2 Review Authority
A variety of other commenting or advisory bodies approved by a governing body may participate in development
review under this Ordinance, including, but not limited to:
A. The Durham Open Space
and Trails Commission;
B. The Durham Environmental Affairs Board;
C. The Durham City/County Appearance Commission; and
D. The Durham Bicycle and Pedestrian Advisory Commission.
Other departments may be empowered by the governing bodies to develop
, maintain and implement technical standards, specifications, and guidelines.
The following table summarizes review authority under this Unified Development
Ordinance.
Application or Permit | Sedimentation | Inspections | Planning | Historic | Board of | Planning | Governing | Section |
|---|---|---|---|---|---|---|---|---|
Sedimentation | ||||||||
D |
|
|
|
|
| <A> | Sec. 3.8 | |
Planning Director Action | ||||||||
Interpretation of the Ordinance |
| R | D* |
| <A> |
|
| Sec. 3.1 |
Common and Way-Finding Signage Plans |
| R | D |
| <A> |
|
| Sec. 3.11 |
Home Occupation |
|
| 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 Rights |
|
| D* |
|
|
|
| Sec. 3.20 |
Architectural Review |
|
| D |
| [A] |
|
| Sec. 3.22 |
Administrative Site Plan | R | R | D |
| [A] |
|
| Sec. 3.7 |
Subdivision | R | R | D |
| [A] |
|
| Sec. 3.6 |
Temporary Use |
|
| D |
| [A] |
|
| Sec. 3.12 |
Sign |
|
| D |
| [A] |
|
| Sec. 3.10 |
Street Withdrawal |
|
| D |
| [A] |
|
| Sec. 3.24 |
|
| D |
|
|
|
| ||
Historic Preservation Commission Action | ||||||||
Certificate of Appropriateness |
|
| R | [D] |
|
|
| Sec. 3.24 |
Board of Adjustment Action | ||||||||
|
| R |
| [D] |
|
| Sec. 3.14 | |
Appeal |
|
| R |
| [D] |
|
| Sec. 3.15 |
Design or Minor Special Use |
|
| R |
| [D] |
|
| Sec. 3.9 |
Reasonable Accommodations |
|
| R |
| [D] |
|
| Sec. 3.23 |
Governing Body Action | ||||||||
Comprehensive Plan |
|
| 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 Use |
|
| R |
|
|
| <D> | Sec. 3.9 |
Vested Rights |
| R | R, D |
|
|
| <D>* | Sec. 3.20 |
Major Site Plan | R | R | R |
| [A] |
| D | Sec. 3.7 |
Major Preliminary Plat | R | R | R |
| [A] |
| D | Sec. 3.6 |
Street Closing |
|
| R |
|
|
| <D> | Sec. 3.24 |
Annexation |
|
| R |
|
|
| <D> | Sec. 3.27 |
Statutory Development |
|
| R |
|
| <R>* | <D> | Sec. 3.26 |
Street Renaming |
|
| R |
|
|
| <D> | Sec. 3.25 |
R = Review or Recommendation D = Decision A = Appeal <> = 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 rights | ||||||||
The governing bodies identified in the text of this Ordinance as having authority to enforce certain provisions of this Ordinance are:
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.
The Durham City Council for property located within the City limits of the City of Durham.
The governing bodies shall be responsible for final action regarding the following:
A. Amendments to the adopted Comprehensive Plan
, 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 plans
;
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 development
agreements;
M. Vested rights
determinations that require a public hearing pursuant to Sec. 3.20, Vested Rights
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.
The Joint City-County Planning Committee (JCCPC) is established in accordance with the Interlocal Cooperation Agreement on City-County Planning.
Members of the JCCPC shall be appointed in accordance with the Interlocal Cooperation Agreement on City-County Planning.
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 Plan
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.
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.
Planning Commission numbers, composition, terms, vacancies, removals, and compensation shall be in accordance with the Interlocal Cooperation Agreement on City-County Planning.
Planning Commission officers
, meetings, quorum, and rules of procedure shall be in accordance with the Interlocal Cooperation Agreement on City-County Planning and consistent with State statutes.
The Planning Commission shall adopt rules of procedure for the conduct of its business, consistent with State law and this Ordinance.
The Planning Commission shall have the following powers and duties.
1. The Planning Commission shall be responsible for reviewing and making recommendations regarding the following:
a. Adoption of or amendments to the Comprehensive Plan
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 development
agreements pursuant to Sec. 3.26, Statutory Development
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.
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.
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.
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.
