Morrisville Unified Development Ordinance - October 2019

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

b. A decision on a Conditional Rezoning application shall be one of the following:

(1) Approve the application as submitted (including any conditions proposed as part of a Conditional Rezoning application); (2) Approve the application subject to modified or additional conditions, with the applicant’s consent;

(3) Deny the application; or

(4) Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require further public notice and additional review fees.)

c. A decision on a Planned Development Rezoning application shall be one of the following:

(1) Approve the application as submitted (including the submitted PD Plan/Agreement);

(2) Approve the application subject to conditions, with the applicant’s consent;

(3) Deny the application; or

(4) Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require further public notice and additional review fees.) 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 subsequently 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;

October 1, 2019

Morrisville, NC

Page 2-30

Unified Development Ordinance