1. General Authority
   1. The City Council may exercise any and all powers prescribed by North Carolina general and local law, including the City Charter, and as described in this UDO and in the City Code.
   2. The City Council shall approve the rules of procedure and bylaws for all City Boards and Commissions.
   3. The City Council may adopt rules of ethics for all City Boards and Commissions.
2. Specific Approval Authority
   The City Council is responsible for final action regarding:
   1. Comprehensive Plan amendments;
   2. Text Amendments to this UDO;
   3. Rezonings;
   4. Historic landmark designations; and
   5. Amendments to floodprone area maps.

1. In General
   1. Establishment
      The Planning Commission is established and may exercise any and all powers prescribed by North Carolina general and local law, including the City Charter, and as described in this UDO and in the City Code, and perform duties as lawfully directed by the City Council.
   2. Composition
      1. The Planning Commission shall consist of 10 members.
      2. Nine members shall reside within the corporate limits of the City. The 9 members shall be appointed by the City Council for terms of no more than 2 years.
      3. One member shall reside outside the corporate limits of the City but reside within the limits of the extraterritorial jurisdiction of the City. This member shall be appointed by the Chairman and Board of Commissioners of Wake County for a term of no more than 2 years.
      4. Vacancies on the Planning Commission will be filled in the same manner and by the same governing body as the original appointment.
   3. Rules of Procedure
      1. The Planning Commission shall establish its own rules of procedure, subject to approval by the City Council.
      2. The rules, regulations, minutes and actions of the Planning Commission shall be maintained at the office of the City Clerk.
2. Specific Review Authority
   The Planning Commission is responsible for review and recommendation regarding:
   1. Rezonings
   2. Comprehensive Plan Amendments
   3. Text Changes
   4. Zoning Condition Text Changes (TCZ)
   5. Major modifications to development plans approved using previously applicable quasi-judicial subjective standards, or by some other procedure with standards no longer available in this UDO;
   6. Streetscape Plans; and
   7. Custom Signage Plans
3. Specific Approval Authority
   The Planning Commission (as designated by the City Council) is responsible for final action regarding:
   1. Design Alternates

1. In General
   1. Establishment
      The Board of Adjustment is established and may exercise any and all powers prescribed by North Carolina general and local law, including the City Charter, and as described in this UDO and in the City Code, and perform duties as lawfully directed by the City Council.
   2. Composition
      1. The Board of Adjustment shall consist of 5 regular members and 3 alternate members. Four of the regular members and 2 of the alternate members shall reside within the corporate limits of the City. They shall be appointed by the City Council for terms of 2 years.
      2. One of the regular members and one of the alternate members shall reside outside the corporate limits of the City but within the limits of the extraterritorial jurisdiction of the City. They shall be appointed by the Chairman and Board of Commissioners of Wake County.
      3. Vacancies on the Board of Adjustment will be filled in the same manner and by the same governing body as the original appointment.
      4. An alternate member whose place of residence is within the City’s corporate limits may vote on the Board of Adjustment only in the absence of a regular member residing within the City's corporate limits or the inability of the regular member to vote.
      5. The alternate member from the extraterritorial jurisdiction may vote only in the absence of the Board of Adjustment regular member from the extraterritorial jurisdiction or the inability of the regular member to vote.
      6. When serving on the Board of Adjustment, alternate members have the same powers and responsibility as the regular members they are replacing.
   3. Vote Required and Jurisdiction
      The concurring vote of 4/5 of the members of the Board of Adjustment is necessary to approve a variance request. All other matters may be approved by an affirmative vote of a simple majority.
   4. Rules of Procedures
      1. The Board of Adjustment shall establish its own rules of procedure, subject to approval by the City Council.
      2. The rules of procedure shall at minimum provide for selection of officers of the Board of Adjustment, responsibilities of Board of Adjustment members, order for the conduct of quasi-judicial public hearings and times for filing appeals and holding public hearings.
      3. The rules, regulations, minutes and actions of the Board of Adjustment shall be maintained at the office of the City Clerk.
2. Specific Approval Authority
   The Board of Adjustment is responsible for final action regarding:
   1. Special use permits;
   2. Variances;
   3. Appeals from administrative decisions; and
   4. Appeals from decisions or orders related to minimum housing code standards pursuant to the terms of Section 11.6.11.