Board of Adjustment officers
, meetings, and quorum shall be in accordance with the Board’s adopted Rules of Procedure and Interlocal Cooperation Agreement on City-County Planning.
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.
The Board of Adjustment shall have the following powers and duties.
1. The Board of Adjustment shall be responsible for final action regarding the following:
a. Applications for variances
;
b. Applications for minor special use permits;
c. Appeals
of administrative decisions but not including those decisions involving Sedimentation
and Erosion
Control regulations, stormwater
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.
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.
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 personal
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.
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.
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.
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 officers
, meetings, and quorum, shall be in accordance with the Commission’s adopted Rules of Procedure, the Interlocal Cooperation Agreement, and State law as applicable.
The HPC is authorized and empowered to undertake such actions reasonably necessary to discharge and conduct its duties and responsibilities.
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 owners
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 owner
, upon private land for the examination or survey of the property. However, no member, employee or agent of the HPC may enter any private building
or structure
without the express consent of the occupants or owner
.
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 areas
s or objects within their relative areas of zoning jurisdiction to be designated by ordinance as Historic Landmarks;
d. The designation of any building
, structure
, site area
a, 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 development
and preservation of historic resources of Durham and its environs.
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.
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.
The HPC shall be responsible for final action regarding applications for certificates of appropriateness.
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.
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).
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.
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.
The Planning Director may designate any staff member to represent the Director in any function assigned by this Unified Development
Ordinance. The Director shall remain responsible for any final action.
The Planning Director or designee shall have the following powers and duties.
A. The Planning Director or designee is designated to perform the following duties:
1. Make studies of the area within the planning jurisdiction and surrounding areas;
2. Determine objectives to be sought in the development
of the study area;
3. Prepare plans for achieving these objectives;
4. Develop
and recommend policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;
5. Advise the governing bodies concerning means for carrying out plans or amending plans;
6. Accept, receive and disburse funds, grants, and services made available by the Federal government or the State government used in the furtherance of departmental functions;
7. Administer zoning and subdivision
regulations and other related land use controls;
8. Exercise any functions in the administration and enforcement of various means for carrying out plans that the governing bodies may direct;
9. Develop
, approve, and implement design guidelines;
10. Develop
, approve, and implement administrative procedures and guidelines to execute the provisions of this Ordinance; and
11. Perform any other related duties that the governing body may direct.
B. The Planning Director or designee shall be responsible for reviewing and making recommendations regarding the following:
1. Applications for major site plan
review;
2. Applications for major preliminary plat
review;
3. Applications for minor and major certificates of appropriateness;
4. Applications for special use permits;
5. Amendments to adopted land use plans
;
6. Amendments to the text of this Ordinance;
7. Applications for zoning map change;
8. Applications for street closing;
9. Applications for street renamings;
10. Applications for annexations;
11. Applications for statutory development
agreement;
12. Applications for historic district/landmark designation; and
13. Applications for vested rights
determinations requiring a public hearing pursuant to Sec. 3.20, Vested Rights
Determination and NCGS 160D-108.
C. The Planning Director or designee shall be responsible for final action regarding the following:
1. Interpretation of this Ordinance;
2. Applications for Sign
Permits;
3. Applications for subdivision
review pursuant to Sec. 3.6, Subdivision Review;
4. Applications for site plans
pursuant to Sec. 3.7, Site Plan Review;
5. Applications for common and way-finding signage plans
;
6. Applications for home occupation
permits;
7. Administrative certificates of appropriateness;
8. Petitions for demolition by neglect investigations;
9. Applications for street withdrawal;
10. Applications for vested rights
determinations not requiring a public hearing pursuant to Sec. 3.20, Vested Rights
;
11. Applications for architectural review;
12. Applications for temporary use permits
13. Applications for floodplain development
permits.; and
14. Applications for vested rights
determinations not requiring a public hearing pursuant to Sec. 3.20, Vested Rights
Determination, and NCGS 160D-108.
The City-County Inspections Department is authorized by the North Carolina General Statutes to enforce certain State statutes, State regulations, such as the North Carolina State Building
Code, and local ordinances, including, but not limited to, ordinances related to zoning and development
.
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.
The Inspections Director may designate any staff member to represent the Director in any function assigned by this Unified Development
Ordinance. The Director shall remain responsible for any final action.
With regard to this Ordinance, the Inspections Director, or designee, shall enforce provisions of this Ordinance which pertain to new construction
and the issuance of building
permits and Certificates of Compliance, and shall be responsible for final action regarding local interpretation of matters related to the North Carolina Building
Code.
