A. When uncertainty exists, the director of the appropriate department, or designee, as identified below, shall be authorized to make all interpretations concerning the provisions of this Ordinance. In making these interpretations, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing body;

3. Deemed neither to limit nor repeal any powers granted under State statutes; and

4. Require application of the more stringent provisions wherever the provisions of this ordinance appear to impose conflicting provisions that cannot otherwise be reconciled.

B. Interpretation Authority

The Planning Director, or Assistant Director in matters involving a conflict of interest, shall make all interpretations of this Ordinance, but shall not make interpretations regarding the following sections:

1. Sec. 3.8, Sedimentation and Erosion Control, Sec. 12.10, Sedimentation and Erosion Control, and Sec. 15.5, Sedimentation and Erosion Control Enforcement and Penalties, the County Engineer, or designee, shall be authorized to make all interpretations concerning the provisions of these sections.

2. Sec. 8.4, Floodplain and Flood Damage Protection Standards, the Inspections Director, acting as the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator., or designee, in consultation with the Planning Director, shall be authorized to make all interpretations related to this section.

3. Paragraph 12.3.1, Street Layout, the Public Works Director or City Transportation Director or designee, as applicable, shall be authorized to make all interpretations concerning the provisions of this section.

4. Sec. 12.8, Stormwater Management, the Public Works Director or County Engineer or designees, as appropriate, shall be authorized to make all interpretations concerning the provisions of this section.

5. All interpretations of matters relating to the North Carolina Building 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. Code shall be made by the Inspections Director or designee.

6. The Planning Director may defer interpretations of this Ordinance to appropriate City and/or County officials.

C. Other than official interpretations of this Ordinance issued by the authority indicated in paragraph 3.1.1B, Interpretation Authority, and permit and application approvals, the Planning Department does not issue interlocutory determinations or interpretations.

A request for interpretation shall be submitted in writing.

A. The Planning Director shall:

1. Review and evaluate the request in light of the text of this UDO, the Official Zoning Map, the Comprehensive Plan 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. and any other relevant information;

2. Consult with the Inspections Director or designee and coordinate with other staff, including the City or County Attorney, as necessary; and

3. Render an opinion.

B. The interpretation shall be provided to the applicant in writing.

The Planning Director or designee shall maintain an official record of all interpretations. The record of interpretations shall be available for public inspection during normal business hours.

Pursuant to NCGS § 160D-403(b), an applicant seeking an interpretation shall take the steps to provide constructive notice of the interpretation on the subject property as follows:

A. Sign

1. A sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. visible from each street frontage The boundary of a property adjacent to one side of a street. shall be posted on the property for at least 10 days.

2. The signs 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 contain the words “Official Interpretation” in letters at least 6 inches high and shall identify the means to contact a local government staff member for information about the interpretation.

B. Verification

Verification of the posting in compliance with these requirements shall be provided to the staff member responsible for the interpretation.

Final action on an official interpretation of this Ordinance by the Planning Director or designee may be appealed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. in accordance with Sec. 3.15, Appeal of Administrative Decision.

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 Plan 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. Subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets., including Conservation Subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets.

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

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

G. Temporary Use 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 Occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. Permit

I. Variance 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. Appeal 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 Rights The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. Determination

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

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

1. Comprehensive Plan 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 plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary plat 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 plan 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 subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. (after preparation of site analysis map);

5. Minor or major special use permit;

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

C. A mandatory pre-application conference with the City Transportation Director or designee shall be required for the following development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. 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.

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

The following requirements shall apply to all applications for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. 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 developed 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 development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. approvals may be filed and reviewed simultaneously, at the option of the applicant. Any application that also requires a variance 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 variance 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 violation 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.

A. Summary of Notice Required

1. Notice shall be required for applications for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. approval as shown in the table below.

Procedure	Published	Mailed	Posted
Comprehensive Plan 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 change 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 Plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development.		✔
Minor Special Use 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 Use 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		✔	✔
Variance 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.		✔	✔
Appeal 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 Plan 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 Rights 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 Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. Agreement	✔	✔	✔

2. Exceptions to the table above are as follows:

a. Mailed notice Either surface mail or e-mail, unless one is explicitly directed. for site plans 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 plans 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 Plans 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 Plan 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 Appeal 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 appeal 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:

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 owner 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 owner 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 multifamily 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 sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. in the right‐of‐way immediately adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the multifamily 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 sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. 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 notice 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 owners 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 signs 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 adjacent 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 (Sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign.), below.

(8) Mailed notice Either surface mail or e-mail, unless one is explicitly directed. shall be provided by first class mail to property owners 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 sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. 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 sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. 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 sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. is required for each street frontage The boundary of a property adjacent to one side of a street., unless such street frontage 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, freeways 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 expressways 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 parcels See “Lot of record.”, sufficient signs 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 persons 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 notice 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 notice 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 Plan 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 Use 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 changes 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 changes 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 Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. Ordinance 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 plans 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 development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. review as shown in the table below.

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.

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.

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 office 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.

Unless exempted below, a traffic impact analysis (TIA) shall be required for changes of use to determine if roadway improvements will be required, zoning map changes utilizing a development plan 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., site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., and preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review. that can be anticipated to generate at least 150 vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. trips at the peak hour (as determined by Institute of Transportation Engineers Standards). Trips generated by separate developments 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. meeting the criteria of paragraph 3.3.3, TIA Submission for Projects with Cumulative Impacts, shall be considered cumulatively.

The following projects shall not be required to submit a TIA:

A. Projects located within the Downtown Tier.

B. Developments 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 submitted a TIA in conjunction with a zoning map change or previously approved site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., special use permit, or other plan, where the TIA remains valid, consistent with the provisions of paragraph 3.3.6, Period of Validity.

C. Redevelopment of any site on which the increase in traffic at peak hour represents an increase of less than 150 trips from the previous development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., if the redevelopment is initiated within 12 months of the cessation of use of the previous development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. so long as no access road See “Street, Public” and “Street, Private.” that leads directly to the site is operating at a level of service A measure of capacity per unit of demand for a public service or facility. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. worse than the jurisdiction’s adopted level of service A measure of capacity per unit of demand for a public service or facility. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility..

A. Unified, Phased, or Otherwise Aggregated Developments

An applicant shall be required to submit a TIA, or obtain a transportation special use permit (TSUP) pursuant to Sec. 3.9, Special Use Permit, for a development plan 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., site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., special use permit, or other similar plan that does not otherwise meet the thresholds for submission of a TIA or for obtaining a TSUP if the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. approval is for a project that:

1. Shares features such as site access or other roadways, design elements, or other infrastructure with nearby unbuilt, but pending developments 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. evidenced by valid, approved site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review., or active site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. submittals; and,

2. When complete, will function in conjunction with such nearby developments 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 a single project, the impact on the infrastructure of which would exceed the thresholds for preparation of a TIA.

B. Determination

The City Transportation Director, or designee shall determine whether a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. application meets the criteria in paragraph A, above, and shall determine whether one TIA shall be required for all of the aggregated development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., or whether multiple TIAs may be employed for separate phases of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

The applicant shall schedule a pre-application meeting with the City Transportation Director or designee to discuss procedures, standards, and regulations required for TIA submittal and approval.

A. Content

The City Transportation Director or designee shall set forth specific guidelines for preparation of TIAs. A TIA shall, at a minimum, provide the following information:

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

2. An analysis of the existing street system serving the proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.; and

3. An assessment of the improvements needed to the existing street system in order to support the traffic anticipated to be generated by the proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

B. Preparer

A TIA shall be prepared by a registered professional engineer with experience in traffic engineering.

C. Sources of Data

Estimates of vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. trips shall be calculated based on trip generation rates from the most recent edition of the Trip Generation Manual published by the Institute of Transportation Engineers, unless an alternative source of information is approved by the City Transportation Director or the NCDOT.

A TIA shall be valid for a specific site for no more than eight years, so long as no significant modifications to the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. proposed for the site that substantially increase the traffic impact are made. A TIA submitted in connection with a project that is accessed by a road See “Street, Public” and “Street, Private.” that is operating at a level of service A measure of capacity per unit of demand for a public service or facility. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. lower than the jurisdiction’s adopted level of service A measure of capacity per unit of demand for a public service or facility. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. shall be valid for no more than five years, however.

Transportation mitigation measures may be required to address issues raised by a TIA, or as part of the approval of a Transportation Special Use 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 (TSUP.) Such measures may include, but not be limited to, onsite and offsite improvements related to reduction of traffic impact on the surrounding road See “Street, Public” and “Street, Private.” system, bicycle facilities, pedestrian movement, and the environment. These measures shall be conditions of development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. approval. Deletion or modification of these conditions shall require the same approval process that was required for the original project, unless the approved mitigation measure is deemed to conflict with NCDOT or City Transportation Department requirements, in which case they shall be modified to resolve the conflicts through submittal of a revised site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., as applicable.

Projects that require a TIA may also require a TSUP pursuant to Sec. 3.9, Special Use Permit.

A. The governing bodies shall consider adoption of or amendments to the Comprehensive Plan 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., as may be required from time to time.

B. Adoption of or amendments to the Comprehensive Plan 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. shall only apply to the jurisdiction in which the subject property is located unless the property is the subject of an annexation petition, or the amendment is pursuant to paragraph 3.4.10, Evaluation and Assessment Report.

C. Amendments to the Comprehensive Plan 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. can take the form of text and/or map amendments.

A. Place Type Map

No separate application shall be required to amend a Place Type map designation that is inconsistent with a zoning map change request. In accordance with State statute, if the zoning map change is approved, the Place Type map shall be considered amended to the applicable place type designation. A recommendation on the land use designation shall be provided by the Planning Director or designee.

B. Tier Boundary Map

When a zoning map change request requires an amendment to a Tier boundary, an application for amending the Tier shall be submitted concurrently with the zoning map change application. The public hearings for both applications may be heard at the same time; however, decisions shall be rendered with separate motions.

C. Urban Growth Boundary Map

No separate application shall be required to amend the Urban Growth Boundary location that is inconsistent with a zoning map change request. In accordance with State statute, if the annexation is approved, the Urban Growth Boundary map shall be considered amended to the applicable location. A recommendation on the new location of the Urban Growth Boundary shall be provided by the Planning Director or designee. Requested changes to the Urban Growth Boundary not associated with a Zoning Map Change request shall submit an application in accordance with paragraph 3.2.4, Application Requirementss.

D. Future Growth Area Map

No separate application shall be required to amend a Future Growth Area adopted in the Comprehensive Plan 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.. If the zoning map change is approved and the infrastructure for future growth as adopted in the Comprehensive Plan 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. have been met, then all or a portion of the Future Growth Area designation shall be modified as recommended by the Planning Director or designee. Requested changes to a Future Growth Area not associated with a Zoning Map Change request shall submit an application in accordance with paragraph 3.2.4, Application Requirements.

Applicants applying for a plan amendment shall schedule a pre-application conference with the Planning Director or designee in accordance with paragraph 3.2.2, Pre-Application Conference.

All applicants applying for a plan amendment shall hold a neighborhood meeting in accordance with paragraph 3.2.3, Neighborhood Meeting, except for the following:

A. Changes made pursuant to paragraph 3.4.10, Evaluation and Assessment Report; or

B. Amendments that are solely text amendments not specific to a particular site.

An application for a plan amendment shall be submitted in accordance with paragraph 3.2.4, Application Requirements.

A. Before making any recommendation on a plan amendment, the Planning Commission shall consider any recommendations from the Planning Director or designee, and shall conduct a public hearing.

B. Notice and public hearing requirements shall be in accordance with paragraph 3.2.5, Notice and Public Hearings.

C. It is expected that the applicant or a representative of the applicant will appear at the meetings to explain why the Comprehensive Plan 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. should be changed.

D. Following the public hearing, the Planning Commission shall make a recommendation on the application to the governing body.

E. The Planning Commission shall make its recommendation within three consecutive regular Commission cycles (approximately 90 days total) of its initial public hearing on the amendment.