1. In General
   1. Purpose
      1. The City is authorized by the North Carolina General Statutes to safeguard the heritage of the City by preserving any property or district that embodies important elements of its culture, history, architectural history or prehistory and to promote the use of and conservation of historic districts and historic landmarks for the education, pleasure and enrichment of the residents of the City and state as a whole.
      2. The purpose of the Historic Development Commission is to provide the organizational vehicle by which certain areas, structures, buildings and objects within the City's planning jurisdiction that have special significance in terms of history, prehistory, architecture, archaeology and culture and possess integrity of design, setting, materials, feeling and association may be preserved and protected.
   2. Composition
      1. The Historic Development Commission consists of 12 members, appointed by City Council for uniform overlapping 2-year terms.
      2. A majority of the members shall have demonstrated special interest, experience or education in history, architecture, archaeology or related fields.
      3. All members shall reside either within the City’s corporate limits or within its extraterritorial jurisdiction area.
      4. At least ¼ of the membership shall either reside or own property in a Historic Overlay District or that is designated as a Raleigh Historic Landmark.
      5. The Historic Development Commission may appoint advisory bodies and committees as appropriate.
      6. In event of a vacancy, the City Council shall appoint a new member within 60 days; members shall serve until their successors have been appointed.
   3. Rules of Procedure
      1. The Historic Development Commission may establish its own rules of procedure, subject to approval by the City Council.
      2. The rules of procedures shall at minimum provide for selection of the officers of the Commission, the time and place of its regular meetings which shall at least be held monthly, the calling of special meetings and the procedures for the conduct of public hearings and voting.
      3. The Historic Development Commission shall elect from its membership a chairperson and vice-chairperson, who shall serve for terms of 1 year, who shall be eligible for reelection and who shall have the right to vote. The chairperson shall preside over the Commission.
      4. In the absence or disability of the chairperson, the vice-chairperson shall perform the duties of the chairperson.
      5. The rules, regulations, minutes and actions of the Historic Development Commission shall be maintained as a separate document as a public record at the office of the Commission.
2. General Authority
   The powers of the Historic Development Commission are as follows.
   1. Undertake an inventory of properties of historical, prehistorical, architectural, archaeological or cultural significance.
   2. Recommend to the City Council districts or areas to be designated as a Historic Overlay District and recommend individual structures, buildings, sites, areas or objects to be designated as Historic Landmarks.
   3. Recommend to the City Council that designation of any area as a Historic Overlay District or part of a Historic Overlay District be revoked or removed for cause and recommend that designation of individual structures, buildings, sites, areas or objects as Historic Landmarks be revoked or removed for cause.
   4. Restore, preserve and operate historic properties.
   5. Conduct an educational program with respect to historic properties and districts within its jurisdiction.
   6. Cooperate with the State, Federal and local governments. The City Council or the Historic Development Commission, when authorized by the City Council, may contract with the State or the United States of America or any agency of either or with any other organization provided the terms are not inconsistent with State or Federal law.
   7. Request the advice and assistance of any officer or agency of the City Council with respect to any matter arising under its purview.
   8. Enter, solely in performance of its official duties and only at reasonable times, upon private land for examination or survey. However, no member, employee or agent of the Historic Development Commission may enter any private building or structure without either the express consent of the owner or occupant or authority of law.
   9. Conduct any meetings or hearings necessary to carry out the responsibilities of the Historic Development Commission.
