§ 23.12. Site plans.

(a)

The city council may require as part of its zoning regulations that a site plan be prepared, submitted, and approved prior to the issuance of any building permit for new construction, excluding renovation and repair of existing structures, and excluding accessory uses and their structures, unless the renovations and repairs and accessory uses shall cause an increase in the off-street parking requirement or a change in occupancy as occupancy is defined by the North Carolina State Building Code. Such ordinance shall specify the elements to be included in site plans submitted for approval in accordance with standards of the applicable ordinances; such elements may include, where appropriate, those relating to off-street parking, driveway access, internal circulation, screening, signs, landscaping, architectural features, locations and dimensions, topography and grading, utilities, drainage structures, open space and recreation areas, street and sidewalk improvements, loading and service areas, fire hydrants, and such other elements as may reasonably be related to the health, safety, and general welfare of the community. Where appropriate approval of site plans may be conditioned to include requirements that street and utility rights-of-way and recreational space be dedicated to or reserved for the public, or street, utility, or other improvements be made to the same extent as required by local subdivision regulations. The regulations may also provide for the payment in lieu of the dedication of property and rights-of-way or construction of improvements to the same extent as required by local land use regulations. This provision shall not apply to site plans for individual detached, single-and two-family units to be constructed on previously subdivided lots. This provision shall not apply to additions of less than five percent (5%) of gross floor area on an annual basis unless such addition causes an increase in the off-street parking requirement or a change in occupancy as occupancy is defined by the North Carolina State Building Code.

(b)

The city council shall prescribe procedures for review and approval of site plans to ensure that development of property shall conform to applicable zoning or other revelant [relevant] laws or regulations, with approvals by designated city staff. Appeal shall lie from the staff to the board of adjustment or the city council. The city council may require that site plans be in conformity with previously approved subdivision plans or conditional use permits for the same property. In the event of a conflict between a requirement for site plan approval and requirements for previously approved subdivision plans or special or conditional use permits, the latter shall control.

(Sess. Laws 1993, Ch. 318, § 1)