The recommendations of the staff and Planning Commission to the governing body shall show that the following criteria were considered regarding a proposed change to the Place Type Map of the Durham Comprehensive Plan 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.:

A. Adequate public utilities 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., emergency services, transportation services, and public schools are available to accommodate the request, and,

B. Durham’s ability to achieve the goals of the Comprehensive Plan 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. will be increased,

C. And, either:

1. Significant changes have occurred since the adoption of the Comprehensive Plan 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. and necessitate the proposed amendment; Or,

2. Inconsistencies in land use or other plan policies exist in the adopted Comprehensive Plan 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. that affect Durham’s orderly growth and development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

D. In addition, Decisions on Place Type Map amendments shall include these additional considerations: For changes to a Place Type designation that changes the intensity of development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. envisioned for an area, whether the proposal has demonstrated benefits to affordable housing production, environmental goals, and approaches to equitable engagement and outcomes.

Where a plan amendment involves modification of the Tiers established in the Comprehensive Plan 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., the following criteria shall be considered.

A. The site is contiguous to the proposed Tier;

B. The site is not in the drainage basin for Lake Michie or Little River or in the one-mile critical area around Jordan or Falls Reservoirs;

C. The extension does not violate 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. any agreements with neighboring jurisdictions; and

D. If the proposal is to expand the Suburban Tier, extending utilities to serve the site is determined to be technically feasible by the Public Works Director or designee and will not result in inordinate cost to the City.

A. Where a plan amendment involves modification of the Urban growth Boundary established in the Comprehensive Plan 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., all the following criteria shall be considered:

1. The change does not expand the UGB further into a Critical Watershed All of the land area draining to a particular point on a water course or to a water body.;

2. The change does not significantly increase long-term infrastructure maintenance costs for the City or County; and

3. The change would address a clear need for the community based on the adopted Comprehensive Plan 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. policies.

B. Notwithstanding the above criteria, the Governing Body shall consider whether those parcels See “Lot of record.” were previously included in the 2005 Comprehensive Plan 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.’s Suburban Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. Tier.

A. Before taking action on a plan amendment, the governing body shall consider the recommendations of the Planning Commission and Planning Director, and shall conduct a public hearing.

B. Notice and public hearing requirements shall be in accordance with paragraph 3.2.5, Notice and Public Hearings.

C. It is expected that the applicant or a representative of the applicant will appear at the meetings to explain why the plan should be changed.

D. Following the public hearing, the governing body may approve the amendment, deny the amendment, or send the amendment back to the Planning Commission for additional consideration.

E. An approval shall be by written resolution. The approval may be contingent upon conditions specified by the governing body. The effective date may be immediate or may be a date otherwise specified in the approval.

A. Every two years, the Planning staff will prepare an evaluation and assessment report for review and approval by the governing bodies. The report will include a rectification of any differences between the adopted Place Type Map of the City and County.

B. The governing bodies shall hold public hearings for the approval of the report. Notification of the public hearings shall be pursuant to paragraph 3.2.5, Notice and Public Hearings.

A. Submittal

Applications submitted by a private individual or entity shall first be considered for appropriateness and priority by the Joint City-County Planning Committee (JCCPC) on an annual basis.

1. Staff shall provide the JCCPC with a preliminary analysis for each application;

2. Staff shall set annual deadlines for application submittals.

3. Fees shall be paid upon application submittal. Notification fees can be refunded upon request of the applicant if the applicant withdraws the application within two weeks from the date the JCCPC has provided final comment on the application.

B. Review Criteria

The following criteria, as applicable, shall be addressed by the applicant:

1. The proposed amendment corrects an error or meets the challenge of some changing condition, trend or fact;

2. The proposed amendment is in response to changes in state law;

3. The proposed amendment constitutes a substantial benefit to Durham as a whole and is not solely for the good or benefit of a particular landowner or owners Any person having charge of any real property according to the records held by the Register of Deeds. at a particular point in time;

4. The proposed amendment is consistent with other identified Plan policies and adopted area plans; and

5. The impact of the proposed amendment with regard to:

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

b. Existing or future land use patterns;

c. Existing or planned public services and facilities;

d. Existing or planned roadways;

e. The natural environment, including air, water, noise, stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. management, wildlife and vegetation; and

f. Other policies of the Comprehensive Plan 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..

A. Purpose

The purpose of a zoning map is to amend the zoning district boundaries of the Official Zoning Map.

B. Initiation

A zoning map change may be initiated by the governing body, the Planning Commission, the Board of Adjustment, the Planning Director or designee, a citizen or the property owner Any person having charge of any real property according to the records held by the Register of Deeds. or their agent, except as follows:

1. A petition for a zoning map change with a development plan 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. may only be initiated by the property owner Any person having charge of any real property according to the records held by the Register of Deeds. or their agent.

2. A petition for a zoning map change that is considered a “down-zoning,” as defined per NCGS §160D-601(d), as applicable, shall only be initiated by the applicable governing body, unless written consent is provided by all owners Any person having charge of any real property according to the records held by the Register of Deeds. of property subject to the zoning request.

C. Development Plans

The development plan 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. shall become a part of the zoning map change petition and shall be reviewed concurrently with the zoning map change petition. Subsequent site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. shall not deviate from the plan, unless otherwise allowed, or required under this Ordinance. Deviation may require a zoning map change, as established in paragraph 3.5.12, Deviations from Approved Development Plans. Unless a development plan 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. also functions as a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., it is not a site specific vesting plan pursuant to Sec. 3.20, Vested Rights. The right to develop Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. pursuant to a development plan 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., whether approved under this Ordinance or any previous ordinance, accrues only for any portion of the plan for which a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. is approved, and then only for the period of validity specified in this Ordinance, or where a vested right The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. is established pursuant to Sec. 3.20, Vested Rights.

D. Optional and Mandatory Development Plans

The development plan 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. may be used by the petitioner in any zoning district; however, the development plan 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. shall be required as follows:

1. Rezoning to the PDR, CC, MU, and IP districts;

2. Additions to the UC District after the initial zoning map change 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). establishing the District on each campus; and

3. As otherwise required in this Ordinance.

E. Traffic Impact Analysis

A traffic impact analysis may be required if the proposed zoning map change meets the threshold requirements established in Sec. 3.3, Traffic Impact Analysis.

Pursuant to paragraph 3.2.2, Pre-Application Conference, a pre-application conference is required prior to the submittal of a zoning map change application.

An applicant petitioning for a zoning map change, including an initial zoning due to annexation, shall hold neighborhood meeting(s) as set forth in paragraph 3.2.3, Neighborhood Meeting.

A. Consistency with the Comprehensive Plan 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. shall be considered with all petitions for a zoning map change.

B. If a zoning map change request is approved, but determined inconsistent with the Place Type Map of the Comprehensive Plan 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., the Place Type Map shall be considered amended to the applicable land use designation. A recommendation on the land use designation shall be provided by the Planning Director or designee.

C. When a zoning map change request requires an amendment to a Tier boundary, an application for amending the Tier boundary shall be submitted concurrently with the zoning map change application. The public hearings for both applications may be heard at the same time; however, decisions shall be rendered with separate motions.

A. An application for zoning map change shall be submitted in accordance with paragraph 3.2.4, Application Requirements.

B. Zoning map changes should correspond with the boundary lines of existing platted A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. lots or tracts Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit.. If the boundaries of a zoning map change request stop short of an exterior property line, that portion of the property outside the proposed zoning map change boundary shall be capable of being subdivided and developed 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. in accordance with the existing zoning and other requirements of this Ordinance.

C. All zoning requirements shall be met within the boundaries of the area being proposed for change, unless the area being changed is utilizing a development plan 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. and is an addition to an existing area zoned with a development plan 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.. If all of the requirements cannot be met on the site being changed, the zoning map change shall be expanded to include necessary property being used to meet zoning requirements. Projects utilizing a development plan 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. may be expanded without meeting this criterion if, considering the original development plan 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. area, the requirement can be met without violating 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. any committed elements Elements, Commitments.. Projects utilizing this provision shall provide graphics and/or a chart demonstrating how the requirements are met.

D. (County Only) If the boundaries of a zoning map change request in process are modified so as to 1) remove property from the request, and 2) have the effect of separating other adjoining properties from the boundaries of the modified request, that change shall be considered a substantial change 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. from the original request and shall result in the modified request being considered a new zoning map change request and requiring resubmittal with a new application and applicable fees.

A. Purpose

A development plan 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. provides additional information with a zoning map change petition and establishes the level of development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that will be allowed on the property. A development plan 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. is also intended to identify proffered commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." that are greater than Ordinance requirements.

B. Designation/Effect

When a proposed zoning map change includes a development plan 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., the letter “D” shall follow the proposed zoning district designation. If approved, the letter “D” shall remain as a part of the zoning designation of the property. The proffered elements submitted as part of the development plan 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., called "commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements."" must be enforced by staff. Approved commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." are binding on the property and establish the level of permitted development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. "Commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements."" may also be referred to as "committed elements Elements, Commitments." throughout this Ordinance.

Commentary: The Planning Department will require a mechanism to ensure compliance with commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.". Depending upon the nature of the commitment, a written compliance document may be required.

C. Authority of Planning Director

The Planning Director is authorized to:

1. Delegate authority under this section to a designee;

2. Determine whether modification of an unapproved development plan 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. or deviation from an approved development plan 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. is significant/substantial or minor, or more or less stringent, if not specified in this section;

3. Determine whether a conflict exists between commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.". Any conflict between commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.", including design commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.", shall be resolved in favor of the most stringent;

4. Determine whether an element is a commitment if it is not specified as such in this section; and

5. Determine whether additional staff review time is necessary following addition of commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." at hearings through proffers or illustrative graphic depictions.

6. When an element not listed needs to be determined to be allowed on a textual development plan 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., or requires a graphic development plan 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., the Planning Director shall have the authority to determine whether the commitment is allowed.

D. Requirements

A development plan 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. shall comply with all applicable laws and guidelines. Requirements under this section shall consist of the following, which may be supplemented by guidelines of the Planning Department.

1. Contiguous Development

Parcels See “Lot of record.” within a development plan 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. (graphic or textual) must be contiguous. Parcels See “Lot of record.” directly across from each other, and separated by intervening existing or proposed right-of-way 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., are considered contiguous for the purposes of this section. Non-contiguous parcels See “Lot of record.” that don’t meet this criteria must be submitted as separate applications.

E. Types of Development Plans

This section permits two types of development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans in association with a zoning map change request, a textual development plan 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. and a graphic development plan 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.. A graphic or textual development plan 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. describes or depicts aspects of development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that exceed regulatory requirements. Districts that require a development plan 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., including the PDR district, may have the requirement met through either a textual or graphic development plan 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. if all requirements of the district can be met.

1. Textual Development Plan

A textual development plan 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. is one where only text is used to describe the commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.". Descriptive information shall be denoted within a textual description. These commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." will become the zoning standards in which development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within the district must comply with.

a. Required Elements of a Textual Development Plan

(1) A textual development plan 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. shall, at a minimum, proffer a commitment that specifies, limits, and/or prohibits uses within the zoning district requested pursuant to Sec. 5.1, Use Table.

(2) If the Planning Director determines a committed element cannot be clearly described through a textual development plan 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., the applicant must submit a graphic development plan 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..

2. Graphic Development Plan

A graphic development plan 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. describes and depicts commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." in graphic form. Commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." in an approved development plan 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. are standards that apply to any subsequent land use applications for the property. At a minimum, a proposed graphic development plan 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. shall include the following information:

a. Required Elements of a Graphic Development Plan

(1) References to adopted plans, including transportation plans, open space 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. plans, parks and trails plans, that apply to the site;

(2) Existing and proposed Zoning districts and overlays on the site;

(3) Existing and proposed Intensity/density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. for each zoning district or overlay (square feet if non-residential, units if residential);

(4) A chart or table including the minimum ordinance requirements and proposed amounts of the following:

(a) Building 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. setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure.;

(b) Project boundary buffers;

(c) Maximum impervious area for the site and for each separately zoned portion of the site, indicated numerically for the overall site and each portion;

(d) Tree preservation and/or replacement; and

(e) Open space 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..