   10. Acquire by any lawful means the fee or any lesser included property interest, including options to purchase, to properties within any established Historic Overlay District or to any properties designated as Historic Landmarks, to hold, manage, preserve, restore and improve the same and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions that will secure appropriate rights of public access and promote the preservation of the property. All lands, buildings or structures acquired by the Historic Development Commission from funds other than those appropriated by the City Council may be acquired and held in the name of the Historic Development Commission, the City or both.
   11. Recommend to the City Council acquisition of the fee or any lesser included property interest (including public access), preservation easements other covenants of historic property. The City Council may make appropriations and own such property under the following conditions:
       1. Acquisition. Within the limits of its jurisdiction for planning and regulation of development the City Council may acquire properties within Historic Overlay Districts and/or properties designated as Historic Landmarks. In the event the property is acquired but is not used for some other governmental purpose, it shall be deemed to be “museum” under the provisions of General Statutes notwithstanding the fact that the property may be or remain in private use, so long as the property is made reasonably accessible to and open for visitation by the general public;
       2. Ownership. All lands, buildings, structures, sites, areas or objects acquired by funds appropriated by the City Council shall be acquired in the name of the City unless otherwise provided by the City Council. So long as owned by the City, historic properties may be maintained by or under the supervision and control of the City; and
       3. Negotiate at any time with the owner of a building, structure, site, area or object for its acquisition or its preservation, when such action is reasonably necessary or appropriate.
   12. Take steps, during the period of postponement of demolition of any Historic Landmark or property within a Historic Overlay District, to ascertain what the City Council can or may do to preserve such property, including consultation with private civic groups, interested private citizens and other public boards or agencies and including investigation of potential acquisition by the City Council when the preservation of a given historic property is clearly in the interest of the general welfare of the community and such property is of certain historic and architectural significance.
   13. Propose to the City Council changes to the Historic Overlay District regulations or any other ordinance and propose new ordinances or laws relating to Historic Landmarks and the Historic Overlay District or relating to a total program for the protection or development of the historic resources of the City.
   14. Study and recommend to the City Council means by which historic preservation efforts can be coordinated and strengthened.
   15. Study and recommend revisions to the Historic Preservation Element of the Comprehensive Plan.
   16. Review and act upon proposals for restoration, alteration, reconstruction, relocation, demolition or new construction within a Historic Overlay District, pursuant to procedures established in this UDO and for proposals for alteration, reconstruction, restoration, relocation, new construction or demolition of designated Historic Landmarks outside a Historic Overlay District, pursuant to procedures outlined in this UDO. Report violations of Historic Landmark and Historic Overlay District regulations or other ordinances affecting Historic Landmarks and properties within Historic Overlay Districts, to the appropriate enforcement agency.
   17. Accept funds to be used for preservation purposes that are granted to the Historic Development Commission by private individuals, organizations and local governing bodies.
   18. Receive appropriations as may be made to the Historic Development Commission by the City Council.
   19. City Planning shall provide such technical, administrative and clerical assistance as required by the Historic Development Commission.
3. Specific Review Authority
   1. The Historic Development Commission is responsible for review and recommendation regarding:
      1. Historic district rezoning; and
      2. Historic landmark designation.
   2. The Historic Development Commission is responsible for review regarding Non-Subdivision Final Plat and Recorded Instruments.
4. Specific Approval Authority
   The Historic Development Commission is responsible for final action regarding:
   1. Certificates of appropriateness that are subject to summary proceedings or to a quasi-judicial evidentiary hearing; and
   2. Subdivision approvals in a Historic Overlay District or for a designated Historic Landmark. These decisions are subject to a quasi-judicial evidentiary hearing.

