Sec. 3.7. Site Plan Review

3.7.1. General

Site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review, when applicable, shall verify that proposed 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.:

A. Complies with all applicable Ordinance requirements, including any applicable 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.;

B. Complies with all previously approved applicable plans, including open spaceClosed Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. and trails plans, and bicycle and pedestrian plans;

C. Provides for trash handling, recycling, grease bins, and other wasteClosed As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. related facilities employed in the normal operation of the use;

D. Provides adequate locations of parking areas, and pedestrian and vehicular access points and circulation;

E. Provides adequate design of traffic patterns, traffic control measures, and street pavement areas, with provisions for maintaining traffic flows and reducing unfavorable effects of traffic on nearby properties;

F. Provides adequate stormwaterClosed The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. facilities, water supply, sanitary sewer service, and fire protection, as evidenced by conformance with department standards, specifications, and guidelines;

G. Complies with requirements for easementsClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. and dedicationsClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency.;

H. Where a TIA has been submitted, accommodation for the traffic generated by the 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. with the existing or funded transportation system, or adequate traffic mitigation measures, are provided.

3.7.2. Applicability

All proposed 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. or changes of use, except as indicated below, shall be subject to the site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review process. 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. that is part of a Common Plan of 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. as defined in the City of Durham Code of Ordinances shall be subject to regulations and requirements therein. The following are exempt from site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review:

A. Single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-familyClosed A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. 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. on existing single lots of recordClosed Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds..

B. TownhouseClosed A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouse 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. consisting of 10 units or fewer where each unit has a maximum footprint of 1,000 square feet. Additionally, land disturbance shall be less than 1 acre in the Jordan Reservoir WatershedClosed All of the land area draining to a particular point on a water course or to a water body., 12,000 square feet in the Falls Reservoir WatershedClosed All of the land area draining to a particular point on a water course or to a water body., and 0.5 acre in the Neuse River Basin.

C. Accessory dwelling unitClosed A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling. 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. where the primary use is civic, consisting of 20 units or fewer where each unit has a maximum footprint of 1,000 square feet. Additionally, land disturbance shall be less than 1 acre in the Jordan Reservoir WatershedClosed All of the land area draining to a particular point on a water course or to a water body., 12,000 square feet in the Falls Reservoir WatershedClosed All of the land area draining to a particular point on a water course or to a water body., and 0.5 acre in the Neuse River Basin.

D. 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. of lots 20,000 square feet or less located in the CI District or utilizing the CI District dimensional standards. For residential uses, CI District densityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. standards shall apply to any project utilizing the CI district dimensional standards. Additionally, land disturbance shall be less than 12,000 square feet in the Falls Reservoir WatershedClosed All of the land area draining to a particular point on a water course or to a water body..

E. 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. that does not require review by any City or County department for conformance with the standards of this Ordinance; or does not require a permit such as but not limited to fences or flagpoles. In instances where these types of 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. require a certificate of appropriateness (COA) or a special use permit, a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. will not be required.

F. Change of use where no additions to buildings or structures, or exterior land improvements, are proposed and the change of use:

1. Does not require additional parking or stacking.

2. Does not require additional landscaping.

3. Does not require a Traffic Impact Analysis (TIA) or no improvements are required as a result of a TIA analysis.

4. Only requires Architectural Review per Sec. 3.22, Architectural Review.

G. Public Right-of-Way Improvements

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. projects consisting only of public utilityClosed A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility. improvements within the public right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., improvements to the public right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. (repairing, surfacing, striping, widening, stabilizing, landscaping), or other improvements in the right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. where the Planning Director, or designee, determines another City or County approval process verifies conformance to this Ordinance. Exceptions are as follows:

1. In Design Districts, a separate site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. application can be filed or site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review can occur through another technical review by the City or County for that 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. project.

2. In local historic districts, a separate site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. application can be filed or site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review can occur through review of the required COA application.

3.7.3. Types of Site Plans

A. Administrative Site Plans

The approving authority is the Planning Director or designee.

B. Major Site Plans

1. The approving authority is the Governing Body.

2. Criteria:

a. The request is for approval pursuant to a standard established in the Ordinance that requires Governing Body approval; or

b. Involves the requirement of a major or transportation special use permit; or

c. Is located in a WatershedClosed All of the land area draining to a particular point on a water course or to a water body. Protection Overlay Critical Area (A), as defined in Sec. 4.11, Watershed Protection Overlay, with impervious surfaceClosed A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. that exceeds the maximum permitted by the Low Density OptionClosed One of two approaches available for development in Watershed Protection Overlays that relies on non-structural means, specifically lower intensity limits, to minimize the risk of water pollution. under Sec. 8.7, Watershed Protection Overlay Standards.

C. Site Plan Amendments

1. The Planning Director, or designee, is authorized to approve minor changes to the approved site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., resulting from field conditions and which result in an equivalent or better performance.    