(5) Graphic development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans shall also include the following information depicted in graphic form:

(a) General location of external access points and connections to existing roads See “Street, Public” and “Street, Private.”;

(b) Dedications The transfer without payment of ownership or other interest in real property from a private entity to a public agency. or reservations The withholding by a private entity of specific real estate from development pending acquisition by a public agency. made for consistency with adopted plans, including transportation plans, or as otherwise required by this Ordinance or other law;

(c) Railroad corridors as required under Sec. 12.6, Railroad Corridors;

(d) Any proposed private streets pursuant to paragraph 12.2.2A.1, Private Streets and Roads.

(e) Areas committed for preservation, including but not limited to steep slopes; stream buffers A natural or vegetated area adjacent to a stream through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants.; wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. buffers; Inventory See "Durham Inventory" sites; sites on maps or lists maintained by the State Historic Preservation Office 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. (SHPO), including but not limited to maps for sites listed in the National Register of Historic Places, the Study List for potential designation, determination of eligibility sites, and surveyed sites; sites identified in the Durham Architectural and Historic Inventory See "Durham Inventory" and applicable local historic preservation plans; and sites identified in the Durham County Archaeological Inventory See "Durham Inventory" and other identified archaeological sites, including cemeteries A place used or to be used and dedicated or designated for interment of human remains or pet animal remains. and burial grounds;

(f) Tree preservation areas and tree replacement areas.

F. Commitments Allowable Under Development Plans

1. Types of Commitments

Commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." can consist of, but are not limited to, the following within either a graphic or textual development plan 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.:

a. Description of number, type, or range of uses and/or housing types;

b. General location of on- or off-site road See “Street, Public” and “Street, Private.” improvements, including pedestrian and bicycle improvements;

c. Depiction or description of the location and area of open space 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., recreation areas, trails and greenways, tree preservation areas, or buffers other than project boundary or stream buffers A natural or vegetated area adjacent to a stream through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants.;

d. additional buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width or opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer.;

e. Specific landscaping features or vegetation types and opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer.;

f. Building 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. specifications such as number, location, maximum floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements., or maximum height;

g. Stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control measures;

h. Sustainability measures, including solar and electric vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.";

i. Depiction or description of areas where mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. will not occur (only if being described by acreage or volume);

j. Other building 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 site design elements, such as distinctive architectural features or specific materials; and

k. Affordable housing commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.";

l. Public art A work of art in any medium that has been planned and executed with the specific intention of being sited or staged in the physical public domain, usually outdoors and publicly accessible. commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.";

m. Financial proffers;

n. Transit improvements;

o. Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures.

G. Traffic Improvement(s)

A graphic or textual development plan 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. shall include improvements or measures required to address any deficiencies identified by a Traffic Impact Analysis. If required, such measures shall be in text or graphic form, as appropriate. Such improvements shall be development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. requirements, unless otherwise modified as allowed per 3.5.12.

H. Procedure(s)

An application that does not include a development plan 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. can changed to include a development plan 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. at any time during the application review process. This allowance shall not supersede any authority granted to the Planning Director or designee, or Governing Bodies. In addition, the following procedures apply to textual and graphic development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans:

1. Text commitment(s) will be incorporated into the ordinance adopting the  zoning designation.

2. A graphic or textual development plan 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. shall include a signed 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. acknowledgement from each property owner Any person having charge of any real property according to the records held by the Register of Deeds.. A signature from an owner Any person having charge of any real property according to the records held by the Register of Deeds.’s representative cannot serve as a substitute for the owner Any person having charge of any real property according to the records held by the Register of Deeds.'s signature unless a document establishing legal authority to act as the owner Any person having charge of any real property according to the records held by the Register of Deeds.’s representative is provided.

3. Modifications to a development plan 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. that are proffered at a public hearing before the governing body shall be incorporated into the approved commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." upon approval of the zoning by the governing body. Verbal commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." approved at a governing body public hearing are considered binding commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." and must be added to the graphic or text-only development plan 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..  The property owners Any person having charge of any real property according to the records held by the Register of Deeds. must sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. the development plan 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. with the complete set of commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." prior to an approved development plan 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. being stamped by Planning staff. (Proffers that prove to be illegal or less stringent than existing commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." shall be referred to the Planning Commission or governing body for an additional hearing.

4. Modifications that are made to a development plan 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. after the Planning Commission recommendation, but before the governing body hearing, shall be referred to the Planning Commission for an additional hearing as required under paragraph 3.5.9B, Changed Application, (when determined by the Planning Director).

5. A graphic development plan 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. shall be signed 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 sealed by a Professional Engineer, Registered Architect, or Registered Landscape Architect. All graphic depictions shall be accurately scaled, and separate or additional sheets may be required by the Planning Department.

I. Statutory Development Agreements

A statutory development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. agreement, pursuant to Sec. 3.26, Statutory Development Agreements, proposed in association with the zoning map change application shall be a commitment of the development plan 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..

J. Phasing Plans

1. A phasing plan may be provided with any graphic development plan 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. but shall be required in the Mixed-Use 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. District. The phasing plan shall ensure that residential and non-residential components are constructed to satisfy the intent and requirements of the Ordinance.

2. The phasing plan shall be in graphic form as appropriate and included in the graphic development plan 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.. It shall identify the sequence and timing of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. phases and include utility improvements, land use categories, and areas in square feet or acres. Phasing plan elements shall become committed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. requirements.

K. Uses and Minor/Major Special Use Permits

No minor or major special use permit is required for uses that otherwise need such a permit pursuant to paragraph 5.1.2, Use Table; Sec 5.3, Limited Use Standards; or for standards specified elsewhere within the Ordinance, if:

1. The use or standard is specified on the approved development plan 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.; and

2. The location, access, building 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. height, and size, as applicable, for the proposed use or standard is specified on the development plan 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.

A. Deferral Requests Approved by the Planning Director

1. Deferrals shall be granted by the Planning Director, or designee, under the following criteria:

a. The applicant or an opponent may each seek not more than one deferral for each zoning map change requested. No more than two deferrals (one each from the applicant and an opponent) shall be allowed per proposed zoning map change;

b. Each deferral request shall be for a maximum of one month. Any deferral request shall be made in writing, citing reasons for requesting the deferral; and

c. If the request for deferral is received by the Planning Director or designee and the reasons for the request are made in writing prior to notification being performed for the first Planning Commission or governing body meeting where the item would otherwise be considered.

2. Any other deferrals which do not meet the above criteria shall be treated as a continuance.

3. If the Planning Commission or governing body, as applicable, grants a deferral then new notification and associated fees shall be required.

4. The above procedures are not applicable to proposed zoning map changes that have been designated as “expedited” by a governing body.

B. Withdrawal Request by Applicant

1. The applicant petitioning for a zoning map change may withdraw the application provided that a written request stating the reason for the withdrawal is received by the Planning Director, or designee, at least ten days prior to the public hearing.

2. The request shall be accompanied by mailing labels imprinted with the names and addresses of the previously notified property owners Any person having charge of any real property according to the records held by the Register of Deeds. and a fee sufficient to cover the postage for renotification of surrounding property owners Any person having charge of any real property according to the records held by the Register of Deeds. if the withdrawal occurs after the Planning Commission hearing.

3. The applicant petitioning for a zoning map change with a development plan 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. may withdraw the application at any time prior to the opening of the public hearing before the governing body by withdrawing consent to the development plan 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. being imposed on the applicant’s property.

4. The governing body may vote to allow the applicant to withdraw an application for a zoning map change at any time.

C. Administrative Voiding of an Application

The Planning Director or designee may consider applications withdrawn and voided due to the failure of the applicant to submit required information within 90 days of a request for such information.

D. Resubmittal of Withdrawn Applications

Except in the case of an application where the applicant withdrew consent to a development plan 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., no application that was previously withdrawn or voided may be resubmitted until at least six months have elapsed since the date of withdrawal. In the case of applications withdrawn or voided as a result of the withdrawal of consent to a development plan 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. after publication of a notice of a public hearing, no new application may be resubmitted until at least 12 months have elapsed since the date of withdrawal. The Planning Director or designee may waive this waiting period if the application has been substantially modified or if there has been a significant change in facts or circumstances since the application was withdrawn.

A. The Planning Director or designee shall prepare a staff report that reviews the zoning map change request in light of any applicable plans and the general requirements of this Ordinance.

The staff report shall consider the entire range of permitted uses in the requested classification regardless of any representations made that the use will be limited, unless a development plan 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. is submitted that restricts the permitted range of uses to specific uses. The staff report shall include an evaluation of the consistency of the requested classification with adopted plans and the impact of the requested classification on public infrastructure, as well as any specific requirements of the requested classification.

B. The Planning Director or designee shall forward completed zoning map change requests and any related materials to the Planning Commission for a hearing and recommendation at the first regularly scheduled meeting following completion of the technical reviews by staff.

C. The Planning Director or designee shall forward completed zoning map change requests and any related materials, including the Planning Commission recommendation, to the governing body for a public hearing and decision prior to the first regularly scheduled meeting after the Planning Commission hearing.

A. General Procedures

1. Before making any recommendation on a petition for zoning map change, the Planning Commission shall consider any recommendations from the Planning Director and shall conduct a public hearing where interested parties may be heard.

2. Notice and public hearing requirements shall be in accordance with paragraph 3.2.5, Notice and Public Hearings.

3. Except in the case of expedited hearings pursuant to paragraph 3.5.9C, Expedited Hearings, the Commission shall make its recommendation within three consecutive regular Commission cycles (approximately 90 days total) of its initial public hearing. The time period for a recommendation may be altered, as in the case of significant modifications, in which case three additional consecutive regular cycles shall be granted before the case shall go to the governing body.

4. When a recommendation is not made within the time periods established in this section, the governing body may process the request without a Commission recommendation.

5. A zoning map change proposed as a County case shall not require rehearing by the Planning Commission if the property subject to the proposed change is annexed into the City before the Board of Commissioners has acted on the case and the annexation is within 12 months of the original Planning Commission recommendation on the zoning map change, unless the applicant has made a significant modification to the application.

B. Changed Application

If the applicant makes a significant modification to an application for a zoning map change after the Commission has made its recommendation, the Planning Director shall refer the modified request back to the Commission for an additional public hearing. In such case, the Commission shall make a recommendation to the governing body within 90 days of the public hearing on the modified application. If a recommendation is not made within this time frame, the governing body may hear the application without a recommendation from the Planning Commission.

C. Expedited Hearing

1. If the governing body has set an expedited hearing concerning a request, in accordance with paragraph 3.5.11B, Expedited Hearing, a public hearing before the Planning Commission shall be held at the first available hearing date or prior to the hearing before the governing body.

2. The Commission shall make a recommendation at this hearing based on the Review Criteria in paragraph 3.5.10, Written Recommendation, Review Criteria, below. The Planning Commission shall not continue a request for which an expedited hearing has been set, nor shall any deferrals be granted for such a request.

The Planning Commission shall provide a written recommendation regarding whether each proposed map change is consistent with the comprehensive plan and other applicable adopted plans. The recommendation shall be based on the reasons articulated by Commission members voting in the majority, and the recommendation shall be developed 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 determined in the Commission’s Rules of Procedure. In addition to plan consistency, Commissioners may also consider other matters deemed appropriate by the Commission, which may include but are not limited to:

A. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood;

B. Suitability of the subject property for uses permitted by the current versus the proposed district;

C. Whether the proposed change tends to improve the balance of uses, or meets a specific demand in the City and County; and

D. The availability of adequate school, road See “Street, Public” and “Street, Private.”, parks, wastewater treatment, water supply and stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. drainage facilities for the proposed use.

A. General Procedures

1. Before taking action on a zoning map change request, the governing body shall consider any recommendations of the Planning Commission, Planning Director or designee, and of staff agencies 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., and shall conduct a public hearing where interested parties may be heard.

2. Notice and public hearing requirements shall be in accordance with paragraph 3.2.5, Notice and Public Hearings.

3. Continuances may be granted before action on the request.

4. Following the public hearing, the governing body may approve the request, deny the request, or send the request back to the Planning Commission for additional consideration.

5. In adopting or rejecting a zoning map change, the governing body shall adopt a statement describing whether its action is consistent with the Comprehensive Plan 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., and why the action is reasonable and in the public interest. The governing body may adopt the statement furnished by staff or agencies 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., including but not limited to the Planning Director or the Planning Commission, or it may formulate its own statement.

