Sec. 10.2.8. Site Plan Review

Sec. 10.2.8. Site Plan Review aaron.sheppard… Wed, 05/24/2023 - 09:28

Applicability
1. A site plan is required for the construction, reconstruction, extension, repair, renovation or alteration of any building, structure, parking facility, change of use or use of land, not otherwise approved as a zoning permit. A site plan application shall be submitted to and approved by the City in accordance with the provisions of this section.
2. Site plan applications fall under one of the three tiers. The tier category indicates which UDO provisions shall be applicable in the review and approval of a specific site plan application. If a site plan application meets the qualifications of multiple tier categories, the more restrictive tier category shall apply.
3. A zoning or other permit may be required for activities regulated by this UDO, not described as site plan.
4. Establishment of a new use on a vacant property is a Tier Three Site Plan except for 10.2.8.B.1.a.iv, v, vi, viii, xiii, and xv, and 10.2.8.B.2.a.iii and v.

Site Plan Tier Categories

Tier One Site Plans
1. Description – A Tier One Site Plan is required to comply with the regulations noted in See Table of Applicable Standards in Sec. 10.2.8.B.4. for any of the following types of improvements:
  1. The construction, reconstruction, addition, repair, alteration, demolition, and or replacement of any building, structure, or parking facility where the increase of square footage is no greater than 4,000 square feet or 10% of the existing square footage, whichever is greater.
  2. A change of use, excluding those that qualify as a Miscellaneous Zoning Permit, of a gross floor area of 10,000 square feet or less in an existing building.
  3. A change of use, excluding those that qualify as a Miscellaneous Zoning Permit, where the Site Plan Group as shown in Sec. 7.1.2.C, remains in the same group or decreases from:
    Group C to any other group or
    Group B to Group A.
  4. Construction of new commercial parking lot or reuse of an existing parking lot as a principal use up to 25 spaces.
  5. The construction, reconstruction, addition, repair, alteration, demolition, and or replacement of a building having a cumulative gross floor area of 10,000 square feet or less, with civic use as its principal use.
  6. The construction, reconstruction, addition, repair, alteration, demolition, and or replacement of public parks, Open space and Greenways and associated uses per 6.3.2.
  7. An addition of up to 25 parking spaces or a 25% expansion whichever is greater, to an existing parking surface or parking facility that is not required parking as determined in Article 7.1 or is unrelated to an improvement described in subsection B.1.a.i. above.
  8. The construction of an accessory structure in accordance with Article 6.7.
  9. Tree removal, except a minor tree removal activity, in accordance with 9.1.10.
  10. The construction of a gazebo, carport, home swimming pool, deck, patio, terrace, stoop, porch, or other improvements listed under Section 1.5.4.D.
  11. The construction of a telecommunication tower.
  12. The expansion of existing parking surfaces and driveways for one and two unit living dwellings.
  13. The construction of a detached, tiny house, or attached building type used for one or two unit living as defined in Section 6.2.1. including additions, reconstruction, addition or renovation for a live-work use, or an accessory structure located on any vacant lot that was lawfully established.
  14. The construction of an accessory dwelling unit.
  15. The establishment of a community garden.
  16. The expansion of a government owned and/or operated water/ wastewater treatment plant.
2. Application of UDO Standards. See Table of Applicable Standards in Sec. 10.2.8.B.4. In the event of conflict with other provisions of the code, the Table of Applicable Standards shall control. If there are additional UDO provisions which apply to a site plan application which are not covered by this Table, compliance with those provisions is still required.
3. No approval of a Tier 1 site plan shall be conditioned to require public improvements, tree conservation, amenity area, open space, drainage, utility dedication, neighborhood transitions, or 40% forestation unless specifically otherwise stated in Table of Applicable Standards in Sec. 10.2.8.B.4.
4. No approval of a Tier 1 site plan shall locate structures in an area designated for future right of way per the Raleigh Street Type Plan.
5. The Public Notice described in Sec. 10.2.8.C.1. shall not apply to Tier 1 site plans.
Tier Two Site Plans
1. Description – A Tier Two Site Plan is required for any of the following types of improvements:
  1. The construction, reconstruction, addition, repair, alteration, demolition, or replacement of any building, structure, or parking facility where the increase in square footage is more than 4,000 square feet but less than 10,000 square feet or more than 10%, but less than 25% of the existing square footage, whichever is greater.
  2. A change in use, excluding those that qualify as a Miscellaneous Zoning Permit, of a gross floor area of more than 10,000 square feet and less than 25,000 square feet in an existing building excluding a change of use where the Site Plan Group, as shown in Section 7.1.2.C, remains in the same group or decreases from:
    