2. Significant changes to the approved site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., such as but not limited to a change in access points, relocation of buildings or parking areas, relocation of stormwaterClosed The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. facilities, and changes of use that require different 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. standards, shall be resubmitted for site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval as a new site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. application.

3. Changes to an approved, valid site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. required as a result of an update to the applicable Flood InsuranceClosed The insurance coverage provided under the National Flood Insurance Program. Rate Map(s) (FIRM) or other detailed flood data pursuant to paragraph 8.4.2, Applicability, shall be submitted as a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. amendment.

4. A site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. amendment request shall clearly identify the elements for which approval is sought in both text and graphic form. Only those elements so identified shall be reviewed and considered for approval. If any element of an approved plan is changed but not identified, the amendment request shall be denied in its entirety or, if already approved, the amendment shall be deemed null and void in its entirety.

5. Site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. amendments to plans approved under the 1994 Merged Zoning Ordinance, as amended, shall follow approval procedures of this paragraph 3.7.3C, Site Plan Amendments.

3.7.4. Conformance to an Approved Development Plan

A site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. shall conform to an approved 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. except as required under paragraph 3.5.12E, Changes Required by Ordinance or Other Law, or as authorized under paragraph 3.5.12, Deviations from Approved Development Plans, and paragraph 3.5.6C, Authority of the Planning Director.

3.7.5. Site Plan Requirements

A. A pre-application conference shall be required pursuant to paragraph 3.2.2, Pre-Application Conference.

B. An application for site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review shall be submitted in accordance with paragraph 3.2.4, Application Requirements.

C. Site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. shall demonstrate compliance with all applicable Ordinance requirements, including any 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. obtained pursuant to Sec. 3.14, Variance, and any other applicable 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. requirements. Site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. documents shall contain the information required within the site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. checklists maintained by the Planning Department unless expressly exempted by another provision of this Ordinance, or unless the Planning Director or designee makes the determination that less detailed information is adequate for review.

D. No processing or review of a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. will proceed without the required information.

E. Site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. applications shall utilize applicable forms maintained by the applicable City, County, or State department or agencyClosed A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc..

F. A site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. shall conform to an approved 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. except as required under paragraph 3.5.12D, Changes Required by Ordinance or Other Law, or as authorized under paragraph 3.5.12, Deviations from Approved Development Plans, and paragraph 3.5.6C, Authority of the Planning Director.

G. All requirements imposed through a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. shall run with the land and shall apply against any ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds., subsequent ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds., or occupant.

3.7.6. Final Approval

A. Site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. can be considered for final approval only after all comments have been satisfied as determined by the applicable reviewing department or agencyClosed A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc..

B. Approved plans shall be stamped, signedClosed 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., and dated by the approving authority or designee.

3.7.7. Issuance of Building Permits

After an approved copy of the site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. is received by the Inspections Director or designee, buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. permits may be issued for the project. No building permitClosed A permit issued by the Inspections Department in conformance with the State Building Code. may be issued until the required site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. is approved.

3.7.8. Inspections of Required Improvements

Inspections of site improvements shall be made by the entity responsible for such improvements as required to certify compliance with approved site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development.. No improvements shall be accepted for maintenance by the governing jurisdiction unless and until the requirements regarding public improvements have been met.

3.7.9. Issuance of Certificate of Compliance

Improvements specified in the approved plan shall be made prior to issuance of a certificate of complianceClosed A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. unless an extension of compliance has been prepared and approved in conformance with the requirements of this Ordinance.

3.7.10. Coordination with Major Special Use Permits

Applications for major special use permits may be submitted concurrently with a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development..

However, decisions shall be rendered with a separate motion.

3.7.11. Coordination with Construction Drawings

Construction drawings shall be approved in accordance with the approved site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development..

3.7.12. Continuing Validity of Site Plans

A. An approved site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. shall retain its validity for four years, and shall remain valid if:

1. A permit to begin 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. pursuant to the site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., such as a land disturbance permit, a building permitClosed A permit issued by the Inspections Department in conformance with the State Building Code., or an improvement permit, has been issued and has remained continuously valid thereafter; and,

2. BuildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or land disturbing activityClosed Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition. has begun on the property.

B. The issuance of a building permitClosed A permit issued by the Inspections Department in conformance with the State Building Code. or a certificate of complianceClosed A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. within a phase of a project shall not extend the validity of the site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for the unbuilt portions of that phase or any future phases of the project for which buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. permits have not been issued.

C. Requests for extensions of validity for site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approved under the previous 1994 Merged Zoning Ordinance, as amended, shall comply with the review criteria specified within that ordinance. The approving authority, however, shall be the Planning Director or designee, utilizing the same findings specified in that Ordinance.

D. Site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. amendments shall not extend the validity of the original, approved site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development..

E. Validity may be extended if vesting is determined per Sec. 3.20, Vested Rights.