6. The map change request approved by the governing body may include changes from the request presented. Changes to a development plan 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. may be made upon the proffer by the applicant of such changes.

7. Approval of a petition gives the applicant the ability to proceed with any additional required approvals.

B. Expedited Hearing

1. The governing body, in situations in which it determines certain standards have been met, may expedite the hearing process on a proposed zoning map change.

2. The governing body may consider a written request from a potential applicant, or from staff, requesting an expedited hearing process. The request shall identify and support the reasons for such expedited consideration.

3. In order to grant the request, the governing body shall find that at least one of the criteria below have been met:

a. Deadlines set by the local, State, or Federal government for receipt of applications for needed funding, designation, or other regulations concerning the property make expedited consideration necessary;

b. The prospective zoning map change request results from an emergency beyond the control of the applicant, such as response to a disaster;

c. The prospective zoning map change request addresses an urgent matter of public health or safety; or

d. There are special circumstances that will have a substantial negative impact on the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. which could not have reasonably been anticipated and which make expedited consideration necessary.

4. In no event may the governing body hearing occur less than 30 days after the item was granted expedited status.

The following deviations from an approved development plan 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. require a zoning map change or an amendment to the development plan 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., as indicated below.

A. Deviations that Require a Zoning Map Change

1. A decrease by more than 20% in total density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. of the residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., except in a Design District zoning district;

2. A decrease by more than five percent in total density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. in residential projects located within a Design District zoning district, unless that decrease results from the application of UDO requirements relating to size or design.

3. In a nonresidential or mixed-use development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. on a site adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District., a cumulative expansion by more than five percent of total building 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. floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. or 4,000 square feet, whichever is greater, or a cumulative decrease of more than 20% of total building 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. floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements..

4. Changes to the proposed phasing of the project where phasing plans are required or commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.".

5. Changes to the use category (for example, residential to office 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., office 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. to commercial, commercial to industrial, as described in Article 5, Use Regulations), if limitations on the number, range, or types of uses were proposed with the development plan 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. and the governing body limited its consideration of uses to those uses;

6. A change to the number, location, and/or type (i.e. full versus limited movements) of access points along the same right-of-way 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. or cardinal direction One of the four principal compass points: north, south, east, or west. of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that does not provide equal or improved safety, circulation, and connectivity.

7. A change in the location of a building 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. for sites adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a property with a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use .

8. An increase of more than three percent in impervious surface 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. area.

9. A change to an environmental protection, including tree coverage, that exceeds current ordinance requirements.

10. Any graphic or text commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." or committed elements Elements, Commitments. not identified as qualifying as an amendment, below.

11. Any other change to a development plan 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. depiction, unless such depiction is clearly identified as "conceptual" or "illustrative", and not identified as qualifying as an amendment below.

B. Deviations that Require Amendments to Development Plans

The purpose of this paragraph is to allow for a limited range of changes (referred to as “amendments”) to an existing development plan 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. that would not require a new zoning map change. If the proposed amendment would require a new or revised TIA, then it shall require a new zoning map change.

1. The process for amendments shall follow the same adoption process for a zoning map change, but does not change the zoning designation.

2. A petition to change a development plan 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. must include the previously approved development plan 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. documents in their entirety with elements proposed for change clearly delineated (graphically and in text format). Previously approved documentation will be supplemented or replaced in its entirety with the modified development plan 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..

3. The following qualify as amendments. Proposals utilizing more than two of the categories listed below shall require a zoning map change.

a. Changes to architectural or other building 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. design or layout commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.", guidelines, or depictions, including specific limits on height.

b. A change to the requirement on the plan using definitive terms such as, but not limited to, “shall”, “must”, or “will”.

c. Additional, or the removal of, depicted internal access points or connectivity between sections of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

d. An increase in allowed density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. through the use of a density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonus other than an affordable housing bonus.

e. A change in housing type(s) or proportion of housing type mix.

f. A change to identified building 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 parking envelopes.

C. Changes to Portions of Development Plans

If a zoning map change request seeks to rezone a portion of a site under an existing development plan 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., it shall be demonstrated that the remaining site under the existing development plan 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. can meet all ordinance requirements including committed elements Elements, Commitments. of the development plan 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.. Otherwise, the entire site under the existing development plan 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. shall require a zoning map change.

D. Changes Following Transfers to Residential Owners

Where a change is proposed to a development plan 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. and a portion of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. has been transferred to residential owner Any person having charge of any real property according to the records held by the Register of Deeds.(s), owner Any person having charge of any real property according to the records held by the Register of Deeds. acknowledgment from those owner Any person having charge of any real property according to the records held by the Register of Deeds.(s) is not required if the proposed zoning map change or amendment requires no development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. improvements on those properties.

E. Changes Required by Ordinance or Other Law

Notwithstanding the other requirements of this section and except as stated below, a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. shall deviate from an approved development plan 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. to conform to the requirements of a new ordinance or other law adopted after development plan 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. approval, and a zoning map change shall not be required. Exceptions are:

1. Where the development plan 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. is vested pursuant to the vested rights The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. procedure; and

2. As authorized under paragraph 1.10.3A, Approved Site Plans, Plats, and Permits and Completed Applications.

3. Under such exceptions, the site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. shall conform to the approved development plan 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..

F. Changes Allowed by an Affordable Housing Bonus

Amendments to an existing development plan 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., or a new zoning map change approval, are not required in order to utilize and comply with the requirements of the affordable housing bonuses within this Ordinance, as applicable.

G. Development Plans that Required a TIA

1. Except for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. projects that will utilize the affordable housing bonus of this Ordinance, a new zoning map change is required for any proposal that exceeds the peak hour trip generation of the TIA that was performed with the original zoning map change by more than three percent. If a TIA was not required for the development plan 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., but the proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. requires it, then a zoning map change is required.

2. Committed Public Road Improvements.

a. Road See “Street, Public” and “Street, Private.” improvements that were committed as recommended by the TIA performed with the original zoning map change are exempted at the time of full build-out through a new TIA that demonstrates the intensity of the full build-out of the overall development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. no longer warrants the improvement.

b. The City Transportation Department, and NCDOT, as applicable, shall review the new TIA to verify the accuracy of the analysis, and that the previously recommended and committed improvements are no longer warranted. However, if the new TIA indicates that additional improvements are needed, then those new improvements shall be required of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. 

A. Protest Petition Defined

A petition in opposition to a zoning map change shall be considered a "valid protest petition" if the petition meets the requirements of applicable state law.

Commentary:    Session Law SL2015-160 repealed the protest petition process for municipalities, effective upon zoning map change applications submitted after August 1, 2015. This law did not repeal Session Law SL2010-80, which allows protest petitions for zoning map change applications within Durham County’s jurisdiction.

B. Standards

1. The petition must meet the substantive requirements of Session Law 2010-80, and in particular must be signed 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. by the owners Any person having charge of any real property according to the records held by the Register of Deeds. of either:

a. 20% or more of the area included in the proposed change or

b. Five percent of the area of a 100-foot wide buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. extending along the entire boundary of each discrete or separate area proposed to be rezoned. In evaluating the sufficiency of a protest under this provision:

(1) A discrete or separate area shall be calculated for any noncontiguous part of an area proposed for zoning map change that is physically separated from other areas proposed for change by property (not including right of way) that is not part of the requested zoning map change;

(2) A street right of way shall not be considered in computing the 100 foot buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area as long as the street right of way is 100 feet wide or less.

(3) When less than an entire parcel See “Lot of record.” of land is being rezoned, the 100 foot buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be measured from the property line of the entire parcel See “Lot of record.”.

2. Property Ownership

Property ownership shall be determined based on available recorded property records. In the event of records that are incomplete or in conflict, County tax listings may be used to determine ownership.

3. Other Required Information

The petition shall contain all information required on the form supplied by the Planning Director or designee, or the Clerk to the Board of Commissioners.

C. Procedure

1. A form for a protest petition shall be available from the Planning Director or designee, or the Clerk to the Board of Commissioners.

2. Completed petitions shall be submitted to the Clerk to the Board of Commissioners at least four working days Days exclusive of Saturday, Sunday and (a) when used other than in reference to Sec. 3.8, Sedimentation and Erosion Control, and Sec. 12.10, Sedimentation and Erosion Control, legal holidays recognized by the City or County; or (b) when used in reference to Section 3.8 and 12.10, days during which weather conditions or soil conditions permit land-disturbing activity to be undertaken, as determined by the sedimentation and erosion control officer, or their designee, except where the context clearly indicates otherwise. prior to the day of the public hearing.

3. The Planning Director, or designee, in consultation with the County Attorney, shall determine if the petition meets the criteria for classification of "valid protest petition". The Clerk shall inform the governing body that a petition has been filed and indicate the determination by the Planning Director - or designee - whether the petition is valid or invalid. The Planning Director, or designee, shall notify the petitioner as to the validity of the protest petition.

4. Where a substantial modification to a zoning map change application that requires resubmission to the Planning Commission has been submitted, the Planning Director, or designee, shall notify the petitioner, in writing, that a new protest petition is required.

5. Petitions for zoning map change for which a protest petition has been determined to be valid shall require a ¾ vote of the governing body for approval rather than a simple majority. Vacant positions and members who have been excused from voting because of a conflict of interest shall not be considered in computing governing body membership.

D. Withdrawal

Persons 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. or entities who have signed 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. protest petitions may withdraw their signatures at any time prior to the vote on the proposed map change. Any withdrawal must meet standards established for such withdrawals by the Planning Department. Withdrawals submitted less than two working days Days exclusive of Saturday, Sunday and (a) when used other than in reference to Sec. 3.8, Sedimentation and Erosion Control, and Sec. 12.10, Sedimentation and Erosion Control, legal holidays recognized by the City or County; or (b) when used in reference to Section 3.8 and 12.10, days during which weather conditions or soil conditions permit land-disturbing activity to be undertaken, as determined by the sedimentation and erosion control officer, or their designee, except where the context clearly indicates otherwise. prior to the public hearing may result in a continuance of the hearing if the effect of the withdrawal on the validity of the protest cannot be determined prior to the public hearing.

E. Exemption

The foregoing provisions concerning protest petitions shall not be applicable to any zoning map change that establishes the County’s zoning designation on property that has been relinquished from the City’s jurisdiction, except as provided by general or local law.

Approval of a zoning map change with a development plan 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. shall enable the owner Any person having charge of any real property according to the records held by the Register of Deeds. or an authorized agent of the owner Any person having charge of any real property according to the records held by the Register of Deeds. to prepare a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. in conformance with the zoning map change and development plan 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. for the property. The site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. may be prepared for the entire property or phases of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. project in accordance with Sec. 3.7, Site Plan Review.

A. When the governing body has denied a zoning map change, no new application may be filed for a similar zoning map change on the subject site until at least 12 months have elapsed since the date of the previous action. The Planning Director - or designee - may waive this requirement if the application has been significantly modified or there has been a significant change in the facts or circumstances since the previous request.

B. When the governing body has denied an annexation petition, the concurrent zoning map change shall be administratively withdrawn.

A. Subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. approval shall be required except as specified in paragraph 3.6.2, Actions Exempt from Subdivision Requirements (Exempt Plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided.).

B. All requirements imposed through a plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. shall run with the land and shall apply against any owner Any person having charge of any real property according to the records held by the Register of Deeds., subsequent owner Any person having charge of any real property according to the records held by the Register of Deeds., or occupant.

A. The following shall not be considered “subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets.” and are exempt from the provisions of this section:

1. The combination or recombination of lots, or portions of lots, previously created and recorded, if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this Ordinance;

2. The division of land into parcels See “Lot of record.” greater than ten acres if no street right-of-way 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. dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. is involved;

3. The public acquisition by purchase of strips of land for widening or opening streets or for public transportation system corridors;

4. The division of a tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. in single ownership of which the entire area is no greater than two acres into not more than three lots, if no street right-of-way 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. dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. is involved and if the resultant lots are equal to or exceed the standards of this Ordinance; and

5. The division of a tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. into parcels See “Lot of record.” in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes.

