Morrisville Unified Development Ordinance - May 2020

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

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 approvedand recordedSpecial 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) 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: (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) 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 greater than 20 percent in residential density; (C) An increase greater than 20 percent in total nonresidential floor area;

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

D. Special Use Permit Review Standards

A Special Use Permit application shall be approved only if the Town Council reaches each of the followingconclusions of law, based on findings of fact supportedby competent, substantial, andmaterial evidence presented at the hearing: 1. The proposed development will not materially endanger the public health or safety ;

Morrisville, NC

May 26, 2020

Unified Development Ordinance

Page 2-37