Sec. 3.2. Common Review Procedures

3.2.1. Applicability

The review procedures described below apply to the types of applications listed below, as may be limited by the individual subsections that follow.

A. Comprehensive PlanClosed The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. Amendment

B. Zoning Map Change

C. SubdivisionClosed 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., including Conservation SubdivisionClosed 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.

D. Site PlanClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development.

E. Special UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit

F. SignClosed 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. Permit

G. Temporary UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit

H. Home OccupationClosed 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. Permit

I. VarianceClosed A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship.

J. AppealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. of Administrative Decision

K. Historic District/Landmark Designation

L. Certificate of Appropriateness

M. UDO Text Amendment

N. Vested RightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. Determination

O. Floodplain Development PermitClosed Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity.

P. Architectural Review

Q. Reasonable Accommodation

R. Street Closing/Withdrawal

S. Street Renaming

T. Annexation

U. Statutory DevelopmentClosed 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

3.2.2. Pre-Application Conference

A. Before submitting an application for developmentClosed 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. approval that does not require a pre-submittal conference, it is recommended that a pre-application conference be scheduled with the Planning Director or designee to discuss the procedures, standards and regulations required for developmentClosed 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. approval in accordance with of this Ordinance.

B. A mandatory pre-application conference with the Planning Director or designee shall be required for the following developmentClosed 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. reviews:

1. Comprehensive PlanClosed The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. amendments (text or map) not initiated by the City or County;

2. Zoning map changes and UDO text amendments, including petitions to initiate a neighborhood protection overlay, not initiated by the City or County;

3. Site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary platClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review. applications for property zoned or in the process to be zoned:

a. Design District; or

b. With a development planClosed A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..

4. Conservation subdivisionClosed 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. (after preparation of site analysis map);

5. Minor or major special use permit;

6. VarianceClosed A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship.;

7. Reasonable accommodation;

8. Landmark designation;

9. Major works certificate of appropriateness;

10. Annexation

11. Street Closing

12. Street Renaming; and

13. Statutory DevelopmentClosed 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

C. A mandatory pre-application conference with the City Transportation Director or designee shall be required for the following developmentClosed 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. reviews:

1. Traffic impact analysis; and

2. Transportation special use permit.

D. Validity Time-Period

If an application is not submitted within six months of the date of the pre-application conference, a new pre-application conference is required.

3.2.3. Neighborhood Meeting

A. At least one neighborhood meeting shall be held according to the Planning Department procedures for any application indicated as requiring a neighborhood meeting as specified per this Ordinance.

B. The purpose of the neighborhood meeting shall be to begin engagement with the neighborhood about the nature of the proposed land use and developmentClosed 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. features, explain the site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. if any, solicit comments, and establish an engagement plan with the neighborhood to be undertakenClosed The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. throughout the application submittal and review process. This requirement shall not mean that all residents and stakeholders are required to attend such a meeting.

C. Mailed Notice

The applicant shall provide notice to each ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. of record of any land located within 600 feet of the subject property by first class mail at least 10 days prior to the date of the neighborhood meeting.

Commentary:  It is also recommended that the same notice, either by email or first class mail, be provided to any applicable neighborhood organization, homeowners’ association, or similar neighborhood community organization.

D. The neighborhood meeting notice shall include at a minimum the following:

1. The applicant’s name and telephone number;

2. The street address of the site with an identification map;

3. A clear explanation of what the applicant is proposing; and

4. The date, time, and location of the meeting.

E. The Planning Director or designee may developClosed 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. administrative regulations setting forth guidelines pertaining to any additional requirements for the conduct of the meeting. Such guidelines shall be subject to review by the Joint City-County Planning Committee.

3.2.4. Application Requirements

The following requirements shall apply to all applications for developmentClosed 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. approval identified in paragraph 3.2.1, Applicability.

A. Forms

Applications required under this Ordinance shall be submitted on forms and in such numbers as required by the appropriate department. All forms shall include, at a minimum, the following information:

1. Contact information for the individual or firm submitting the application.

2. Contact information for the individual or firm on whose behalf the application is being submitted.

3. Identification of the property affected by the application, such as a legal description, address, or REID as may be appropriate.

4. Any other information required by the director of the appropriate department, or designee, or the provisions of this Ordinance.

B. Fees

1. All applications and associated fees shall be filed with the appropriate department.

2. Filing fees shall be established from time to time to defray the actual cost of processing the application.

3. An applicant who has paid the appropriate fee pursuant to the submission of an application, but who chooses to withdraw such application prior to its distribution for review shall be entitled to a refund of the total amount paid, less ten percent for administrative costs, upon written request to the appropriate department. Once review has begun, no refund shall be available, except that unused notice surcharges shall be refunded less ten percent for administrative purposes. No refund of technology surcharges shall be provided.

