UDO Update 082024

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.8. Site Plan Approval

Approval 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 Site Plan approval or any prior Town Council approval on which it was based (e.g., PD Plan/Agreement approval, Conceptual Master Plan Approval, Site 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 Site Plan Approval or any prior Town Council approval on which it was based. (2) In any case, the following changes from the Site Plan Approval or any prior Town Council approval on which it was based shall constitute a major change requiring amendment of the Site Plan Approval 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 20 percent in the height of a structure;

(E) An increase greater than ten percent in the amount of land devoted to nonresidential uses; (F) 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 (G) A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types. (3) Applications for multifamily development determined to be complete in accordance with Section 2.4.3.F, Determination of Application Completeness, on or before July 28, 2015 may only seek approval of a minor change from the standards in Section 5.9.4, Exterior Facade Materials and Colors for All Development, Section 5.9.8, Building and Design Standards for Multifamily Development, Section 5.9.9, Building and Design Standards for the Transit-Oriented Development (TOD) District, or Section 5.9.10, Building and Design Standards for Town Center Development, after complying with the standards in Section 5.5.3.C, Payment in Lieu of Providing Required Public Recreation Area. An application for Site Plan Approval shall be approved only if the Planning Director determines that the Site Plan: 1. Identifies tree protection areas as required in Section 5.4.5, Tree Protection Plan and Tree Protection Areas; 2. Complies with applicable district standards in Article Zoning Districts, and applicable use standards in Article 4: Use Standards; 3. Complies with the provisions of the Statement of Voluntary Compliance in Section 5.9.7.B.2 of this Ordinance, if applicable;

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

C. Site Plan Approval Standards

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-48