Morrisville Unified Development Ordinance - February 2021

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.3. Rezoning

7.

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. 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 subse quently 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 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 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 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; 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 nonresidential use may be converted to another type of nonresidential use, as identified in the conversion schedule. d. Action if Condition of Conditional Rezoning Invalidated If any condition applicable to a Conditional Rezoning approval is declared invalid by a court of competent jurisdiction, the Town Council may subsequently rescind the approval on determining that it would not have approved the application but for the condition. If the Town Council rescinds its approval, it shall provide the applicant an opportunity to revise the application in accordance with Section 2.4.7.D, Revision of Application, in response to the condition invalidation and rescission.

(Ord. No. 2016-001, 05/10/2016)

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-28