B. The Planning Director - or designee - certification of exempt status is required. Exempt plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. shall be stamped by the Planning Director or designee, noting their exemption, and signed 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. so that they can be recorded by the Office 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. of the Register of Deeds.

C. Exempt plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. shall only be required to conform to applicable lot dimensional requirements within Article 6, District Intensity Standards; Article 7, Design Standards; and any other section in this Ordinance where lot dimensional standards are regulated. Exempt plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. shall also conform to applicable nonconformity requirements within Article 14, Nonconformities.

D. The subdivider shall have 180 days after the certification of exempt status is granted to file and record the approved plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. with the Office 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. of the Register of Deeds before the exemption status becomes void.

A. No subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. of land within the jurisdiction of either the City or County may be filed or recorded with the Office 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. of the Register of Deeds until it has been submitted to and approved by the Planning Director or designee, and until the approval is entered on the face of the plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided..

B. Any person 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. who, being the owner Any person having charge of any real property according to the records held by the Register of Deeds. or the agent of the owner Any person having charge of any real property according to the records held by the Register of Deeds. of any land located within the jurisdiction of this Ordinance, subdivides land in violation 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. of this Ordinance, or transfers, or sells land by reference to, exhibition of, or any other use of a plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. showing a subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. of the land before the plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. has been properly approved under this Ordinance, and recorded in the Office 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. of the Register of Deeds, shall be punishable pursuant to state and local law.

C. The description by metes and bounds in the instrument of transfer, or other document used in the process of selling or transferring land, does not exempt the transaction from penalties. The City or County, as appropriate, may bring an action for injunction of any illegal subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets., transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order for compliance.

A. Pre-Application conference

All applicants considering petitioning for a conservation subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. or any other preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. pursuant to paragraph 3.2.2, Pre-Application Conference, shall schedule a pre-application conference with the Planning Director, or designee to discuss the procedures, standards, and regulations required for subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. approval in accordance with the provisions of this Ordinance.

B. Pre-Application Neighborhood Meeting

The applicant shall hold a neighborhood meeting as set forth in paragraph 3.2.3, Neighborhood Meeting, prior to application submittal.

It is recommended, but not required, that the applicant applying for subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. approval submit a sketch/concept plan for review by the Planning Director or designee. This plan should, in simple sketch form, show the proposed layout of streets, lots and other features in relation to existing conditions Conditions that exist at time of plan or plat submittal..

An application for preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. review shall be submitted in accordance with paragraph 3.2.4, Application Requirements. Preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. documents showing the proposed subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. of the land into lots shall contain, as a minimum, the information listed below unless the Planning Director, or designee, makes the determination that less detailed information is required for adequate review. No processing or review of a preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. will proceed without the required information. Detailed standards and specifications for design and construction are available from City, County and State agencies 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., as applicable.

A. General Requirements

1. Title Block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. – Name of project, labeled Preliminary Plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review.; submittal and revision dates; sheet size (36 inches by 48 inches maximum) with index map and match lines if multiple sheets are required; graphic scale (not smaller than one inch to 200 feet on a standard engineering scale); north point; property identification number; vicinity map clearly establishing the location of the proposed project, with readily recognizable landmarks, stream buffers A natural or vegetated area adjacent to a stream through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants., flood plain boundaries, property zoning districts and any overlay zones.

2. Name, address and telephone number of owner Any person having charge of any real property according to the records held by the Register of Deeds., applicant and agent; name, address and telephone number of surveyor, engineer, landscape architect, or other designer, with seal.

3. In addition, State or Federal regulations may require that additional information be supplied to the Planning Department as a part of a submittal.

B. Existing Conditions

1. Boundary of the property, using metes and bounds with angle of departure of adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties; site size and amount to be developed 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.; lot lines; building 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. foot prints and square footage; improvements, such as loading areas A space used to transfer goods and material between vehicles and a building or lot., parking areas, driveways A private roadway located on a parcel or lot used for vehicle access., alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street., streets, sidewalks, etc.; any septic tanks, drain fields and wells; culverts and other subsurface features; all utility easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., above and below ground, including information on type, size, and elevation; railroads; cemeteries A place used or to be used and dedicated or designated for interment of human remains or pet animal remains.; setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. requirements; zoning of the site and adjacent Property abutting directly on the boundary of, touching, or sharing a common point. zoning, including any overlay zones; land use of the site and adjacent Property abutting directly on the boundary of, touching, or sharing a common point. land uses including major improvements within 50 feet of the subject property; adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property owners Any person having charge of any real property according to the records held by the Register of Deeds.; adjacent Property abutting directly on the boundary of, touching, or sharing a common point. streets, including name and right of way width. Existing features shall be clearly distinguishable from proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

2. Topographic contours at two-foot intervals for all property within 100 feet of a proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. area and topographic contours at five-foot contour intervals for the remainder of the property including a source reference; locations and names of water features including shorelines, water bodies, intermittent and perennial streams A body of concentrated flowing water in a natural low area or natural channel on the land surface.; a major specimen tree survey; locations of drainage ways, stream buffers A natural or vegetated area adjacent to a stream through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants., floodways The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot., floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. fringes, wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. and wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. buffers; locations of vegetation, rock outcrops, steep slope areas, Durham Natural Inventory See "Durham Inventory." sites and Durham Historic Inventory See "Durham Inventory" Sites.

3. A list of any conditions applied to the property as part of any previous approvals.

C. Proposed Conditions

1. Street Improvements (Public and Private): location of improvements or widenings, names, widths of rights of way and pavement, design criteria including sight triangles and a typical cross section; Traffic Impact Analysis, if required.

2. Pedestrian Circulation: location of sidewalks and other pedestrian ways including dimensions and surfacing, along streets and other locations; provision of crosswalks.

3. Landscaping: location of all plant materials and other landscaping features, including calculations of amount required and the amount provided; the number, size, and description of plant materials, fences, walls and berms; provisions for screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. specialized features, such as storage areas; calculations of the amount of tree coverage required and the amount and percentage of tree coverage provided by tree preservation and tree replacement; calculation of the amount of street trees and the amount provided by tree preservation and tree installation; a land disturbance tree survey; and the location and a description of all proposed and required tree protection measures.

4. Grading A land disturbing activity that modifies the contours of the land.: location of vegetation to be retained including approximate sizes and protection measures to be used; a depiction of contours at two foot intervals, supplemented with spot elevations when necessary, including location, description, and size of any retaining walls; dimensions of stream buffers A natural or vegetated area adjacent to a stream through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants..

5. Utilities: location and width of all easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. and rights of way for water, sewer, storm sewers, gas, electric, communication facilities, or any other utility facility.

6. Storm Drainage: location and description of temporary and permanent storm drainage pipes and swales; amount of impervious surface 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.; provisions for erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. controls, including retention and detention facilities; mechanisms for complying with paragraph 8.5.5, Diffuse Flow Requirements; as well as professionally sealed engineering calculations used in the design.

7. Water and Sewer: location and description of public and private water and sanitary sewer improvements including connections to existing facilities and maintenance provisions.

8. Property Dedications The transfer without payment of ownership or other interest in real property from a private entity to a public agency./Reservations The withholding by a private entity of specific real estate from development pending acquisition by a public agency.: location and description of dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. or reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency. properties under public or private ownership including the boundaries, size, purpose, future ownership and maintenance provisions for the property. This category includes but is not limited to rights-of-way, rail corridors, greenways, recreation facilities, open space 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 common areas.

9. Specific performance standards as required by other Articles of the UDO.

10. Within Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas: demonstration that the subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. will minimize flood damage through the location and construction of all public utilities 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. and facilities, including water and sewer systems; adequate drainage in accordance with adopted standards to reduce exposure to flood hazards.

D. Traffic Impact Analysis

A traffic impact analysis (TIA) pursuant to Sec. 3.3, Traffic Impact Analysis (TIA) may be required.

A. Applicability

1. A preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. shall be required for all subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. of land within the jurisdiction of this Ordinance for developments 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 more than six lots. A preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. is required for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of six lots or less unless there is no public dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. of land, no streets, no utility extensions, no required diffuse flow mechanisms, and no required stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. management facilities.

2. Subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. approval requires the submission of both preliminary and final plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. and full interagency review for conformity with the requirements of this Ordinance and other development-related ordinances.

3. Where site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., as required by this Ordinance, serve as preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review. for subdivisions 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., they shall satisfy these submission requirements in addition to those required for zoning compliance.

B. Public Notice

Any preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. application that involves criteria pursuant to paragraph 3.7.3B, Major Site Plans, shall be noticed pursuant to 3.2.5D, Public Notification Service.

C. Action by the Planning Director

Staff review agencies 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. shall complete review and transmit comments back to the Planning Director or designee.

D. Action by the Approving Authority

The preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. shall be approved by the approving authority if it meets the following criteria:

1. Conforms with all the provisions and requirements of applicable adopted plans, including but not limited to the Comprehensive Plan 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., historic preservation plans, open space 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. plans, greenways plans, transportation plans, gateway plans, corridor plans, collector street A local street which serves as a connector street between local residential streets, commercial development and the thoroughfare system; such streets typically collect traffic from 250 to 400 dwelling units. plans, and bicycle plans;

2. Conforms with all the provisions and requirements of this Ordinance; and

3. Conforms with all the provisions and requirements of other applicable ordinances not included in this Ordinance.

E. Reservation of Public Facility Sites and Lands

This section does not apply to the reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency. of lands for public streets and roads See “Street, Public” and “Street, Private.”.

1. The review of preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review. may be delayed by no more than 45 calendar days if the proposed subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. contains sites which appear in an adopted plan or policy documents as a future site for a public school or other public facility A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government., recreation area, park, greenway or other open space 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.. During preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. review, the appropriate entity responsible for future site acquisition shall be given 45 calendar days from date of plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. submission to decide if it wishes to reserve The withholding by a private entity of specific real estate from development pending acquisition by a public agency. the site.

2. If the site is not to be reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency., the subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall be processed in the normal fashion. If the agency 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. wishes to reserve The withholding by a private entity of specific real estate from development pending acquisition by a public agency. the site and specifies such intent in writing to the Planning Director or designee, the subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall not be approved without the reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency..

3. Public school authorities shall have 18 months from the date of preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. approval to acquire the site by purchase, by receipt of dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency., or by initiating condemnation proceedings. If, at the end of the 18-month period, none of the above actions has occurred, the subdivider may consider the land free from reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency. and apply for revised preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. approval for its use.

Commentary: See NCGS §160D-804(f).

4. Public agencies 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. other than schools shall have 120 calendar days from the date of preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. approval to arrange for site acquisition for public facilities A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government. by option to purchase, by purchase, by receipt of dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency., or by initiating condemnation proceedings. If, at the end of the 120-day period, none of the above actions has occurred the subdivider may consider the land free from reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency. and apply for revised preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. approval for private use of the property.

F. Issuance of Required Permits

1. Upon preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. approval, the applicant may apply for the required permits to begin site work and the installation of improvements.

2. All site work shall be performed in compliance with the requirements of this section and other applicable regulations of the City, County, and State.

3. No required permit may be issued until the required preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. is approved.

G. Preliminary Plat Revisions

1. Minor revisions to approved preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review., which reflect the same basic street and lot configuration as used for the original approval, may be approved by the Planning Director or designee.

2. Significant changes to an approved preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., as determined by the Planning Director or designee, shall be resubmitted for review and approval as if it is a new application.

H. Continuing Validity of Preliminary Plat

1. An approved preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. shall retain its validity for four years, if:

a. A permit to begin development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. pursuant to the plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., such as a land disturbance permit, a building permit 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,

b. Building 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 activity 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.

2. The issuance of a building permit A permit issued by the Inspections Department in conformance with the State Building Code. or a certificate of compliance 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 preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. for the unbuilt portions of that phase or any future phases of the project for which building 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.

3. Preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. amendments shall not extend the validity of the original approved preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review..

4. Validity may be extended if vesting is determined per Sec. 3.20, Vested Rights The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance..