    Group C to any other group or
    Group B to Group A
  3. The construction, reconstruction, addition, repair, alteration, demolition, and or replacement of a building having a cumulative gross floor area of 10,000 square feet or less, with civic use as its principal use, except for schools and places of worship.
  4. An addition of more than 25 parking spaces or 25%, whichever is greater, and up to 50 parking spaces or a 50% expansion whichever is greater, to an existing parking surface or parking facility that is not required parking as determined in Article 7.1 or is unrelated to an improvement described in subsection B.2.a.i. above.
  5. New commercial parking lot or reuse of an existing parking lot as a principal use greater than 25 spaces and no more than 50 spaces.
2. Application of UDO Standards. See Table of Applicable Standards in Sec. 10.2.8.B.4. In the event of conflict with other provisions of the code, the Table of Applicable Standards shall control. If there are additional UDO provisions which apply to a site plan application which are not covered by this Table, compliance with those provisions is still required.
3. No approval of a Tier 2 site plan shall be conditioned to require public right of way dedication or improvements unless specifically otherwise stated in Table of Applicable Standards in Sec. 10.2.8.B.4.
4. No approval of a Tier 2 site plan shall locate improvements in an area designated for future right of way per the Raleigh Street Type Plan.
Tier Three Site Plans
1. Description – A Tier Three Site Plan is required for all improvements not categorized as a Tier One or Tier Two Site Plan.
2. Application of UDO Standards. See Table of Applicable Standards in Sec. 10.2.8.B.4. If there are additional UDO provisions which apply to a site plan application which are not covered by this Table, compliance with those provisions is still required.
3. Establishment of a new use on a vacant property is a Tier Three Site Plan

Table of Applicable Standards

Standard	UDO Sections	Tier 1	Tier 2	Tier 3
Amenity	Sec. 1.5.3; 7.2.6	--	e	•
Setbacks	Chapters 2, 3	a, d	a, d	•
Build-To	Chapters 1, 2, 3	a, d	a, d	•
Height	Chapters 1, 2, 3, 4, 5, 6, 7, 11	a, d	a, d	•
Pedestrian Access	Chapters, 1, 2, 3, 4, 7, 8, 10	a, d	a, d	•
Transparency	Chapters 1, 3, 7	a, d	a, d	•
Blank Wall	1.1.11.; 1.5.10; Chapter 3	a, d	a, d	•
Ground Floor Elevation	Chapters 1, 2, 3	a, d	a, d	•
Parking Setbacks	Chapters 1, 2, 3, 4, 5, 6	a	a	•
Transition	Chapters 2, 3, 4, 5, 6	--	a, c	•
Landscaping	Chapters 5, 6, 7	g	•	•
Protective Yard	Chapters 2, 3, 4, 5, 6, 7, 8	•	•	•
Parking	Chapters 3, 4, 5, 6, 7	•	•	•
Parking Structure Design and Screening	Chapters 3 and 7	a, d	a, d	•
Lighting	Chapters 3, 4, 5, 6, 7, 10	a, d	a, d	•
Site Access	Chapter 8	a, d	a, d	•
Driveway	Chapters 1, 2, 3, 5, 6, 7, 8, 9	a, d	a, d	•
Signage	Chapters 6, 7, 10	a	a	a
Tree Conservation/Preservation	Article 9.1	--	•	•
Forestation	9.1.9	c	c	•
Stormwater	9.2	•	•	•
Public Improvements
Right of way dedication	Chapter 8	--	--	•
Road widening/construction/utilities	Chapter 8	f	f	•
Curb and gutter	Chapter 8	--	--	•
Sidewalk	Chapter 8	b	b	•
Tree lawn/Street trees	Chapter 8	b	b	•
Transit infrastructure	Article 8.11	--	c	•
Bus Shelter	Article 8.11	--	c	•
Key: -- = Not Applicable • = Applicable Footnotes: a - Not applicable to the existing improvements on the site at the time of site plan review. b - Required only when the site is located in the DX district or subject to an urban frontage. c - Not applicable to a change in use of an existing building[s]. d - Applicable if demolition and reconstruction of an entire structure is proposed. e - Applicable to establishing a civic use on vacant property and any Tier One or Two Site Plan involving the total demolition of all buildings on site, excluding like-for-like reconstruction. f - Art. 8.7 Utilities is applicable if the development is voluntarily connecting to city water or city sewer for the first time. g - Screening requirements as described in Sec. 7.2.5 and Sec. 7.2.6 are applicable.

