Morrisville Unified Development Ordinance_Sept 2023.1

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

provision of or final arrangement for required notice of the public hearing meeting and submitting an application for Conditional Rezoning. The Conditional Rezoning application is subject to additional application fees to defray the additional processing costs. 3. Staff Review and Recommendation The Planning Director shall review the application, allow revisions of the application, and prepare a staff report and recommendation in accordance with Section 2.4.4. The application shall be scheduled, and required public notices provided, for Planning and Zoning Board and Town Council meetings in accordance with Section 2.4.5. 5. Planning and Zoning Board Review and Recommendation The Planning and Zoning Board shall review the application, hold a public comment session, and make a recommendation in accordance with Section 2.4.6 and the board shall take action on the application for a General Rezoning within 60 days after the meeting at which it first reviews the application — provided, however, that the board may vote to extend this time period to up to 90 days for good cause. 6. Town Council Review and Decision The Town Council shall review the application, hold a standard public hearing, and decide the application in accordance with Section 2.4.7, subject to the following provisions. 4. Scheduling and Public Notice of Meetings

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

(1) Approve the application as submitted;

(2) Approve a rezoning to a more restrictive district, 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.)

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.)

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:

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-28