A. Applicability

1. A final plat The final map of all or a portion of a subdivision which is presented for final approval. shall be required for all subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. of land within the jurisdiction of this Ordinance except as allowed under North Carolina General Statute.

2. Minor Plats

A minor plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. is a final plat The final map of all or a portion of a subdivision which is presented for final approval. for subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. that does not qualify as an exempt plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. or require a preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. approval pursuant to paragraph 3.6.7, Preliminary Plat Approval. In addition to the applicable requirements pursuant to paragraph 3.6.8E, Action by the Planning Director, the following shall apply:

a. No part of the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. or parcel See “Lot of record.” to be divided has been divided 10 years prior to the application.

b. A stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. impact analysis shall be submitted that documents and supports how the project foregoes any stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control measure(s).

c. The subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall comply with all applicable City and/or County utility requirements.

B. Conformity with Preliminary Plat

1. The final plat The final map of all or a portion of a subdivision which is presented for final approval. shall conform to the approved preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., if any.

2. The final plat The final map of all or a portion of a subdivision which is presented for final approval. may constitute only that portion of the preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. which is proposed for recordation.

C. Application Requirements

1. When the installation of required site improvements is nearing completion, the subdivider shall submit a final plat The final map of all or a portion of a subdivision which is presented for final approval. for review and approval.

2. An application for final plat The final map of all or a portion of a subdivision which is presented for final approval. approval shall be submitted in accordance with paragraph 3.2.4, Application Requirements.

3. The final plat The final map of all or a portion of a subdivision which is presented for final approval. shall be drawn in accordance with North Carolina General Statute 47-30, Plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. and Subdivisions-Mapping Requirements; standard land surveying and mapping practices; and city/county engineering standards.

D. Endorsements on Final Plats

The following certificates shall be placed upon all final plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided.:

1. Certificate of accuracy and mapping signed 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. by a registered surveyor;

2. Certificate of ownership and dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. signed 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 notarized, including all individuals, partnerships, and corporations, and lenders with financial security interests;

3. Attorney’s certification of ownership for any final plat The final map of all or a portion of a subdivision which is presented for final approval. involving a right-of-way 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. dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. signed 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 notarized; and

4. Review officer 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.’s certification.

E. Action by the Planning Director

Staff review agencies 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. shall complete review and transmit comments back to the Planning Director, or designee. The Planning Director or designee shall approve the plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. as is, defer action for additional information and corrections, or disapprove it. If the final plat The final map of all or a portion of a subdivision which is presented for final approval. is disapproved or deferred, the Planning Director or designee shall notify the applicant of the reasons for such disapproval or deferral. The final plat The final map of all or a portion of a subdivision which is presented for final approval. shall be approved by the Planning Director or designee if it meets the following criteria:

1. Conforms with all the provisions and requirements of applicable adopted plans, including but not limited to the Comprehensive Plan 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., historic preservation plans, open space 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. plans, greenways plans, transportation plans, gateway plans, corridor plans, collector plans, and bicycle plans;

2. Conforms with all the provisions and requirements of this Ordinance;

3. Conforms with all the provisions and requirements of other applicable ordinances not included in this ordinance;

4. Conforms with the preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., if any;

5. Conforms with completed and approved construction drawings for public infrastructure, where such construction drawings are required by this Ordinance or other applicable ordinance; and

6. Is accompanied by a performance guarantee deemed adequate by the requesting department, if required infrastructure, including but not limited to stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt., street, or water and sewer improvements, has not been completed in accordance with approved construction drawings, and if the department responsible for such infrastructure has consented to final plat The final map of all or a portion of a subdivision which is presented for final approval. approval pending its completion.

F. Expiration of Approval

The subdivider shall have 180 days after approval to file and record the final plat The final map of all or a portion of a subdivision which is presented for final approval. with the Office 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. of the Register of Deeds before the approval becomes void.

For purposes of financing or refinancing development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., it is sometimes necessary to subdivide a previously approved development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. complex (including but not limited to a shopping center A group of retail businesses developed under a uniform development scheme and served by common off-street parking facilities., an office 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. or industrial park, or a housing complex) originally located on a single parcel See “Lot of record.” into two or more lots, where a subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. would vary dimensional, parking, or landscaping requirements of this Ordinance. The Planning Director or designee is authorized to permit such subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. to occur subject to the following criteria:

A. A valid, approved site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. exists for the overall complex;

B. The complex, in its entirety, satisfies all Ordinance requirements; and

C. Each final plat The final map of all or a portion of a subdivision which is presented for final approval. created contains a note stating that the owners Any person having charge of any real property according to the records held by the Register of Deeds. acknowledge that the individual parcel See “Lot of record.” is a part of the named development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. complex, and that deeds of easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., restrictive covenants, and/or other legal documents necessary for the perpetual functioning of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. complex shall be executed and recorded with the final plat The final map of all or a portion of a subdivision which is presented for final approval..

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

A. Complies with all applicable Ordinance requirements, including any applicable development plan 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 space 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 waste 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 stormwater 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 easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. and dedications 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 development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with the existing or funded transportation system, or adequate traffic mitigation measures, are provided.

All proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or changes of use, except as indicated below, shall be subject to the site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review process. Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that is part of a Common Plan of Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as defined in the City of Durham Code of Ordinances shall be subject to regulations and requirements therein. The following are exempt from site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review:

A. Single-family 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-family 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. development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. on existing single lots of record 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. Townhouse 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 development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. 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 Watershed 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 Watershed 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 unit 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. development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. 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 Watershed 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 Watershed 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. Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of lots 20,000 square feet or less located in the CI District or utilizing the CI District dimensional standards. For residential uses, CI District density 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 Watershed All of the land area draining to a particular point on a water course or to a water body..

E. Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. 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 development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. require a certificate of appropriateness (COA) or a special use permit, a site plan 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

Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. projects consisting only of public utility 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-way 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-way 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-way 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 plan 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 plan 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 development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. project.

2. In local historic districts, a separate site plan 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 plan 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.

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 Watershed 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 surface 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 Option 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 plan 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 plan 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 stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. facilities, and changes of use that require different development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. standards, shall be resubmitted for site plan 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 plan 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 plan 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 Insurance 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 plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. amendment.

4. A site plan 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 plan 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.

A site plan 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 plan 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.

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

B. An application for site plan 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 plans 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 variance 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 development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. requirements. Site plan 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 plan 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 plan 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 plan 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 agency 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 plan 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 plan 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 plan 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 owner Any person having charge of any real property according to the records held by the Register of Deeds., subsequent owner Any person having charge of any real property according to the records held by the Register of Deeds., or occupant.

A. Site plans 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 agency 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, signed 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.

After an approved copy of the site plan 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, building 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 permit A permit issued by the Inspections Department in conformance with the State Building Code. may be issued until the required site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. is approved.

Inspections of site improvements shall be made by the entity responsible for such improvements as required to certify compliance with approved site plans 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.

Improvements specified in the approved plan shall be made prior to issuance of a certificate of compliance 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.

Applications for major special use permits may be submitted concurrently with a site plan 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.

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

A. An approved site plan 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 development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. pursuant to the site plan 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 permit 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. Building 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 activity 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 permit A permit issued by the Inspections Department in conformance with the State Building Code. or a certificate of compliance 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 plan 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 building 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 plans 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 plan 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 plan 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.

A. If required under Sec. 12.10, Sedimentation and Erosion Control, an approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. and/or a land-disturbing permit shall be obtained before commencing land-disturbing activity.

B. Pursuant to Sec. 113A-57(4) of the North Carolina Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. Pollution Control Act of 1973, no person 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. shall initiate any land-disturbing activity that will disturb more than one acre or requires a sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. under Sec. 12.10 unless, 30 or more days prior to initiating the activity, an erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan for the activity is filed with and approved by the County Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Office 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..

A. Erosion and Sedimentation Control Plan

1. A sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. shall be filed with the County Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Office 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. by either hard copy or digitally.  A digital copy of approved construction drawings and approved site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., where applicable, shall also be provided upon their approval.

2. A sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. shall contain site drawings, vicinity maps, assumptions, calculations, narrative statements, and a construction sequence as needed to adequately describe the proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and the measures proposed to comply with the requirements of this Article.

3. A sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. shall be prepared by, and bear the seal and signature of, a registered professional engineer, registered landscape architect, registered architect, registered land surveyor, or certified professional in erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control. The County Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer 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. or designee may, however, deem such a seal and signature not necessary due to site simplicity (as the absence of sensitive geographical features and receiving watercourses A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.) and the limited nature of the sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control measures required. In the case of a single-family 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. lot in a common plan of development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. where the developer Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and builder are different, such a seal and signature is not required unless there is a design feature requiring such under federal or State law or regulation.

4. The approval of sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. is conditioned on the applicant’s compliance with Federal, State and local water quality laws, regulations, and rules.

5. An approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. shall be kept on file at the job site.

B. Land-Disturbing Permit

1. A land-disturbing permit may be obtained by submitting the following:

a. Applicable fee;

b. Verification of an approved site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or written approval issued by the Durham City-County Planning Department;

c. Completed Durham County Financial Responsibility/Ownership Form With Landowner Consent Form (FRO);

d. Approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation., if required;

e. Improvement security, if required;

f. Certification that tree protection fencing has been installed, if required; and

g. Approval of the proposed project by the City or County as applicable.

2. No permit shall be issued until such time as the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer 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. or designee is assured that the proposed land-disturbing activity will be carried out in accordance with this section and Sec. 12.10, Sedimentation and Erosion Control, and the approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation., if required. A land-disturbing permit application may be disapproved for the same reasons that a sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. may be disapproved, as set forth in paragraph 3.8.7, Disapproval of Plan, of this Ordinance.

3. The Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer 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. or designee shall require security to assure performance of the conditions of the permit whenever a land-disturbing activity is in excess of five acres or whenever the Officer 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. or designee determines that the activity may result in significant off-site damage. The applicant shall file with the Officer 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. or designee an improvement security in the form of a performance bond or letter of credit. The amount shall be that which the Officer 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. or designee deems sufficient to cover all costs of protection or other improvements required for conformity with standards specified in this section and Sec. 12.10, Sedimentation and Erosion Control. The security may be adjusted or released as the amount of disturbed area changes. The security shall be released when the Officer 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. or designee has certified that all of the requirements of such sections have been met. Forfeiture of the improvement security shall not release the person 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. conducting the land disturbing activity 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. of their obligation to install and maintain necessary erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control measures, to stabilize the site, or any other obligation of this section or Sec. 12.10, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, or any rule or order promulgated in furtherance thereof.

4. Prior to initiating land-disturbing activity, the permitee shall notify the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Office 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. of the date that such activity will begin.

5. A land-disturbing permit issued shall be prominently displayed at the job site until all construction is completed, all permanent sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control measures are removed, and the site has been stabilized as required.

The fees charged for the administration and enforcement of this Article shall be as prescribed by the Board of Commissioners.

A. The County Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer 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. or designee shall review each complete sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. submitted and within 30 days of receipt shall notify the person 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. submitting the plan that it has been approved, approved with modifications, or disapproved. Failure to approve, approve with modifications, or disapprove a complete plan within 30 days of receipt shall be deemed approval. Failure to approve, approve with modifications, or disapprove a revised plan within 15 days of receipt shall be deemed approval. Disapproval of a plan must specifically state in writing the reasons for disapproval.

B. If, following commencement of a land-disturbing activity pursuant to an approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation., the County Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer 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. or designee determines that the plan is inadequate to meet the requirements of this section or Sec. 12.10, Sedimentation and Erosion Control, the Officer 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. or designee may require such revisions as it deems necessary to comply with such sections. Failure to approve, approve with modifications, or disapprove a revised plan within 15 days of receipt shall be deemed approval. Pending approval of a revised plan, work shall cease or shall continue only as authorized by the Officer 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. or designee.

C. The County Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer 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. or designee shall review each permit application that does not require an approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. and within 14 calendar days of receipt shall notify the person 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. submitting the application that it has been issued or denied.

When deemed necessary by the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer 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., or designee, a preconstruction conference may be required.

