determining whether a change is a minor change or a major change, the Planning Director shall review the record of the proceedings on the Special Use Permit application and consider whether any proposed modification would require evidentiary support in addition to that on which approval of the Special Use Permit application was based. A Special Use Permit application shall be approved only if the Town Council reaches each of the following conclusions of law, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing: 1. The proposed development will not materially endanger the public health or safety; 2. The proposed development will comply with all regulations and standards generally applicable within the zoning district and specifically applicable to the particular type of Special Use; 3. The proposed development will not substantially injure the value of adjoining property, or is a public necessity; 4. The proposed development will be in harmony with the intensity, scale, and character of development existing or planned in the surrounding area; 5. The proposed development will not cause undue traffic congestion or create a traffic hazard;

(Ord. No. 2016-001, 05/10/2016) D. Special Use Permit Review Standards

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-34