Pre-Application Conference
Before submitting an application for site plan review, an applicant may schedule a pre-application conference with the City to discuss the procedures, standards and regulations required for approval.
Approval Process
1. Site Review
  1. An application for site review approval shall be submitted in accordance with Sec. 10.2.1.B. The following forms must be filled out completely in order to process an application for site review approval:
    1. Site Review Application;
    2. Site Review Checklist; and
    3. Design alternate requests (see Sec. 10.2.17.)
  2. The City shall complete the site review in accordance with Sec. 10.2.8.B. above and notify the applicant of nonconformities, omissions or required corrections. If the site review plan is disapproved, the reasons for such disapproval shall be stated in writing, specifying the provisions of the UDO with which the site review plan does not comply. A revised site review plan may be submitted to the City for further consideration.
  3. Following site review, Development Services shall approve, approve with conditions that bring the site review plan into conformance with this UDO and other applicable technical requirements of the City or deny the site review plan. Development Services shall keep written records of any action taken.
  4. Beginning the day of issuance of a zoning permit or site permit by the property owner or the next working day, mailed notice shall be required pursuant to Sec. 10.2.1.C.1. and a sign shall be posted by the property owner on the property for 30 consecutive days pursuant to Sec. 10.2.1.C.4. for the following administrative approvals:
    1. Where the new building is 25,000 square feet or more in size or any addition that represents an increase of more than 10% of the building area or 25,000 square feet whichever is greater; and
    2. Where the property of the approved administrative site plan is located within 100 feet of a property that is zoned R-1, R-2, R-4, R-6 or R-10.
  5. Notice of a decision on an administratively reviewed site plan shall be provided within 3 days following the date the application was decided, as set forth in Sec. 10.2.1.C.6.
  6. An appeal as set forth in Sec. 10.2.11. shall be filed by persons within 30 days of permit issuance or when a permit is not issued, the decision of approval or denial; this time period is applicable to all representatives of such persons, including without limitation their tenants and option holders.
  7. Upon acceptance of a completed application, the Development Services Director will provide mailed notice to the State of North Carolina for any site plan located within the Metro-Park Overlay District.
2. Infrastructure Construction Plans
  1. An application for construction drawing approval shall be submitted in accordance with Sec. 10.2.1.B. The following forms must be filled out completely in order to process an application for construction drawing approval:
    1. Infrastructure Construction Plan Application;
    2. A Phasing plan in accordance with the standards of Sec. 10.2.5.E.7.;
    3. If applicable, a Waiver Request is filed; and
    4. If applicable, an Administrative Design Adjustment request is filed.
  2. After an application has been determined complete, the City shall review the request in accordance with the provisions of this UDO.
  3. No construction of development-related improvements shall commence until all required construction drawing plans, profiles and specifications have been reviewed and approved by the City or other governmental approving agency and all necessary permits issued.
  4. In reviewing the infrastructure construction plan, Development Services shall consult with the Public Utilities, City Planning, Engineering Services, Parks and Cultural Resources, Transportation and Fire Departments to review the infrastructure construction plan against the requirements of this UDO and other applicable technical requirements of the City. The collective review shall consider the adequacy of public facilities, as described in Article 8.2. Infrastructure Sufficiency.
  5. Following review, Development Services shall approve, approve with conditions that bring the infrastructure construction plan into conformance with requirements of this UDO and other applicable technical requirements of the City,or deny the infrastructure construction plan. Development Services Director shall keep written records of any action taken.
3. Building Review
  1. An application for building or construction permit issuance shall be submitted to Development Services in accordance with Sec. 11.2.1.B.
  2. A Permit Application must be filled out completely in order to process an application for building review.
  3. No building or construction permit shall be issued for development requiring a site plan until the site review has been approved.