The landowner, the financially responsible party, or the landowner’s or the financially responsible party’s agent of all permit holders, except for individual residential lots smaller than 1 acre, shall perform an inspection of the area covered by the plan after each phase of the plan has been completed and after establishment of temporary ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. in accordance with Sec. 12.10. The person 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. who performs the inspection shall maintain and make available a record of the inspection at the site of the land-disturbing activity. The record shall set out any significant deviation from the approved erosion control plan A plan designed to control both erosion and sedimentation., identify any measures that may be required to correct the deviation, and document the completion of those measures. The record shall be maintained until permanent ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. has been established as required by the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan. The inspections required by this subsection shall be in addition to inspections conducted by the Durham County Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Office 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..

A. An erosion control plan A plan designed to control both erosion and sedimentation. may be disapproved upon a finding that an applicant, or a parent An affiliate that directly, or indirectly through one or more intermediaries, controls another person., subsidiary An affiliate that is directly or indirectly through one or more intermediaries, controlled by another person. or other affiliate A person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person. of the applicant:

1. Is conducting or has conducted land-disturbing activity without an approved plan;

2. Has received notice of violation 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. of a plan previously approved by the North Carolina Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. Control Commission or a local government pursuant to the North Carolina Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. Pollution Control Act of 1973, as amended, and all rules and orders adopted pursuant to it (the Act) or local ordinance adopted pursuant to the Act, and has not or had not complied with the notice within the time specified in the notice;

3. Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act by the time the payment is due; or

4. Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to the Act.

B. For purposes of this subsection, an applicant’s record may be considered for only the two years prior to the application date.

C. Any person 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. engaged in land-disturbing activity who fails to file a plan in accordance with this Article, or who conducts a land-disturbing activity except in accordance with provisions of an approved plan, shall be deemed in violation 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. of this Article.

Applications for amendment of an erosion control plan A plan designed to control both erosion and sedimentation. in written and/or graphic form may be made at any time under the same conditions as described in this section for a new application. Until such time as such amendment is approved by the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer 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. or designee, the land-disturbing activity shall not proceed except in accordance with the erosion control plan A plan designed to control both erosion and sedimentation. as originally approved.

A. Except as provided in paragraph B. of this subsection, the appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. of a disapproval or approval with modifications of a plan shall be governed by the following provisions:

1. The disapproval or modification of any proposed erosion control plan A plan designed to control both erosion and sedimentation. or the refusal to issue a land-disturbing permit by the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer 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. or designee shall entitle the person 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. submitting the plan, or applying for the permit, to a hearing if such person 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. submits written demand to the Clerk to the Board of Commissioners for a hearing within 15 days after receipt of written notice of disapproval or modifications. The written demand must specify, with particularity, the factual and/or legal basis for the appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision.. No grounds, other than those so specified, may be argued;

2. Hearings held pursuant to this section shall be conducted by the Board of Commissioners within 15 days after the date of the appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. or request for a hearing, or at the next regularly scheduled meeting, whichever is later; and

3. If the Board of Commissioners upholds the disapproval or modification of a proposed erosion control plan A plan designed to control both erosion and sedimentation. or refusal to issue a permit following the public hearing, the person 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. submitting the plan or permit application shall then be entitled to appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. the Board of Commissioners’ decision to the State Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. Control Commission as provided in NCGS § 113A-61(c) and Title 15 NCAC 4B.0018(d).

B. Appeals

In the event that an erosion control plan A plan designed to control both erosion and sedimentation. is disapproved pursuant to paragraph 3.8.7, Disapproval of Plan, the County Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Office 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. shall notify the Director of the Division of Energy, Mineral, and Land Resources (within the North Carolina Department of Environmental Quality [DEQ]) of such disapproval within ten days. The Office 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. shall advise the applicant and the Director in writing as to the specific reasons that the plan was disapproved. The applicant may appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. the Office 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.’s disapproval of the plan pursuant to paragraph 3.8.7, Disapproval of Plan, directly to the State Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. Control Commission.

A. A land-disturbing permit shall expire at the end of:

1. One year from the date of issuance if no land-disturbing activity has been undertaken 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. in that period. No land-disturbing activity may take place following expiration until the person 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. responsible has applied for, and received, a new land-disturbing permit. The fee for the new permit shall be 100% of the current applicable fee; or

2. A two-year period, unless it is extended by the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer 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. or designee upon written request of the permit holder. The request for extension shall include reasons for incompletion of the work. After review of the original plan and an on-site inspection of the completed work, the permit may be extended effective for a period not to exceed six months from the date of expiration of the original permit. The fee for the extended permit shall be 25% of the current applicable fee. If work cannot be completed and the site permanently stabilized prior to expiration of the permit extension, then a new land-disturbing permit must be applied for and obtained as described in this section.

B. An approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. for which no permit has been issued shall expire one year from the approval date. If a plan has been disapproved, a revised plan must be submitted within one year from the disapproval date or the file will be closed.

Land disturbance permits may be transferred from one financially responsible party to another within the permit term.  Transfer of a permit does not extend the permit term.

A. All Permit Transfers 

1. In order to transfer a land disturbance permit from one financially responsible party to another, the following documents must be submitted under the name of the new financially responsible party:

a. Completed Durham County Financial Responsibility/Ownership Form with Landowner Consent Form (FRO);

b. Improvement security, if required.

2. Transfer of permit shall include entirety of original permitted area, unless approved in writing by the Durham County Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Office 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..

B. Single Family Lots:

For land-disturbing activities on a single-family 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. residential lot involving new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. with land disturbance of less than one acre where the builder or developer 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. is the owner Any person having charge of any real property according to the records held by the Register of Deeds. of the lot being developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and the person 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. financially responsible for the land-disturbing activity, the financial responsibility for land-disturbing activity on that lot transfers to the new owner Any person having charge of any real property according to the records held by the Register of Deeds. upon the builder's or developer 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.'s conveyance of the lot to the new owner Any person having charge of any real property according to the records held by the Register of Deeds., recording of the deed in the office 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. of the register of deeds, and notification to the Durham County Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control Office 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..

A. Special uses within the zoning districts are considered to be uses which are appropriate in a particular zoning district but because of their potential for incompatibility with surrounding uses require individual review.

B. A minor special use permit shall be required for all minor special uses as set forth in the use table in Sec. 5.1, Use Table, and as may be specified elsewhere in this Ordinance. Minor special use permits require approval by the Board of Adjustment, except pursuant to paragraph 3.9.1E, below.

C. A major special use permit shall be required for all major special uses as set forth in the use table in Sec. 5.1, Use Table; for spray irrigation in a conservation subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. pursuant to paragraph 6.2.4, Conservation Subdivision; and as specified elsewhere in this Ordinance. Major special use permits require approval by the appropriate governing body.

D. A transportation special use permit shall be required for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. projects with corresponding site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review. pursuant to paragraph 3.9.10, Transportation Special Use Permit. Transportation special use permits require approval by the appropriate governing body.

E. Projects that require not only a major and/or transportation special use permit, but also a minor special use permit, may have the use permits consolidated into a single hearing before the appropriate governing body so long as all required findings for each special use permit are made. Separate orders for each special use permit shall be issued.

All applicants applying for a special use permit shall schedule a pre-application conference in accordance with paragraph 3.2.2, Pre-Application Conference.

All applications for special use permits shall be submitted in accordance with paragraph 3.2.4, Application Requirements.

Once the application has been determined complete, the Planning Director or designee shall schedule a public hearing and give public notice as set forth in paragraph 3.2.5, Notice and Public Hearings.

The Planning Director or designee shall prepare a report that reviews the special use permit in light of any requirements of this Ordinance. A copy shall be provided to the Board of Adjustment or the governing body, as appropriate, and the applicant.

A. Prior to scheduling the public hearing on the minor special use permit, the corresponding site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or architectural review application, as applicable, shall be ready for action by the approving authority.

B. The applicant seeking the special use permit shall have the burden of presenting evidence sufficient to allow the approving authority to reach the conclusions set forth below, as well as the burden of persuasion on those issues.

C. After conducting the public hearing and hearing the recommendations of the Planning Director or designee, the Board of Adjustment shall:

1. Approve the request;

2. Approve the request with conditions.

3. Deny the request; or

4. Continue the hearing.

D. Conditions may be incorporated as part of the approval of the special use permit to assure that adequate mitigation measures are associated with the use or design pursuant to NCGS §160D-705(c), as applicable. The conditions shall become a part of the minor special use permit approval. Violations 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. of any of the conditions shall be treated in the same manner as other violations 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. of this Ordinance.

A. Prior to scheduling the public hearing on the major or transportation special use permit, the corresponding site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. shall be ready for action by the approving authority.

B. After conducting the public hearing and hearing the recommendations of the Planning Director, Transportation Director, or their designee as appropriate, the governing body shall:

1. Approve the request;

2. Approve the request with conditions.

3. Deny the request; or

4. Continue the hearing.

C. The governing body may place conditions on the use as part of the approval to assure that adequate mitigation measures are associated with the use. The conditions shall become a part of the major special use permit approval. Violations 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. of any of the conditions shall be treated in the same manner as other violations 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. of this Ordinance.

A. General Findings

Unless otherwise specified in this Ordinance, applications for major or minor special use permits shall be approved only if the approving authority finds that the use as proposed, or the use as proposed with conditions, is:

1. In harmony with the area and not substantially injurious to the value of properties in the general vicinity;

2. In conformance with all special requirements applicable to the use;

3. Will not adversely affect the health or safety of the public; and

4. Will adequately address the review factors identified below.

B. Review Factors

The applicant shall demonstrate that the review factors listed below have been adequately addressed. If an application is denied, the approving authority shall specify which of these review factors, if any, were not adequately addressed.

1. Circulation

Number and location of access points to the property and the proposed structures and uses, with particular reference to automotive, bicycle, mass transit and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

2. Parking and Loading

Location of off-street parking and loading areas A space used to transfer goods and material between vehicles and a building or lot..

3. Service Entrances and Areas

Locations of refuse and service areas In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. with particular reference to ingress and egress of service vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere..

4. Lighting

Locations of exterior lighting with reference to glare, traffic safety, economic effect and compatibility with other property in the area.

5. Signs

Appropriateness of signs 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. considering location, color, height, size, and design within the context of other property in the area.

6. Utilities

Location and availability of utilities.

7. Open Spaces

Location of required yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. and other open spaces 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 preservation of existing trees and other natural features.

8. Environmental Protection

Preservation of tree cover, Durham Inventory See "Durham Inventory" Sites, floodplain, stream buffers A natural or vegetated area adjacent to a stream through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants., wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies., steep slopes, open space 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 other natural features, and protection of water quality.

9. Screening, Buffering and Landscaping

Installation of screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views., buffering, fencing and landscaping where necessary to protect adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property.

10. Effect on Nearby Properties

Effects of the proposed use on nearby properties, including, but not limited to, the effects of noise, odor, lighting, and traffic.

11. Compatibility

The level of general compatibility with nearby properties and impacted neighborhoods, including but not limited to the appropriateness of the scale, design, and use in relationship to other properties.

12. Consistency with Policy

Consistency with the Comprehensive Plan 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. and applicable development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. tier guidelines, overlay purposes, and zoning district intent statements in Article 4, Zoning Districts.

13. Other Factors

Any other review factors which the approving authority considers to be appropriate to the property in question.

C. Additional Review Factors for Development in Special Flood Hazard Areas and Future Conditions Flood Hazard Areas

The applicant for a minor special use permit under this section shall demonstrate that the additional review factors listed below have been adequately addressed. If the application is denied, the Board of Adjustment shall specify which of these review factors, if any, were not adequately addressed.