1. In General

   1. Establishment
      The Design Review Commission is the appearance commission established pursuant to N.C.G.S. § 160D-304 to exercise any and all powers prescribed by North Carolina general and local law under N.C. Gen. Stat. Chapter 160D, Article 9, Part 5, including the City Charter, and to perform duties as lawfully directed by the City Council. When acting as a quasi-judicial board, the Design Review Commission preforms the quasi-judicial duties of the Planning Commission, as lawfully directed by the City Council, pursuant to N.C.G.S. § 160D-301 and §160D-705.

   2. Composition
      1. Except as provided in Sec. 10.1.5.A.2.b., the Design Review Commission shall be composed of 15 members who shall reside either within the City corporate limits or within the extraterritorial jurisdiction of the City; however, at least one member shall reside outside of the City corporate limits, but within the extraterritorial jurisdiction of the City.
      2. When the Design Review Commission is performing the quasi-judicial duties of the Planning Commission, it shall be composed of 9 regular members and 6 alternate members, as appointed by the City Council. At least one regular member shall reside outside of the City corporate limits, but within the extraterritorial jurisdiction of the City.
      3. Members of the Design Review Commission residing within the City corporate limits, including those designated as alternates, shall be appointed by the City Council. Members of the Design Review Commission residing outside the City corporate limits, but within the extraterritorial jurisdiction of the City, including those designated as alternates, shall be appointed by the Board of Commissioners of Wake County. Each member shall be appointed for a term of 2 years.
      4. Where possible, appointments to the Design Review Commission shall be made in such manner as to maintain a majority of members with special training or experience in a field of design such as architecture, landscape design, horticulture, city planning, urban design or a closely-related field.
      5. Vacancies on the Design Review Commission will be filled in the same manner and by the same governing body as the original appointment.
      6. When the Design Review Commission is performing the quasi-judicial duties of the Planning Commission, alternate members so serving have the same powers and responsibility as the regular members they are replacing.
   3. Rules of Procedure
      1. The Design Review Commission shall establish its own rules of procedure, subject to approval by the City Council.
      2. The Design Review Commission shall, no later than April 15 of each year, submit to the City Council a written report of its activities, a statement of its expenditures to date for the current fiscal year and its requested budget for the next fiscal year. All accounts and funds of the Design Review Commission shall be administered in accordance with the requirements of all applicable State and local laws.
      3. The Design Review Commission may receive contributions from private agencies, foundations, organizations, individuals and the State or Federal government or any other source in addition to any sums appropriated for its use by the City Council. It may accept and disburse these funds for any purpose within the scope of its authority as specified in this section and under all applicable State and local laws.
      4. The rules, regulations, minutes and actions of the Design Review Commission shall be maintained by City Planning.
2. General Authority
   1. The Design Review Commission shall make a careful study of the visual aspects of the City and its planning and zoning jurisdiction and shall make plans and carry out programs that will enhance and improve the visual quality and aesthetic characteristics of such areas within the Design Review Commission's scope of the powers.
   2. The Design Review Commission may recommend to the City Council suitable arrangements for the procurement or provision of staff or technical services for the Commission and may establish an advisory council or other committee to aid it in its work.
3. Specific Review Authority
   The Design Review Commission when performing the review duties of the Planning Commission (as designated by City Council) is responsible for review and recommendation regarding:
   1. Streetscape Plans; and
   2. Custom Signage Plans
4. Specific Approval Authority
   The Design Review Commission when performing the quasi-judicial duties of the Planning Commission (as designated by the City Council) is responsible for final action regarding:
   1. Design Alternates

Meetings of the City Council and its Boards and Commissions are subject to all applicable requirements of the North Carolina open meetings law.