C. Applications Sufficient for Processing

1. Applications shall include all required fees, and contain all required information as described on forms available from each department involved in the review process, unless modified by the department, in writing, pursuant to 2, below. Incomplete applications may be reviewed in extraordinary circumstance.

2. The presumption shall be that all of the information required in the application forms is necessary to satisfy the requirements of this section. However, it shall be recognized that each application is unique, and therefore more or less information may be required according to the needs of the particular case. The applicant may rely on the recommendations of the appropriate department as to whether more or less information should be submitted.

3. Once the application has been determined sufficient for processing, copies of the application shall be referred by the appropriate department to the appropriate reviewing entities.

4. The director of the appropriate department, or designee, may require an applicant to present evidence of the authority to submit an application.

5. An application shall be considered to have been accepted for review only after it has been determined to be complete as provided above, not upon submission to the appropriate department.

D. Application Deadline

Applications sufficient for processing shall be submitted to the director of the appropriate department, or designee, in accordance with the established schedule. Schedules indicating submittal dates shall be developedClosed 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. each year and made available to the public.

E. Staff Consultation after Application Submitted

1. Upon receipt of an application sufficient for processing, the director of the appropriate department, or designee, shall review the application and confer with the applicant to ensure an understanding of the applicable requirements of this Ordinance; that the applicant has submitted all of the information they intend to submit; and that the application represents precisely and completely what the applicant proposes to do.

2. Once the applicant indicates that the application is as complete as the applicant intends to make it, the application shall be placed before the appropriate approving authority in accordance with standard procedures. However, if the director of the appropriate department, or designee, believes the application is incomplete, a recommendation to deny the application on that basis shall be provided to the appropriate approving authority.

F. Related Applications

1. Related applications necessary for developmentClosed 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. approvals may be filed and reviewed simultaneously, at the option of the applicant. Any application that also requires a varianceClosed A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship., special use permit, or certificate of appropriateness shall not be eligible for final approval until the varianceClosed A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship., special use permit, or certificate of appropriateness has been granted.

2. Related applications submitted simultaneously are subject to approval of all other related applications; denial or disapproval of any concurrently submitted application shall stop consideration of any related applications until the denied or disapproved application is resolved.

G. Active Application Time Period

1. Requests for additional information, corrections, or other modifications for all applications, unless otherwise indicated in this Ordinance, shall be returned to the Planning Director or designee within six months from the date comments on the application are officially issued. Failure to meet this deadline shall result in the application being considered withdrawn and voided, thus requiring a new application, including all requirements associated with a new application.

2. Requests for additional information, corrections, or other modifications for applications submitted to address a notice of violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall be returned to the Planning Director or designee within 30 days from the date comments on the application are officially issued. Failure to meet this deadline shall result in the application being considered withdrawn and voided, thus requiring a new application, including all requirements associated with a new application.

3.2.5. Notice and Public Hearings

A. Summary of Notice Required

1. Notice shall be required for applications for developmentClosed 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. approval as shown in the table below.

Procedure

Published

Mailed

Posted

Comprehensive PlanClosed The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. Amendment

Zoning Map Change, including an initial zoning map changeClosed A zoning map change that establishes the City’s zoning authority over newly annexed territory, per NC General Statute 160D-202(g), or establishes the County’s zoning authority over newly relinquished territory, per NC General Statute 160D-202(h).

Site PlanClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development.

 

 

Minor Special UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit

 

Major or Transportation Special UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit

 

VarianceClosed A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship.

 

AppealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. of Administrative Decision

 

Major Works Certificate of Appropriateness

 

Historic District Designation

Historic Landmark Designation

 

Historic Properties Local Review Criteria Text Amendment

 

 

Historic District Preservation Plan Text Amendment

UDO or Comprehensive PlanClosed The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. Text Amendment

 

 

Vested RightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. Determination

Rectification Report

 

 

Reasonable Accommodation

 

Street Closing

Street Renaming

Annexation

 

 

Statutory DevelopmentClosed 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

 

2. Exceptions to the table above are as follows:

a. Mailed noticeClosed Either surface mail or e-mail, unless one is explicitly directed. for site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. shall be required only for major site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. pursuant to paragraph 3.7.3B, Major Site PlansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development..

b. Posting and mailing for Comprehensive PlanClosed The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. amendments shall be required only for amendments that change a Tier designation or Place Type Map designation without an associated zoning map change.

c. For AppealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. of Administrative Decision, posting is not required when the appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. is not site specific.

