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Durham City Zoning Code

Article

2 Review Authority

Sec. 2.10 Summary of Review Authority

The following table summarizes review authority under this Unified DevelopmentClosed Ordinance.

 

Application or Permit

SedimentationClosed and
ErosionClosed Control
OfficerClosed

Inspections
Director

Planning
Director

Historic
Preservation
Commission

Board of
Adjustment

Planning
Commission

Governing
Body

Section

SedimentationClosed and ErosionClosed Control OfficerClosed

Erosion Control PlanClosed

D

 

 

 

 

 

<A>

Sec. 3.8

Planning Director Action

Interpretation of the Ordinance

 

R

D*

 

<A>

 

 

Sec. 3.1

Common and Way-Finding Signage PlansClosed

 

R

D

 

<A>

 

 

Sec. 3.11

Home OccupationClosed Permit

 

 

D

 

<A>

 

 

Sec. 3.13

Administrative Certificate of Appropriateness

 

 

D

[A]

 

 

 

Sec. 3.17

Demolition by Neglect (City Only)

 

 

D

[A]

 

 

 

Sec. 3.18

Vested RightsClosed Determination

 

 

D*

 

 

 

 

Sec. 3.20

Architectural Review

 

 

D

 

[A]

 

 

Sec. 3.22

Administrative Site PlanClosed Review

R

R

D

 

[A]

 

 

Sec. 3.7

SubdivisionClosed Review other than Major Preliminary PlatClosed

R

R

D

 

[A]

 

 

Sec. 3.6

Temporary UseClosed Permit

 

 

D

 

[A]

 

 

Sec. 3.12

SignClosed Permit

 

 

D

 

[A]

 

 

Sec. 3.10

Street Withdrawal

 

 

D

 

[A]

 

 

Sec. 3.24

Floodplain Development PermitClosed

 

 

D

 

 

 

 

Floodplain Development Permit

Historic Preservation Commission Action

Certificate of Appropriateness

 

 

R

[D]

 

 

 

Sec. 3.24

Board of Adjustment Action

VarianceClosed

 

 

R

 

[D]

 

 

Sec. 3.14

AppealClosed of Administrative Decision

 

 

R

 

[D]

 

 

Sec. 3.15

Design or Minor Special UseClosed Permit

 

 

R

 

[D]

 

 

Sec. 3.9

Reasonable Accommodations

 

 

R

 

[D]

 

 

Sec. 3.23

Governing Body Action

Comprehensive PlanClosed Amendment

 

 

R

 

 

<R>

<D>

Sec. 3.4

Text Amendment

 

 

R

 

 

<R>

<D>

Sec. 3.19

Zoning Map Change

 

 

R

 

 

<R>

<D>

Sec. 3.5

Historic District Designation

 

 

R

<R>

 

<R>

<D>

Sec. 3.16

Landmark Designation

 

 

R

<R>

 

 

<D>

Sec. 3.16

Major or Transportation Special UseClosed Permit

 

 

R

 

 

 

<D>

Sec. 3.9

Vested RightsClosed Determination1

 

R

R, D

 

 

 

<D>*

Sec. 3.20

Major Site PlanClosed Review

R

R

R

 

[A]

 

D

Sec. 3.7

Major Preliminary PlatClosed

R

R

R

 

[A]

 

D

Sec. 3.6

Street Closing

 

 

R

 

 

 

<D>

Sec. 3.24

Annexation

 

 

R

 

 

 

<D>

Sec. 3.27

Statutory DevelopmentClosed Agreement

 

 

R

 

 

<R>*

<D>

Sec. 3.26

Street Renaming

 

 

R

 

 

 

<D>

Sec. 3.25

R = Review or Recommendation

D = Decision

A = AppealClosed

<> = Public Hearing Required

[ ] = Quasi-judicial (Evidentiary) Public Hearing Required

* = Except as noted in the relevant Ordinance section

1Final decision depends upon the type of vested rightsClosed determination per Sec. 20, Vested RightsClosed, and NCGS 160D-108

2.1.1. Defined

The governing bodies identified in the text of this Ordinance as having authority to enforce certain provisions of this Ordinance are:

A. Durham County Board of Commissioners

The Durham County Board of Commissioners (hereinafter referred to as the Board of Commissioners) for property located within Durham County but located outside of any City limits.