2 Review Authority
A variety of other commenting or advisory bodies approved by a governing body may participate in development
review under this Ordinance, including, but not limited to:
A. The Durham Open Space
and Trails Commission;
B. The Durham Environmental Affairs Board;
C. The Durham City/County Appearance Commission; and
D. The Durham Bicycle and Pedestrian Advisory Commission.
Other departments may be empowered by the governing bodies to develop
, maintain and implement technical standards, specifications, and guidelines.
The following table summarizes review authority under this Unified Development
Ordinance.
Application or Permit | Sedimentation | Inspections | Planning | Historic | Board of | Planning | Governing | Section |
|---|---|---|---|---|---|---|---|---|
Sedimentation | ||||||||
D |
|
|
|
|
| <A> | Sec. 3.8 | |
Planning Director Action | ||||||||
Interpretation of the Ordinance |
| R | D* |
| <A> |
|
| Sec. 3.1 |
Common and Way-Finding Signage Plans |
| R | D |
| <A> |
|
| Sec. 3.11 |
Home Occupation |
|
| 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 Rights |
|
| D* |
|
|
|
| Sec. 3.20 |
Architectural Review |
|
| D |
| [A] |
|
| Sec. 3.22 |
Administrative Site Plan | R | R | D |
| [A] |
|
| Sec. 3.7 |
Subdivision | R | R | D |
| [A] |
|
| Sec. 3.6 |
Temporary Use |
|
| D |
| [A] |
|
| Sec. 3.12 |
Sign |
|
| D |
| [A] |
|
| Sec. 3.10 |
Street Withdrawal |
|
| D |
| [A] |
|
| Sec. 3.24 |
|
| D |
|
|
|
| ||
Historic Preservation Commission Action | ||||||||
Certificate of Appropriateness |
|
| R | [D] |
|
|
| Sec. 3.24 |
Board of Adjustment Action | ||||||||
|
| R |
| [D] |
|
| Sec. 3.14 | |
Appeal |
|
| R |
| [D] |
|
| Sec. 3.15 |
Design or Minor Special Use |
|
| R |
| [D] |
|
| Sec. 3.9 |
Reasonable Accommodations |
|
| R |
| [D] |
|
| Sec. 3.23 |
Governing Body Action | ||||||||
Comprehensive Plan |
|
| 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 Use |
|
| R |
|
|
| <D> | Sec. 3.9 |
Vested Rights |
| R | R, D |
|
|
| <D>* | Sec. 3.20 |
Major Site Plan | R | R | R |
| [A] |
| D | Sec. 3.7 |
Major Preliminary Plat | R | R | R |
| [A] |
| D | Sec. 3.6 |
Street Closing |
|
| R |
|
|
| <D> | Sec. 3.24 |
Annexation |
|
| R |
|
|
| <D> | Sec. 3.27 |
Statutory Development |
|
| R |
|
| <R>* | <D> | Sec. 3.26 |
Street Renaming |
|
| R |
|
|
| <D> | Sec. 3.25 |
R = Review or Recommendation D = Decision A = Appeal <> = 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 rights | ||||||||
The governing bodies identified in the text of this Ordinance as having authority to enforce certain provisions of this Ordinance are:
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.
The Durham City Council for property located within the City limits of the City of Durham.
The governing bodies shall be responsible for final action regarding the following:
A. Amendments to the adopted Comprehensive Plan
, 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 plans
;
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 development
agreements;
M. Vested rights
determinations that require a public hearing pursuant to Sec. 3.20, Vested Rights
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.
The Joint City-County Planning Committee (JCCPC) is established in accordance with the Interlocal Cooperation Agreement on City-County Planning.
Members of the JCCPC shall be appointed in accordance with the Interlocal Cooperation Agreement on City-County Planning.
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 Plan
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.
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.
Planning Commission numbers, composition, terms, vacancies, removals, and compensation shall be in accordance with the Interlocal Cooperation Agreement on City-County Planning.
Planning Commission officers
, meetings, quorum, and rules of procedure shall be in accordance with the Interlocal Cooperation Agreement on City-County Planning and consistent with State statutes.
The Planning Commission shall adopt rules of procedure for the conduct of its business, consistent with State law and this Ordinance.
The Planning Commission shall have the following powers and duties.
1. The Planning Commission shall be responsible for reviewing and making recommendations regarding the following:
a. Adoption of or amendments to the Comprehensive Plan
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 development
agreements pursuant to Sec. 3.26, Statutory Development
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.
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.
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.
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.