B. Public Notice Requirements

1. Published Notice

An advertisement shall be placed by the Planning Department in a local newspaper of general circulation once a week for two successive calendar weeks, the first notice being published not less than ten days nor more than 25 days before the date fixed for the public hearing.

2. Mailed Notice
a. Mailed Notice Table

The director of the appropriate department or designee shall provide notification as indicated in the notification table below:

Procedure Mailing Range
Subject Property, if applicable Distance of Property from Subject Property2 (ft.)

Comprehensive PlanClosed The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. Place Type Map or Tier Map Amendment

1,000

Zoning Map Change, including an Initial Zoning Map ChangeClosed A zoning map change that establishes the City’s zoning authority over newly annexed territory, per NC General Statute 160D-202(g), or establishes the County’s zoning authority over newly relinquished territory, per NC General Statute 160D-202(h).

1,000

Site PlansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development.1

600

Board of Adjustment

600

Governing Body Quasi-Judicial Hearings

1,000

Historic District Designation; Neighborhood Protection Overlay

100

Historic Landmark Designation and Certificate of Appropriateness (Major Works)

All adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. properties3

Historic District Preservation Plan Text Amendment

All adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. properties3

Vested RightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. Determination

All adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. properties3

Annexation

600

Street Closing

 

All adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. properties4

Street Renaming

 

All adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. properties

Statutory DevelopmentClosed 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

1,000

1 Mailed NoticeClosed Either surface mail or e-mail, unless one is explicitly directed. shall be required only for major site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. pursuant to paragraph 3.7.3B, Major Site PlansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development..

2 When the extent of the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. falls within the right‐of‐way, the property adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to the opposing side of the right‐of‐way shall be

included for notification.

3 Properties are “adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point.” even if separated by a street, railroad, or other transportation corridor.

4 Mailed noticesClosed Either surface mail or e-mail, unless one is explicitly directed. shall comply with the standards set forth in the North Carolina General Statutes (NCGS).

b. Mailed Notices

(1) All mailed notifications shall be performed through first class mail utilizing the County property tax listings for property ownership.

(2) Where the tax records reflect a different mailing address for an ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. of the property and the actual property address, then notification shall also be mailed to the address of the property itself in addition to the property ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. address, unless the property is vacant.

(3) If accurate individual mailing addresses of the residents of multifamilyClosed A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. properties are not readily available, then the property shall be posted with a resident notice signClosed 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. in the right‐of‐way immediately adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to the multifamilyClosed A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. property. The resident notice signClosed 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. shall be posted in accordance with paragraph 3.2.5B.3.

(4) The notice shall be mailed at least 14 but not more than 25 days prior the date of the public hearing.

(5) Mailed noticeClosed Either surface mail or e-mail, unless one is explicitly directed. under this section shall not be required if a zoning map change directly affects more than 500 properties owned by a total of at least 500 different property ownersClosed Any person having charge of any real property according to the records held by the Register of Deeds., and the Planning Director or designee elects to use the following expanded published notice requirements:

(6) An advertisement of not less than one-half page may be placed in a local newspaper of general circulation once a week for two successive calendar weeks, the first notice being published not less than 10 days nor more than 25 days before the date fixed for the public hearing.

(7) In addition to the published notice, the Planning Director or designee shall post one or more signsClosed 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. on or immediately adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to the subject area reasonably calculated to give public notice of the proposed change in accordance with paragraph 4.c., Posted Notice, below rather than the notice required pursuant to subsection 3, Posted Notice (SignClosed 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.), below.

(8) Mailed noticeClosed Either surface mail or e-mail, unless one is explicitly directed. shall be provided by first class mail to property ownersClosed Any person having charge of any real property according to the records held by the Register of Deeds. who reside outside of the newspaper’s circulation area.

3. Posted Notice (Sign)

A signClosed 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. noticing the public hearing shall be prominently posted by the director of the appropriate department, or designee, not less than 14 days prior to the public hearing at which the application shall be reviewed. The signClosed 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. shall be posted on the property or at a point visible from the nearest improved street. Where a site fronts along multiple improved public streets, one signClosed 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. is required for each street frontageClosed The boundary of a property adjacent to one side of a street., unless such street frontageClosed The boundary of a property adjacent to one side of a street. has limited access and poses unsafe conditions for posting such as, but not limited to, freewaysClosed A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended. and expresswaysClosed The same attributes as a freeway but with partial control of access and some limited driveways. Such facilities are identified and further described on the adopted Comprehensive Transportation Plan, as amended.. In the case of multiple parcelsClosed See “Lot of record.”, sufficient signsClosed 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. shall be posted to provide reasonable notice to interested personsClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity..

