3.7.2 Applicability

All proposed development or changes of use, except as indicated below, shall be subject to the site plan review process. Development that is part of a common plan of development 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 review:

A. Single-family and two-family development on existing single lots of record.

B. Townhouse or detached rowhouse development 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 one acre in the Jordan Reservoir Watershed, 12,000 square feet in the Falls Reservoir Watershed, and one-half acre in the Neuse River Basin.

C. Accessory dwelling unit development 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 one acre in the Jordan Reservoir Watershed, 12,000 square feet in the Falls Reservoir Watershed, and one-half acre in the Neuse River Basin.

D. Development 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 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.

E. Development 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 require a certificate of appropriateness (COA) or a special use permit, a site plan 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 Section 3.22.

Development projects consisting only of public utility improvements within the public right-of-way, improvements to the public right-of-way (repairing, surfacing, striping, widening, stabilizing, landscaping), or other improvements in the right-of-way 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 application can be filed or site plan review can occur through another technical review by the City or County for that development project.

2. In local historic districts, a separate site plan application can be filed or site plan review can occur through review of the required COA application.