1. Susceptibility of the proposed facility, structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., or other development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and its contents to flood damage and the effect of such damage on the individual property owner Any person having charge of any real property according to the records held by the Register of Deeds. and others as a result of flood damage;

2. Importance of the services provided by the proposed facility, structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., or other development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. to the community;

3. Necessity to the facility, structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., or other development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of a waterfront location, where applicable;

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

5. Safety of access to the property in times of flood for ordinary and emergency vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere.;

6. Expected heights, velocity, duration, rate of rise, and sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. transport of the flood waters and the effects of wave action, if applicable, expected at the site;

7. Costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities 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. and facilities such as sewer, gas, electrical and water systems, and streets and bridges;

8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. The proposed fill or development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. provides for a better balance between overall efficiency of the site design and improved conservation elsewhere on the site than would be possible without intrusion into the floodway fringe The portion of the Special Flood Hazard Area that is outside of the Floodway., non-encroachment area fringe The area within the special flood hazard area that is adjacent to, but not within, the non-encroachment area and is within the 100 year floodplain and is inundated by the base flood., Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas, or Areas of Shallow Flooding Zone A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.e AO);

10. The proposed fill or development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. represents the minimum amount of floodway fringe The portion of the Special Flood Hazard Area that is outside of the Floodway., non-encroachment area fringe The area within the special flood hazard area that is adjacent to, but not within, the non-encroachment area and is within the 100 year floodplain and is inundated by the base flood., Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas, or Areas of Shallow Flooding Zone A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.e AO) intrusion to achieve this better balance; and

11. Any other relevant factors, technical evaluations, or standards specified in other sections of this Ordinance.

A. Requirements

A transportation special use permit shall be required for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. projects that are expected to generate:

1. 600 or more vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. trips at peak hour; or

2. 300 or more vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. trips at peak hour, if any road See “Street, Public” and “Street, Private.” serving the project is operating at a level of service A measure of capacity per unit of demand for a public service or facility. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. lower than the jurisdiction’s adopted level of service A measure of capacity per unit of demand for a public service or facility. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility..

B. Exemptions

The following projects shall be exempt from the requirement of a transportation special use permit, even if they meet or exceed the thresholds specified above.

1. Projects that do not require a TIA per Sec. 3.3, Traffic Impact Analysis (TIA).

2. Projects within the UC, UC-2, or SRP zoning districts.

3. Projects outside of the City jurisdiction.

4. Projects which have submitted a TIA in connection with a zoning map change with a development plan 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., and which are developing 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. consistent with the approved development plan 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., if the TIA is valid pursuant to paragraph 3.3.6, Period of Validity.

5. Schools as defined in NCGS §160A-307.1.

C. Criteria for Approval

Applications for a transportation special use permit shall be approved only if the governing body makes the following findings:

1. The traffic generated by the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and associated improvements to the street system will not have a significant adverse impact on the surrounding area. Significant adverse impact shall include:

a. Substantial increases in traffic on local residential streets Streets less than one mile in length that do not connect thoroughfares or major traffic generators that typically do not collect traffic from more than 25 dwelling units; or a loop street less than 2,500 feet in length. such that the majority of the traffic is not associated with the residential properties which front on the street; or

b. The need to widen local residential streets Streets less than one mile in length that do not connect thoroughfares or major traffic generators that typically do not collect traffic from more than 25 dwelling units; or a loop street less than 2,500 feet in length., which would detract significantly from the character or basic function of the nearby streets.

2. Adequate provisions have been made for safe and efficient vehicular circulation, parking and loading, and pedestrian access.

3. The traffic generated by the proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and any proposed improvements to the street system will not have a significant adverse impact on the environment. Significant adverse impacts shall include but not be limited to undue concentration of air pollutants, or excessive noise or vibrations.

4. The traffic generated by the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. can be accommodated by the existing or funded transportation system, or adequate traffic mitigation measures have been proposed as part of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. application. Proposed mitigation measures shall become conditions of the special use permit. The adopted level of service A measure of capacity per unit of demand for a public service or facility. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. for the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. roadways may be considered in making this determination but shall not be the sole factor considered by the governing body.

Applications for variances 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. may be submitted concurrently with requests for special use permits. However, decisions shall be rendered separately for any variance 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. and the special use permit(s).

An application for a special use permit may be reviewed concurrently with a zoning map change application. However, decisions shall be rendered with separate motions.

An application for a special use permit which has been denied may be resubmitted if there has been a change in circumstances, as determined by the Planning Director or designee.

A special use permit shall become null and void in any of the following cases:

A. If a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or architectural review, as applicable, is not approved within 12 months of the date of permit approval.

B. If an approved site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., architectural review application, or building permit A permit issued by the Inspections Department in conformance with the State Building Code. expires.

C. If a building permit A permit issued by the Inspections Department in conformance with the State Building Code. is not issued within two years of the date of approval The date of approving authority action., in cases where a corresponding site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or architectural review is not required.

D. If a substantial violation 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. of the conditions of the permit, as determined by the Planning Director or designee occurs. The addition of language to the special use permit regarding such voiding shall not be required.

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

Appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from final action can be taken by filing a petition for certiorari with the Durham County Superior Court.

The approved order for the special use permit, once the time period for appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. has expired or once it has been upheld on appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., shall be recorded at the applicable Register of Deeds.

A. Certain signs 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 allowed without sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permits (as set forth in Article 11, Signs). Signs 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. requiring permits shall be allowed in accordance with the following procedures.

Commentary: A common signage plan A plan delineating unifying characteristics for signs associated with a development project or complex. may be required before a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit can be issued (see Sec. 3.11, Common and Way-Finding Signage Plans).

B. Internally oriented The directional placement of a structure or element in relation to its surroundings, the street and other structures. signs 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. not legible from the public right-of-way 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. shall not require a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit; however, electrical or other permits may be required.

A. Except as provided in Article 11, Signs, no sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. may be erected, moved, enlarged, or altered except in accordance with this Ordinance and pursuant to the issuance of a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit.

B. A sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit application shall be submitted in accordance with paragraph 3.2.4, Application Requirements.

A. Upon review of the application, the Planning Director or designee shall approve the sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit provided the sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. meets all requirements of this Ordinance, and all other applicable electrical and North Carolina Building 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. Code requirements.

B. Signs 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 installed in accordance with the approved sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit within one year of the date of official permit approval or the permit shall expire and require a new sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit application and approval. The Planning Director or designee may extend the validity of the sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit with documentation that a good faith effort is being made to install and receive final approval of the subject sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign.(s).

A. The applicant shall request an inspection after installation of the signs 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..

B. If the signs 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. are found to be in compliance, the applicant shall receive a permanent seal which identifies the sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign.. The applicant shall attach the identification in a conspicuous location which is accessible to the Planning Director or designee. It is recommended that businesses place the permit in a lower corner of the front door of the business in those cases where the seal is not affixed to the sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign..

C. The sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit shall be null and void if sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. installation is not completed within six months or the signs 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. are not in conformance with the approved application.

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

A temporary sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit shall be issued in accordance with Article 11, Signs. A common signage plan A plan delineating unifying characteristics for signs associated with a development project or complex. pursuant to Sec. 3.11, Common and Way-Finding Signage Plans, shall not be required for applications for temporary sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permits.

The sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit shall be revoked if a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. is found to be in violation 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. of the requirements of this Ordinance, or other applicable electrical and North Carolina State Building 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. Code requirements.

Final action on a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit can be appealed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. in accordance with Sec. 3.15, Appeal of Administrative Decision.

A. A common signage plan A plan delineating unifying characteristics for signs associated with a development project or complex. is required for all signs 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. for one or more buildings or businesses within a unified development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. complex, as demonstrated through a development plan 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. or approved site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development.(s), even if the property is subdivided and has various owners Any person having charge of any real property according to the records held by the Register of Deeds..

1. Approval of a common signage plan A plan delineating unifying characteristics for signs associated with a development project or complex. is required prior to the issuance of a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit.

2. Internally-oriented signs 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. not visible from the public right-of-way 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. shall not be required to be included in a common signage plan A plan delineating unifying characteristics for signs associated with a development project or complex..

3. Applications for temporary sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permits shall not be required to submit an approved common signage plan A plan delineating unifying characteristics for signs associated with a development project or complex..

4. Common signage plans A plan delineating unifying characteristics for signs associated with a development project or complex. are not required in UC, UC-2, and Design districts and in a local Historic Districts Overlay. (County Only) Common signage plans A plan delineating unifying characteristics for signs associated with a development project or complex. are not required in the SRP-C District.

B. A way-finding signage plan A plan delineating unifying characteristics for way-finding signs associated within a development project or complex. is required to allow signs 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. pursuant to paragraph 11.6.2A.9, Way-Finding Signs.

1. Approval of a way-finding signage plan A plan delineating unifying characteristics for way-finding signs associated within a development project or complex. is required prior to the issuance of a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit.

2. A way-finding signage plan A plan delineating unifying characteristics for way-finding signs associated within a development project or complex. can be approved separately, or as part of, a common signage plan A plan delineating unifying characteristics for signs associated with a development project or complex..

3. Internally-oriented signs 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. not visible from the public right-of-way 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. shall not be required to be included in a way-finding signage plan A plan delineating unifying characteristics for way-finding signs associated within a development project or complex..

4. (County Only) Way-finding signage plans A plan delineating unifying characteristics for way-finding signs associated within a development project or complex. are not required in the SRP-C District.

A. The elements of common and way-finding signage plans A plan delineating unifying characteristics for way-finding signs associated within a development project or complex. shall be in accordance with Sec. 11.8, Elements of Common and Way-Finding Signage Plans.

B. Common and way-finding signage plan A plan delineating unifying characteristics for way-finding signs associated within a development project or complex. applications shall be submitted in accordance with paragraph 3.2.4, Application Requirements.

C. Additional requirements are listed in Sec. 11.7, Landmark Signs.

A. The Planning Director, or designee, is the approving authority for common and way-finding signage plans A plan delineating unifying characteristics for way-finding signs associated within a development project or complex..

B. The Planning Director, or designee, may allow modifications to the lettering style of a common signage plan A plan delineating unifying characteristics for signs associated with a development project or complex. to accommodate state and federally registered trademarks (logos) if the Planning Director, or designee, determines that the intent of the common signage plan A plan delineating unifying characteristics for signs associated with a development project or complex. requirements shall be maintained. In allowing the modifications, the Planning Director, or designee, may limit the logo size.

C. Minor alterations in sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. locations resulting from unexpected conditions on the site may be approved by the Planning Director, or designee.

A. Revisions or amendments to a common signage plan A plan delineating unifying characteristics for signs associated with a development project or complex. shall require documentation of notification to all owners Any person having charge of any real property according to the records held by the Register of Deeds. and tenants on the property prior to approval. The notification shall indicate the proposed changes and shall be mailed between 10 to 25 days prior to application submittal.

B. Signs 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. erected after September 1, 1989, and subsequently made nonconforming because of an amendment to a common signage plan A plan delineating unifying characteristics for signs associated with a development project or complex. shall be brought into compliance with the amended plan within six months of approval of the amended plan.

Final action on a common or way-finding signage plan A plan delineating unifying characteristics for way-finding signs associated within a development project or complex. can be appealed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. in accordance with Sec. 3.15, Appeal of Administrative Decision.

A. Temporary uses occurring on property outside of the public right-of-way 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. shall be allowed upon the issuance of a temporary use permit, except as set forth in, Sec. 5.5, Temporary Uses.

Commentary:   Standards for specific uses are included in Sec. 5.5, Temporary Uses.

B. The provisions of this section shall not apply to temporary uses occurring within the public right-of-way 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..

Commentary:   For further details on temporary uses occurring within the public right-of-way 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. see the applicable City or County Code.

A temporary use permit application shall be submitted in accordance with paragraph 3.2.4, Application Requirements.

A. After receiving the application, the Planning Director or designee shall have up to 30 days to review the application.

B. Upon hearing recommendations from all appropriate departments, the Planning Director or designee shall approve the issuance of a temporary use permit subject to the following:

1. No lighting or electrical service shall be provided without an electrical permit;

2. No temporary use structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be erected without a building permit A permit issued by the Inspections Department in conformance with the State Building Code.;

3. No temporary use structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. fire lanes or pedestrian or vehicular access;

4. The site of the temporary use shall be cleared of all debris at the end of the temporary use. All temporary structures shall be cleared from the site within five days after the use is terminated;

5. Written permission of the property owner Any person having charge of any real property according to the records held by the Register of Deeds. for the temporary use shall be provided;

6. Adequate parking shall be provided, considering both the required parking for other uses and the parking for the proposed temporary use;

7. Adequate traffic control measures shall be provided;

8. Required landscaped and vegetated areas remain undisturbed;