Board of Adjustment officers
, meetings, and quorum shall be in accordance with the Board’s adopted Rules of Procedure and Interlocal Cooperation Agreement on City-County Planning.
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.
The Board of Adjustment shall have the following powers and duties.
1. The Board of Adjustment shall be responsible for final action regarding the following:
a. Applications for variances
;
b. Applications for minor special use permits;
c. Appeals
of administrative decisions but not including those decisions involving Sedimentation
and Erosion
Control regulations, stormwater
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.
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.
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 personal
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.
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.
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.
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 officers
, meetings, and quorum, shall be in accordance with the Commission’s adopted Rules of Procedure, the Interlocal Cooperation Agreement, and State law as applicable.
The HPC is authorized and empowered to undertake such actions reasonably necessary to discharge and conduct its duties and responsibilities.
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 owners
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 owner
, upon private land for the examination or survey of the property. However, no member, employee or agent of the HPC may enter any private building
or structure
without the express consent of the occupants or owner
.
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 areas
s or objects within their relative areas of zoning jurisdiction to be designated by ordinance as Historic Landmarks;
d. The designation of any building
, structure
, site area
a, 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 development
and preservation of historic resources of Durham and its environs.
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.
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.
The HPC shall be responsible for final action regarding applications for certificates of appropriateness.
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.
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).
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.
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.
The Planning Director may designate any staff member to represent the Director in any function assigned by this Unified Development
Ordinance. The Director shall remain responsible for any final action.
The Planning Director or designee shall have the following powers and duties.
A. The Planning Director or designee is designated to perform the following duties:
1. Make studies of the area within the planning jurisdiction and surrounding areas;
2. Determine objectives to be sought in the development
of the study area;
3. Prepare plans for achieving these objectives;
4. Develop
and recommend policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;
5. Advise the governing bodies concerning means for carrying out plans or amending plans;
6. Accept, receive and disburse funds, grants, and services made available by the Federal government or the State government used in the furtherance of departmental functions;
7. Administer zoning and subdivision
regulations and other related land use controls;
8. Exercise any functions in the administration and enforcement of various means for carrying out plans that the governing bodies may direct;
9. Develop
, approve, and implement design guidelines;
10. Develop
, approve, and implement administrative procedures and guidelines to execute the provisions of this Ordinance; and
11. Perform any other related duties that the governing body may direct.
B. The Planning Director or designee shall be responsible for reviewing and making recommendations regarding the following:
1. Applications for major site plan
review;
2. Applications for major preliminary plat
review;
3. Applications for minor and major certificates of appropriateness;
4. Applications for special use permits;
5. Amendments to adopted land use plans
;
6. Amendments to the text of this Ordinance;
7. Applications for zoning map change;
8. Applications for street closing;
9. Applications for street renamings;
10. Applications for annexations;
11. Applications for statutory development
agreement;
12. Applications for historic district/landmark designation; and
13. Applications for vested rights
determinations requiring a public hearing pursuant to Sec. 3.20, Vested Rights
Determination and NCGS 160D-108.
C. The Planning Director or designee shall be responsible for final action regarding the following:
1. Interpretation of this Ordinance;
2. Applications for Sign
Permits;
3. Applications for subdivision
review pursuant to Sec. 3.6, Subdivision Review;
4. Applications for site plans
pursuant to Sec. 3.7, Site Plan Review;
5. Applications for common and way-finding signage plans
;
6. Applications for home occupation
permits;
7. Administrative certificates of appropriateness;
8. Petitions for demolition by neglect investigations;
9. Applications for street withdrawal;
10. Applications for vested rights
determinations not requiring a public hearing pursuant to Sec. 3.20, Vested Rights
;
11. Applications for architectural review;
12. Applications for temporary use permits
13. Applications for floodplain development
permits.; and
14. Applications for vested rights
determinations not requiring a public hearing pursuant to Sec. 3.20, Vested Rights
Determination, and NCGS 160D-108.
The City-County Inspections Department is authorized by the North Carolina General Statutes to enforce certain State statutes, State regulations, such as the North Carolina State Building
Code, and local ordinances, including, but not limited to, ordinances related to zoning and development
.
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.
The Inspections Director may designate any staff member to represent the Director in any function assigned by this Unified Development
Ordinance. The Director shall remain responsible for any final action.
With regard to this Ordinance, the Inspections Director, or designee, shall enforce provisions of this Ordinance which pertain to new construction
and the issuance of building
permits and Certificates of Compliance, and shall be responsible for final action regarding local interpretation of matters related to the North Carolina Building
Code.