UDO Update 082024

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.6. Special Use Permit

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. 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 Special Use Permit in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes: c. (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 g eneral 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) Continue to comply with this Ordinance; (B) Are necessary to comply with conditions of approval; or

(A)

A change in a condition of approval;

(B)

An increase 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; (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.

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

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-37