Unified Development Ordinance, 25th Supplement, December 2022

CHAPTER 10. ADMINISTRATION | Article 10.2. Review Procedures

b. 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. c. The proposed modification is compatible with adjacent uses in terms of the location, scale, site design, hours of operation and operating characteristics. d. 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. e. Access with respect to pedestrian, bicycle and automotive safety, traffic flow and emergency service is adequate; and F. 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.

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; k. 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; l. 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; m. A substitution or change of use(s) which: i. Is within the same use category (i.e. - Residential, Commercial, Industrial, Open); ii. Uses the same building type; iii. Does not require a Special Use Permit; and iv. Does not trigger any use standard that would require any additional Transitional ProtectiveYards 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: a. 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.

Supp. No. 25

10 – 42 Pub l i s hed De c embe r 2022

Pa r t 10 : Un i f i ed Deve l opmen t Or d i nanc e C i t y o f Ra l e i gh , No r t h Ca r o l i na