4. Content of Notice
a. Published or Mailed Notice

Except for applications in paragraph b below a published or mailed noticeClosed Either surface mail or e-mail, unless one is explicitly directed. shall provide at least the following:

(1) A general description or address of the location of the land that is the subject of the application and, for mailed noticeClosed Either surface mail or e-mail, unless one is explicitly directed., a location map;

(2) A description of the action requested;

(3) Where a zoning map change or a Comprehensive PlanClosed The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. Future Land UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Map amendment is proposed, the current and proposed designations;

(4) The time, date and location of the public hearing;

(5) A phone number to contact the Planning Director or designee;

(6) A statement that interested parties may appear at the public hearing; and

(7) A statement that substantial changesClosed In regards to wireless communication facilities, a modification that substantially changes the physical dimensions of an existing tower or base station if it meets any of the criteria detailed in the FCC Report and Order FCC14-153, or as amended. to the proposed action may be made following the public hearing.

b. b. Published Notice for UDO, Comprehensive Plan, Historic District Preservation Plan, or Historic Properties Local Review Criteria Text Amendments

A published notice shall include the following specific information:

(1) A summary description of the proposed change;

(2) The time, date and location of the public hearing;

(3) A phone number to contact the Planning Director or designee;

(4) A statement that interested parties may appear at the public hearing; and

(5) A statement that substantial changesClosed In regards to wireless communication facilities, a modification that substantially changes the physical dimensions of an existing tower or base station if it meets any of the criteria detailed in the FCC Report and Order FCC14-153, or as amended. to the proposed action may be made following the public hearing.

c. Posted Notice

Required posted notices shall indicate the following:

(1) A case number;

(2) Type of action; and

(3) A phone number to contact the Planning Director, or designee.

C. Minor Defects in Notice

Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. For instances where notice was not executed per the Durham Unified DevelopmentClosed 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 but meets the requirement set forth in the North Carolina General Statutes, notice will be deemed legally sufficient.

D. Public Notification Service

Any organization or individual may register with the Planning Department to receive, at a minimum, a monthly electronic notification.

1. The notification shall contain the scheduled public hearings for the procedures listed in paragraph 3.2.5A, Summary of Notice Required, and major site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development..

2. To be eligible for registration, the applicant must provide the notification information required by the Planning Department.

3. Each organization or individual is responsible for providing updated information to the Planning Department in order to continue receiving notice.

4. The information provided shall be consistent with paragraph 3.2.5B.4, Content of Notice, as applicable for the specific application.

E. Required Hearing

1. A legislative public hearing or a quasi-judicial hearing shall be required for developmentClosed 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. review as shown in the table below.

Applications for Approval

Historic Preservation Commission

Board of Adjustment

Planning Commission

Governing Body

Transportation Special UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit

 

 

 

1

Comprehensive PlanClosed The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. Adoption/Amendment

 

 

Zoning Map Change

 

 

Minor UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit

 

1

 

 

Major Special UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit

 

 

 

1

VarianceClosed A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship.

 

1

 

 

AppealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. of Administrative Decision

 

1

 

 

Historic District Designation

 

Historic Landmark Designation

 

 

Certificate of Appropriateness (Major Works)

1

 

 

 

UDO Text Amendment

 

 

Historic District Preservation Plan Text Amendment

 

2

Historic Preservation Local Review Criteria Text Amendment

 

 

Site-Specific Vested RightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. Determination

 

 

 

Reasonable Accommodation

 

1

 

 

Annexation

 

 

 

Street Closing

 

 

 

Street Renaming

 

 

 

Statutory DevelopmentClosed 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

 

 

3

1 Requires a quasi-judicial hearing.

2 Required only if associated with adding or removing a local historic district designation.

3 Only if associated with a zoning map change or modifies an Ordinance standard, per Sec. 3.26, Statutory Development Agreement.

 

2. The day of the public hearing shall be considered the day the hearing is originally advertised for, unless a deferral is granted by the governing body upon a request that follows the procedures set forth in this Ordinance regarding timely submission of requests for deferrals.

3.2.6. Pending Jurisdiction

After a request for annexation into the city has been submitted and accepted as complete, an application per paragraph 3.2.1, Applicability, may be received and reviewed under the receiving jurisdictional regulations pursuant to NCGS § 160D-204. No final action shall be made until the change in jurisdiction is official.

3.2.7. Notice of Decision

A copy of a decision regarding an application shall be provided to the applicant and filed in the appropriate department to be available for public inspection during regular officeClosed A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. hours.