B. Durham City Council

The Durham City Council for property located within the City limits of the City of Durham.

2.1.2. Powers and Duties

The governing bodies shall be responsible for final action regarding the following:

A. Amendments to the adopted Comprehensive PlanClosed, including the annual Rectification Report;

B. Amendments to the text of this Ordinance;

C. Amendments to the text of the Historic Properties Local Review Criteria;

D. Amendments to the text of Local Historic District Preservation Plans;

E. Applications for zoning map changes;

F. Applications for major site plansClosed;

G. Applications for historic district/landmark designation;

H. Applications for major special use permits and TIA special use permits;

I. Applications for street closings;

J. Applications for street renaming;

K. Applications for annexations;

L. Applications for statutory developmentClosed agreements;

M. Vested rightsClosed determinations that require a public hearing pursuant to Sec. 3.20, Vested RightsClosed Determination;

N. The Durham Design Manual and the Landscape Manual for Durham, NC (the Landscape Manual), including any subsequent revisions; and

O. Any other authority for a final action delegated to the governing body by state statute.

2.2.1. Establishment

The Joint City-County Planning Committee (JCCPC) is established in accordance with the Interlocal Cooperation Agreement on City-County Planning.

2.2.2. Membership

Members of the JCCPC shall be appointed in accordance with the Interlocal Cooperation Agreement on City-County Planning.

2.2.3. Powers and Duties

A. The power and duties of the JCCPC shall be in accordance with the Interlocal Cooperation Agreement on City-County Planning.

B. The JCCPC shall also be responsible for review and recommendation regarding amendments to the text of this Ordinance and policies of the Durham Comprehensive PlanClosed that affect both the City and County jurisdictions.

C. The JCCPC shall be responsible for review of the Administrative Guidelines established by the Planning Director governing neighborhood meetings pursuant to paragraph 3.2.3, Neighborhood Meeting; the Landscape Manual pursuant to paragraph 9.2.1, Landscape Manual; and the Durham Design Manual.

2.3.1. Establishment

The Durham Planning Commission was created by the Board of Commissioners and the City Council on July 1, 1988 in accordance with the Interlocal Cooperation Agreement on City-County Planning.

2.3.2. Membership, Terms and Compensation

Planning Commission numbers, composition, terms, vacancies, removals, and compensation shall be in accordance with the Interlocal Cooperation Agreement on City-County Planning.

2.3.4. Rules of Procedure

The Planning Commission shall adopt rules of procedure for the conduct of its business, consistent with State law and this Ordinance.

2.3.5. Powers and Duties

The Planning Commission shall have the following powers and duties.

A. Review Authority

1. The Planning Commission shall be responsible for reviewing and making recommendations regarding the following:

a. Adoption of or amendments to the Comprehensive PlanClosed and related plans;

b. Amendments to the text of this Ordinance;

c. Applications for zoning map change;

d. Applications for historic district designation;

e. Applications for developmentClosed agreements pursuant to Sec. 3.26, Statutory DevelopmentClosed Agreements

f. Adoption of or amendment to redevelopment plans as set forth in NCGS §160A-513; and

g. The Planning Department Annual Work Plan.

2. All decisions and recommendations of the Planning Commission shall require an affirmative vote. Tie votes shall be considered decisions or recommendations for denial.

3. The Planning Commission shall perform related duties as directed by the governing bodies.

4. The Planning Commission may exercise additional powers as may be described elsewhere in this Ordinance and as permitted by the Interlocal Cooperation Agreement on City-County Planning.

B. Annual Report

The Planning Commission shall prepare an annual report and submit it to the Board of Commissioners and the City Council. The annual report shall include a comprehensive review of the Planning Commission’s activities, problems, and actions of the Planning Commission and any budget requests or other recommendations.

