Morrisville Unified Development Ordinance - September 2020

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.1. General

E. Limitation on Subsequent Similar Applications

1. If an application requiring a public hearing is denied or withdrawn after provision of or final arrangement for required notice of the public hearing meeting, no application proposing the same or similar development on all or part of the same land shall be submitted within one year after the date of the denial or withdrawal unless the decision-making body waives this time limit in accordance with subsection 2 below. 2. The owner of land subject to the time limit provided in subsection 1 above, or the owner's authorized agent, may submit a written request for waiver of the time limit, along with a fee to defray the cost of processing the request, to the Planning Director, who shall transmit the request to the decision- making body. The decision-making body may grant a waiver of the time limit only if two-thirds of its membership finds that the owner or agent has demonstrated that: a. There is a substantial change in circumstances relevant to the issues or facts considered during review of the prior application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or b. New or additional information is available that was not available at the time of review of the prior application and that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or c. The new application proposed to be submitted is materially different from the prior application; or

d. The final decision on the prior application was based on a material mistake of fact.

SECTION 2.5. APPLICATION-SPECIFIC REVIEW PROCEDURES

General

2.5.1.

This section sets forth supplemental procedures, standards, and related information for each development application reviewed under this Ordinance, as listed in Table 2.3, Summary Table of Development Review Procedures. They state the purpose of the subsection and set forth the applicable review procedure by reference to the standard procedures in Section 2.1, Purpose and Organization of this Article, including any variations of, or additions to, the standard procedures. This is followed by the review standards for the application, and any variations of, or additions to, provisions in the standard procedures that address the expiration and amendment of approvals.

Text Amendment

2.5.2.

A. Applicability

The procedures and standards in this subsection apply to the review of any proposal to revise the text of this Ordinance. B. Text Amendment Procedure The following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of Text Amendment applications and note any specific variations of, or additions to, those review steps. Application Submittal and Acceptance The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3 except that an application may be initiated only by the Planning Director, Planning and Zoning Board, or Town Council. 1.

Morrisville, NC

September 1, 2020

Unified Development Ordinance

Page 2-23