Morrisville Unified Development Ordinance – September 2018

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

(2) On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B), the applicant shall record the Special Use Permit with the Register of Deeds for the county in which the development site is located and return a copy of the recorded Special Use Permit to the Planning Director. 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. c. 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: (A) Continue to comply with this Ordinance; (B) Are necessary to comply with conditions of approval; or (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: (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 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

September 25, 2018

Morrisville, NC

Page 2-36

Unified Development Ordinance