2.4.1. Establishment

The Board of Adjustment is established in accordance with the Interlocal Cooperation Agreement on City-County Planning, NCGS Chapter 160D, and in accordance with special legislation adopted for the City and County regarding the Board of Adjustment.

2.4.2. Membership, Terms and Compensation

The Board of Adjustment shall consist of seven members and three alternates. Its composition, terms, vacancies, removals, and compensation shall be in accordance with the Interlocal Agreement on City-County Planning.

2.4.4. Rules of Procedure

The Board of Adjustment shall adopt rules of procedure for the conduct of its business, consistent with State law, special legislation, the City-County Interlocal Agreement and this Ordinance.

2.4.5. Powers and Duties

The Board of Adjustment shall have the following powers and duties.

A. Authority

1. The Board of Adjustment shall be responsible for final action regarding the following:

a. Applications for variancesClosed;

b. Applications for minor special use permits;

c. AppealsClosed of administrative decisions but not including those decisions involving SedimentationClosed and ErosionClosed Control regulations, stormwaterClosed ordinances, or any other code or ordinance that does not grant the Planning Director authority; and

d. Applications for reasonable accommodation.

2. The Board of Adjustment shall perform related duties as directed by the governing bodies.

B. Annual Report

The Board of Adjustment shall prepare an annual report in accordance with the Board’s adopted Rules of Procedure and the City-County Interlocal Agreement.

2.4.6. Decisions

A. Voting requirements for written decisions, where required, and for other actions shall be as specified in the Board’s adopted Rules of Procedure.

B. Every quasi-judicial decision of the Board of Adjustment shall be reduced to writing and subject to review by the superior court by proceedings in the nature of a petition for a writ of certiorari pursuant to NCGS § 160D-1402. Any petition for review by the court shall be filed with the clerk of superior court within 30 days of the effective date of a Board of Adjustment decision, or after a written copy thereof is delivered to the party who has made a request for such decision in compliance with paragraph C. below, whichever is later. When first class mail is used to deliver notice of the decision, three days shall be added to the time to file the petition.

C. Any party desiring a copy of the decision of the Board of Adjustment shall file a written request with the Planning Department prior to the effective date of the decision. Such decisions shall be delivered by personalClosed delivery, electronic mail, or by first class mail.

D. A written decision shall be considered filed with the clerk of the Board of Adjustment, and thus effective, on the date that the final necessary signature on such decision is obtained and the decision is ready for distribution.

2.5.1. Establishment

The Durham Historic Preservation Commission (HPC) is established in accordance with the Interlocal Cooperation Agreement for the Historic Preservation Commission and NCGS Chapter 160D. The HPC is designated as the historic preservation advisory and quasi-judicial body for the County and City, and shall have the powers and duties described in this section.

2.5.2. Membership, Terms and Compensation

The Historic Preservation Commission shall consist of nine members. Its composition, terms, vacancies, removals, and compensation shall be in accordance with the Interlocal Cooperation Agreement. Additionally:

A. All members of the HPC shall have equal rights regardless of whether the matters at issue are located inside or outside of the Durham City limits.

B. Vacancies occurring for reasons other than the expiration of terms shall be filled by the appointing authority for the period of the unexpired term.

2.5.3. Rules of Procedure, Organization, Meetings, Quorum

A. The Historic Preservation Commission shall adopt rules of procedure for the conduct of its business, consistent with Interlocal Cooperation Agreement, State law, and this Ordinance.

B. The Historic Preservation Commission officersClosed, meetings, and quorum, shall be in accordance with the Commission’s adopted Rules of Procedure, the Interlocal Cooperation Agreement, and State law as applicable.

2.5.4. Powers and Duties

The HPC is authorized and empowered to undertake such actions reasonably necessary to discharge and conduct its duties and responsibilities.

A. General Authority

The HPC shall act to promote, enhance and preserve the character and heritage of the Durham community. The HPC has the following general authority:

1. To undertake inventories in Durham County of properties of historical, architectural or archaeological significance.

2. To sponsor or conduct educational programs regarding Historic Districts or Historic Landmarks.

3. To give advice to property ownersClosed concerning the treatment of the historical and visual characteristics of his or her property located within any Historic District or designated as an Historic Landmark, such as color schemes, gardens and landscape features, and minor decorative elements.