1. Delegation of Authority
   1. Planning Director
      1. The Planning Director serves as the administrator of this UDO unless otherwise stated.
      2. The Planning Director may designate any staff member as their designee in any function assigned by this UDO to the Department of City Planning; the Planning Director remains responsible for any action taken by their designee.
      3. The Planning Director is the administrative director of the Department of City Planning and has the authority to supervise all activities and decisions of the Department of City Planning.
   2. Development Services Director
      1. The Development Services Director may designate any staff member as their designee in any function assigned by this UDO to the Development Services Department; the Development Services Director remains responsible for any action taken by their designee.
      2. The Development Services Director is the administrative director of the Development Services Department and has the authority to supervise all activities and decisions of the Development Services Department.
2. General Authority
   1. Planning Director
      1. Administration and coordination of the City's Planning program, including liaison information and technical assistance to citizens, community groups, commissions and supervisions of planning studies and reports;
      2. Administration of the technical maintenance of this UDO;
      3. Assembling of data, preparation of maps, maintenance of a complete information system;
      4. Assistance in implementation of plans, studies and coordination of efforts dealing with environment, open space, urban design and historic preservation;
      5. Neighborhood studies and coordination with regard to housing and neighborhood planning;
      6. Assistance to other departments; and
      7. Urban design.
   2. Development Services Director
      1. Administration of land use controls through the review of development plans and permit review;
      2. Assistance to other departments; and
      3. Receive development plans, permit review, schedule inspection and issue permits.
3. Specific Review Authority
   1. Planning Director is responsible for review and recommendation unless otherwise noted regarding:
      1. Annexation petitions;
      2. Comprehensive Plan amendments;
      3. Text amendments;
      4. Rezonings (review only);
      5. Special Use Permits (review only);
      6. Variances (review only);
      7. Historic Landmark designations (review only),
      8. Major certificates of appropriateness (review only), and
      9. Design Alternates (review only).
   2. Development Services Director is responsible for review unless otherwise noted regarding;
      1. City Council approved subdivisions (review only);
      2. Subdivision waivers (review only);
4. Specific Approval Authority
   Subject to any right of appeal, the Planning Director or Development Services Director is responsible for final action regarding:
   1. Planning Director
      1. Minor certificate of appropriateness;
      2. [Reserved]
   2. Development Services Director
      1. Preliminary subdivision plans except for subdivision approvals, other than single unit living in the Metro-Park Overlay, subdivision approvals in any Historic District Overlay District or for a designated Historic Landmark or when a subdivision waiver is requested;
      2. Final subdivision plats;
      3. Zoning permit;
      4. Site plans; and
      5. Temporary use permits.

The following table summarizes the review and approval authority of the various review bodies with regard to this UDO.

KEY: R = Review RR = Review & Recommendation, D = Final Decision, A = Appeal, PH = Public Hearing, QH = Quasi-Judicial Public Hearing, JH = Joint Public Hearing with Historic Development Commission, Y = Required

(1) Historic Development Commission reviews applications in -HOD-G, -HOD-S or properties with Historic Landmarks.
(2) Staff to provide mailed notice to non-applicant property owners of proposed future land use map alterations in accordance with Comprehensive Plan.
(3) Published notice is only required for the Public Hearing.
(4) Planning Commission or Design Review Commission, performing the quasi-judicial duties of the Planning Commission (as designated by the City Council).
(5) Site posting and mailed notice provided only for written interpretations associated with a specific site plan or subdivision.
(6) Site posting is only required for Public Hearing in accordance with Sec. 10.2.1.C.4.
(7) Reserved

1. City Council
   A City Council member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this UDO where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A City Council member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
2. Appointed Boards and Commissions
   Members of appointed boards and commissions shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this UDO where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
3. Administrative Staff
   No staff member shall make a final decision on an administrative decision required by this UDO if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance. No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this UDO unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the local government.
4. Quasi-Judicial Decisions
   A member of any board exercising quasi-judicial functions pursuant to this UDO shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.
5. Resolution of Objection
   If an objection is raised to a council, board or commission member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the council, board or commission shall by majority vote rule on the objection.
6. Familial Relationship
   For purposes of this section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

