Sec. 2.7. Durham City-County Planning Department

2.7.1. Establishment

The Durham City-County Planning Department is established in accordance with NCGS § 160D-402, and serves as the administrative staff for the City of Durham and Durham County. The Department administers this Ordinance for the City and County, unless otherwise specified within this Ordinance.

2.7.2. Planning Director

The Planning Director is designated as head of the Durham City-County Planning Department and shall be responsible for administering the provisions of this Ordinance as set forth in this section.

2.7.3. Delegation of Authority

The Planning Director may designate any staff member to represent the Director in any function assigned by this Unified Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. Ordinance. The Director shall remain responsible for any final action.

2.7.4. Powers and Duties

The Planning Director or designee shall have the following powers and duties.

A. The Planning Director or designee is designated to perform the following duties:

1. Make studies of the area within the planning jurisdiction and surrounding areas;

2. Determine objectives to be sought in the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of the study area;

3. Prepare plans for achieving these objectives;

4. Develop Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and recommend policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;

5. Advise the governing bodies concerning means for carrying out plans or amending plans;

6. Accept, receive and disburse funds, grants, and services made available by the Federal government or the State government used in the furtherance of departmental functions;

7. Administer zoning and subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. regulations and other related land use controls;

8. Exercise any functions in the administration and enforcement of various means for carrying out plans that the governing bodies may direct;

9. Develop Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., approve, and implement design guidelines;

10. Develop Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., approve, and implement administrative procedures and guidelines to execute the provisions of this Ordinance; and

11. Perform any other related duties that the governing body may direct.

B. The Planning Director or designee shall be responsible for reviewing and making recommendations regarding the following:

1. Applications for major site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review;

2. Applications for major preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. review;

3. Applications for minor and major certificates of appropriateness;

4. Applications for special use permits;

5. Amendments to adopted land use plans Any land use plan adopted by a governing body including, specifically, the Comprehensive Plan.;

6. Amendments to the text of this Ordinance;

7. Applications for zoning map change;

8. Applications for street closing;

9. Applications for street renamings;

10. Applications for annexations;

11. Applications for statutory development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. agreement;

12. Applications for historic district/landmark designation; and

13. Applications for vested rights The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. determinations requiring a public hearing pursuant to Sec. 3.20, Vested Rights The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. Determination and NCGS 160D-108.

C. The Planning Director or designee shall be responsible for final action regarding the following:

1. Interpretation of this Ordinance;

2. Applications for Sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. Permits;

3. Applications for subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. review pursuant to Sec. 3.6, Subdivision Review;

4. Applications for site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. pursuant to Sec. 3.7, Site Plan Review;

5. Applications for common and way-finding signage plans A plan delineating unifying characteristics for way-finding signs associated within a development project or complex.;

6. Applications for home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. permits;

7. Administrative certificates of appropriateness;

8. Petitions for demolition by neglect investigations;

9. Applications for street withdrawal;

10. Applications for vested rights The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. determinations not requiring a public hearing pursuant to Sec. 3.20, Vested Rights The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance.;

11. Applications for architectural review;

12. Applications for temporary use permits

13. Applications for floodplain development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. permits.; and

14. Applications for vested rights The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. determinations not requiring a public hearing pursuant to Sec. 3.20, Vested Rights The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. Determination, and NCGS 160D-108.