4. To cooperate with the State, Federal and local governments in historic preservation matters.

5. To enter, solely in the performance of its official duties and only at reasonable times and only with the consent of the property ownerClosed, upon private land for the examination or survey of the property. However, no member, employee or agent of the HPC may enter any private buildingClosed or structureClosed without the express consent of the occupants or ownerClosed.

6. Recommend to the Board of Commissioners and/or the City Council the following:

a. Areas to be designated by ordinance as Historic Districts;

b. The designation of any Historic District be revoked or removed;

c. Buildings, structures, sites areasCloseds or objects within their relative areas of zoning jurisdiction to be designated by ordinance as Historic Landmarks;

d. The designation of any buildingClosed, structureClosed, site areaCloseda, or object as an Historic Landmark be removed;

e. Other means of preservation and intervention at such times as vital historic resources appear, in the view of the HPC, to be threatened by neglect, use, demolition, or alteration; and

f. Changes to the City-County Interlocal Agreement which establishes the HPC, or any other related County and City ordinances, and to propose new ordinances relating to Historic Districts, Historic Landmarks or the total program for the developmentClosed and preservation of historic resources of Durham and its environs.

B. Demolition by Neglect

For purposes of Sec. 3.18, Demolition by Neglect (City Only), the Historic Preservation Commission is designated a planning board under NCGS §160D-301, authorized to operate as a Board of Adjustment (BOA) and make quasi-judicial decisions under NCGS §160D-302 for the administrative determinations described herein.

C. Review Authority

The HPC shall be responsible for reviewing and making recommendations regarding the following applications:

1. Local historic district/landmark designations;

2. Amendments to the text of the Historic Properties Local Review Criteria; and

3. Amendments to the text of Local Historic District Preservation Plans.

D. Final Authority

The HPC shall be responsible for final action regarding applications for certificates of appropriateness.

E. Annual Report

The HPC shall prepare an annual report and submit it to the Board of Commissioners and the City Council. The annual report shall include a comprehensive review of the HPC's activities, problems, and actions of the HPC and any budget requests or other recommendations.

2.5.5. Decisions

A. An affirmative vote of a majority of members present and voting shall be required for all actions except as noted below.

B. The voting requirements applicable to the Board of Adjustment in paragraph 2.4.6, Board of Adjustment Decisions, shall be used for HPC decisions when the HPC is functioning as a Board of Adjustment under Sec. 3.18, Demolition by Neglect (City Only).

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.

2.7.4. 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 developmentClosed of the study area;

3. Prepare plans for achieving these objectives;

4. DevelopClosed 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 subdivisionClosed 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. DevelopClosed, approve, and implement design guidelines;

10. DevelopClosed, 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 planClosed review;

2. Applications for major preliminary platClosed review;

3. Applications for minor and major certificates of appropriateness;

4. Applications for special use permits;

5. Amendments to adopted land use plansClosed;

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 developmentClosed agreement;

12. Applications for historic district/landmark designation; and

13. Applications for vested rightsClosed determinations requiring a public hearing pursuant to Sec. 3.20, Vested RightsClosed 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 SignClosed Permits;

3. Applications for subdivisionClosed review pursuant to Sec. 3.6, Subdivision Review;

4. Applications for site plansClosed pursuant to Sec. 3.7, Site Plan Review;

5. Applications for common and way-finding signage plansClosed;

6. Applications for home occupationClosed permits;

7. Administrative certificates of appropriateness;

8. Petitions for demolition by neglect investigations;

9. Applications for street withdrawal;

10. Applications for vested rightsClosed determinations not requiring a public hearing pursuant to Sec. 3.20, Vested RightsClosed;

11. Applications for architectural review;

12. Applications for temporary use permits

13. Applications for floodplain developmentClosed permits.; and

14. Applications for vested rightsClosed determinations not requiring a public hearing pursuant to Sec. 3.20, Vested RightsClosed Determination, and NCGS 160D-108.

2.8.2. Inspections Director

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