1. Applicability
   The following requirements are common to many of the procedures contained in this UDO and apply to applications submitted under this Chapter. Additional details may be included for each specific procedure.
2. Application Requirements
   1. Initial Application Submittal
      All applications for development approval shall be submitted in accordance with the requirements of this UDO and shall be filed with the City.
   2. Forms
      Applications required under this UDO must be submitted, fully completed, on forms and in such numbers as required by the City. For required application forms, as may be found on the City’s web portal, see Sec. 10.2.2. through Sec. 10.2.18.
   3. Fees Schedule
      1. The City of Raleigh Fee Schedule is maintained by the Budget and Management Services Department and is updated annually, with fees to be effective the first day of the fiscal year, July 1. Except as otherwise provided within the City of Raleigh Fee Schedule, fee increases shall be based on the average annual prior calendar year United States Department of Labor Consumer Price Index - All Urban consumers and as may be modified from time to time by the City Council.
      2. Before review of an application, including applications for re-hearings, all filing fees must be paid in full. No refund of the fee or any part of the fee shall be made unless the application is withdrawn prior to a hearing.
      3. A fee shall not be required if the application is made by the City or any agency created and appointed by the City Council to perform governmental functions.
   4. Application Deadline
      Complete applications shall be submitted in accordance with the City’s filing calendar. A calendar indicating submittal dates shall be developed by the City each year and shall be maintained and updated by the City.
3. Public Notice Requirements
   For public notice, meeting and hearing requirements applicable to each procedure, see Sec. 10.1.8. Any defective notification of a required City procedure, not otherwise required by State or Federal law, does not invalidate the proceedings if the defect is determined to be harmless error by the City.
   1. Mailed Notice
      1. Whenever mailed notice is required by Sec. 10.1.8. or elsewhere in this UDO, at the time of submission of the application, the applicant shall deliver to the City first class stamped envelopes addressed to the property owners of the property included in the proposed application and the owners of all property within 100 feet on all sides of the subject property at the time of submittal. If a portion of a property is requested for rezoning, the notification radius shall be calculated from the property lines, and not the requested zoning boundary. For zoning map amendments, the mailing radius shall be increased to 500 feet. The mailing radius for neighborhood meetings is that set forth in Section 10.2.4.D. For zoning map amendments that directly affect more than 50 properties owned by a total of at least 50 different property owners, the applicant may elect to provide mailed notice of the Planning Commission public meeting by postcard instead of firstclass mail. Envelopes shall be provided, and notice given to non-owner tenants in accordance with subsection b.
      2. Mailed notice shall be provided to all property owners and tenants as reflected in the Wake County tax records at the time of submittal. Additionally, all property owners and tenants in the area of request shall receive mailed notice.
      3. Where the tax records reflect a mailing address for an owner of property under subsection a. to be different than the address of the property owned, then notification shall also be mailed to the address of the property itself. The applicant shall comply with the Section 10.2.1.C.1.a. requirements, except if the individual mailing addresses of tenants in any type multi-tenant properties are not readily available, the multi-tenant property shall be posted in accordance with Section 10.2.1.C.4(f).
      4. When mailed notice is required for pre-submittal public meetings, the applicant may provide to the City return receipts from the mailing notification by the applicant to the required property owners and tenants by certified mail, returned receipt requested.
      5. Mailed notices must be sent to the addressees at least 10 calendar days prior and not more than 25 calendar days prior to the date of any public meeting.
      6. Except as otherwise directed by the City Council, the City Board or Commission reviewing the matter shall not require additional notification.
      7. For zoning map amendments that directly affect more than 50 properties owned by a total of at least 50 different property owners, the City may elect to forego mailed notice and instead give notice of the public hearing by publication provided that the newspaper advertisement is not less than ½ of a newspaper page in size. Property owners who reside outside of the newspaper circulation area, according to the addresses listed in the most recent property tax listing for the affected properties, shall be notified by first class mail.
      8. Except for a City-initiated zoning map amendment, when an application is filed to request a zoning map amendment and that application is not made by the owner of the parcel of land to which the amendment would apply, the applicant shall certify to the City Council that the owner of the parcel of land, as shown on the county tax listing, has received actual notice of the proposed amendment and a copy of the notice of public hearing. The applicant shall certify to the City Council that proper notice has been provided in fact and such certification shall be deemed conclusive in the absence of fraud. Actual notice shall be achieved as follows:
         1. Actual notice of the proposed amendment and a copy of the notice of public hearing shall be by any manner permitted under N.C. Gen. Stat. §1A-1, Rule 4(j).