  4. No review of building or construction plans shall occur until a copy of the approved site review plan conforming to all conditions of approval has been received by Development Services or the Board of Adjustment has granted a variance authorizing the use of a non-complying site plan element.
  5. In reviewing the building permit application, the Development Services Department shall consult with the Public Utilities, City Planning, Engineering Services, Transportation, Parks and Cultural Resources and Fire Departments to check the proposed building plans against the requirements of this UDO and other applicable technical requirements of the City.
  6. The Development Services shall complete the review of the building plans and notify the applicant of nonconformities, omissions or required corrections. If the building plans are disapproved, the reasons for such disapproval shall be stated in writing, specifying the provisions of this UDO and other applicable technical requirements of the City with which the building plans do not comply. Revised building plans may be submitted to the Development Services for further consideration.
  7. Following building review, the Development Services shall approve, approve with conditions that bring the building plans into conformance with this UDO and other applicable technical requirements of the City or deny the building plans. The Development Services shall keep written records of any action taken.
  8. Prior to the issuance of any building or construction permit for the site, the applicant shall have installed all required improvements as specified in Chapter 8. Subdivision & Site Plan Standards or guaranteed their installation as provided in Sec. 8.1.3.
  9. An issued building permit expires 6 months after the date of issuance if the work authorized by the permit has not commenced. If after commencement, the work is discontinued for a period of 12 months, the permit shall immediately expire. No work authorized by any permit that has expired shall be performed until a new permit has been obtained.
  10. The approval process for site plans of infrastructure construction plans, final site and building review may at the option of the applicant be done sequentially as listed or combined all in 1 review process or in 2 different review processes provided that order of these processes are not reversed.
Modifications to an Approved Site Plan
After a site plan has been approved, no deviations shall be made until written approval of the proposed changes or deviations has been obtained. Modifications are categorized as either minor or major and are reviewed pursuant to this section. Modifications shall be applicable as long as the approved site plan remains active under the sunset provisions of this UDO. At such time a site plan is no longer valid, a new site plan application is required.
1. Minor Modifications
  Modifications that can be made to an approved site plan (including plot plans approved prior to November 19, 2020), that meet the following are considered minor modifications and shall be administratively approved without additional notice:
  1. Up to a 15% increase or any decrease in gross floor area of any building;
  2. Up to a 15% reduction in the approved setbacks from exterior property lines for any approved structures on a site;
  3. Up to a 15% increase or any decrease in the number of dwelling units, rooming units, hotel rooms, or seats (in principal places of assembly);
  4. Up to a 15% increase in building height shown on the approved site plan, not to exceed the maximum height standards of Article 3.3;
  5. An increase in the number of parking spaces provided to accommodate any allowable expansion or change of use to comply with the parking requirements of Sec. 7.1.2, or any decrease in the number of provided parking spaces, so long as the reduction continues to comply with parking minimums or maximums;
  6. The relocation of parking areas, internal driveways or structures where such relocation occurs more than 50 feet from exterior property lines. But if the parking areas, internal driveways or structures were approved closer than 50 feet from exterior property lines in compliance with the UDO, the relocation may occur so long as it is no closer to the exterior property lines than where originally approved;
  7. Any decrease or an increase in the number of bedrooms within dwelling units of a building used for multi-unit living;
  8. Change in the edge or the curb treatment of private streets and parking areas, or paving materials;
  9. Minor alterations of other features onsite, provided the same general orientation, building relationships, setback patterns and landscaping is maintained including, the following and similar features:
    1. The elimination of any buildings or structures;
    2. Relocation or addition of walls, fences, or stairs;
    3. Relocation or addition of private sidewalks and pedestrian access points so long as the same degree of access is provided;
    4. Relocation or addition of hydrants, meter vaults, fire lines, standpipes, or grease traps;
    5. Relocation or addition of outdoor lighting;
    6. Relocation of public utility easements; and
    7. Relocation or addition of transit infrastructure;
  10. Change in exterior features of buildings including, but not limited to, the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size, color and scale of the building, and the type, color, style of all windows, doors, light fixtures, signs and other appurtenant fixtures. In the case of outdoor signs, exterior features shall be construed to mean style, material, size, color, and location of all such signs;
  11. Relocation of public utility line easements that do not involve relocation into CM zoning districts, TCA's protective yards, city easements or other buffer area shown on an approved site plan;
  12. Changes to, including the deletion of, any item or feature not required by the UDO, such as recreational facilities, materials of private sidewalks and ornamental plantings, shown on an approved site plan;
  13. A substitution or change of use(s) which:
    1. Is within the same use category (i.e. - Residential, Commercial, Industrial, Open);
    2. Uses the same building type;
    3. Does not require a Special Use Permit; and
    4. Does not trigger any use standard that would require any additional Transitional Protective Yards or where the Site Plan Group, as shown in Section 7.1.2.C, remains in the same group or decreases from:
      Group C to any other group
      Group B to Group A ;
2. Major Modifications
  Major modifications include all requested site plan revisions which are not minor. Major modifications shall be reviewed using the same review and approval process that was required for issuance of the original approval. Major modifications to a plot plan approved prior to November 19, 2020, shall be reviewed using the same review and approval process for Tier 1 site plans. However, in the event the site plan was approved using previously applicable quasi-judicial subjective standards, or by some other procedure with standards no longer available in this UDO, major modifications shall be allowed, if following a quasi-judicial hearing, the Planning Commission makes the following findings:
  1. The proposed modification complies with all applicable provisions of this UDO unless otherwise expressly modified in accordance with this UDO; however, that those portions of the previously approved site plan, not included in the modification request, need not comply with current UDO standards.
  2. The proposed modification complies with any applicable specific use standard listed in Chapter 6 without the granting of any variance to the specific use standard.
  3. The proposed modification is compatible with adjacent uses in terms of the location, scale, site design, hours of operation and operating characteristics.
  4. Any adverse impacts to the surrounding area resulting from the proposed modification in the affected area will be effectively mitigated or offset or the modification is denied.
  5. Access with respect to pedestrian, bicycle and automotive safety, traffic flow and emergency service is adequate; and
Expiration of a Site Plan
A building permit must be obtained from the Development Services within 3 years from the date of site plan approval. The site plan shall expire 3 years from the approval date of the site plan unless an applicant has been granted vested rights or unless a valid building permit has been issued by Development Services. One 2-year extension to submit a building permit shall be granted by the Development Services Director provided all of the following are met:
1. A written request for an extension has been made to the Development Services Director prior to the expiration period;
2. Unconstructed portions of the approved site plan conform to all ordinances, laws, City policies and provisions of the Comprehensive Plan and other City Council adopted plans in effect at the time of the requested extension;
3. Adjacent streets have not been reclassified the Comprehensive Plan;
4. The plan addresses the adequacy of public facilities and services such as stormwater, water and sewer lines, streets, fire, public safety and trash collection;
5. There shall only be 1 extension permitted, not to exceed a time period of 2 years from the date of receipt by the Development Services Director of the original written request for extension; and
6. Within 4 years after the issuance of the first building permit for the site plan, the construction of the entire site plan must be completed unless an applicant has been granted vested rights. Failure to complete construction within this specified time frame shall automatically void the approved site plan for which no building permits have been issued.

Unified Development Ordinance

Sec. 10.2.8. Site Plan Review