         2. If notice with due diligence cannot be achieved by personal delivery, registered or certified mail or by a designated delivery service, notice may be given by publication consistent with N.C. Gen. Stat. §1A-1, Rule 4(j1). (See N.C. Gen. Stat. §160D-601).
      9. For quasi-judicial hearings, mailed notice shall be provided to all other persons with an ownership interest in the subject property as set forth in all applicable State and local laws.
   2. Published Notice
      1. When published notice is required, notice of the public hearing shall be published by the City at least once in a newspaper having general circulation in the City not more than 25 or less than 10 calendar days prior to the date of the public hearing.
      2. In the case of any ordinance adopting, amending or repealing any provision of this UDO, including zoning map amendments, notice of a public hearing shall be published once a week in a newspaper having general circulation within the City for 2 successive calendar weeks.
      3. In determining the time period, the day of publication is not to be included but the day of the hearing shall be included.
   3. Web Notice
      1. When web notice is required, notice shall be posted on the City’s web portal within 5 business days following acceptance of a complete application; required web notice of the decision shall be posted on the City’s web portal no later than 3 business days from the date of decision.
      2. When web notice of any public meeting is required, notice of the public meeting shall be posted on the City’s web portal not less than 10 calendar days prior to the date of the public hearing.
      3. In determining the time period, the day of posting on the City’s web portal is not to be included but the day of the hearing shall be included.
   4. Posted Notice
      1. When posted notice of any public meeting is required, signage shall be posted by the City on the property at a point visible from the nearest public street or streets if the property fronts on multiple streets.
      2. In the case of multiple parcels, a posting on each individual parcel is not required, but sufficient signage shall be posted to provide reasonable notice to interested persons.
      3. The sign shall not measure less than 18 inches x 24 inches, and constructed of durable materials sufficient to withstand the effects of weather. Signage shall be posted at least 10 calendar days prior to the date of the public meeting.
      4. The posted sign shall be returned to the City by the applicant either at the public meeting or within 3 business days following the public meeting.
      5. Posted notice shall not be required for Planning Commission meetings for zoning map amendments that directly affect more than 50 properties owned by a total of at least 50 different property owners.
      6. When multi-tenant properties are required to be posted pursuant to Sec. 10.2.1.C.1. b., signage shall be posted by the applicant, and shall comply with the following:
         1. Signage shall be posted in the right-of-way immediately adjacent to the multi-tenant property at a conspicuous location visible from the nearest public street or streets if the property fronts on multiple streets.
         2. The sign shall not measure less than 18 inches x 24 inches, and constructed of durable materials sufficient to withstand the effects of weather. Signage shall be posted at least 10 calendar days prior to the date of the meeting.
         3. The content of the required posted notice shall be as follows:
            1. a case number (if one has been assigned);
            2. a description of application type;
            3. the address to the City's web portal where more information about the application can be obtained; and
            4. a phone number and email to contact the Applicant.
         4. The Applicant shall provide the City with documentation (photo and attestation as to date of posting) establishing compliance with the posting requirements of this subsection.
   5. Content of Notice
      1. Published, Web or Mailed Notice
         The content of required published, web or mailed notice shall be as follows:
         1. A case number;
         2. The address or Parcel Identification Number of the subject property (if available). Zoning map amendments that directly affect more than 50 properties owned by a total of at least 50 different property owners are exempted from this specific content requirement.
         3. The general location of the land that is the subject of the application, which may include a location map;
         4. A description of the action requested and nature of the questions involved;
         5. The time, date and location of the public hearing, public meeting or the neighborhood meeting if applicable and the name of the reviewing body;
         6. A phone number and e-mail address to contact the City;
         7. The address for the City’s web portal;
         8. A statement that persons may appear at the public hearing, public meeting or at the neighborhood meeting if applicable or make written comments to the City as applicable; and a statement that more specific information is available at the City.
      2. Posted Notice
         Required posted notice of a public meeting or public hearing shall provide at least the following:
         1. A case number;
         2. A description of the action requested;
         3. The address for the City’s web portal; and
         4. A phone number and e-mail address to contact the City.
   6. Notice of Decision
      1. Except when notice is provided by permit issuance, notice of decision shall provide at least the following:
         1. A case number;
         2. The address of the subject property (if available and relevant);
         3. The general location of the land (if relevant) that was the subject of the application, which may include a location map;
         4. A description of the application;
         5. The date the application was decided;
         6. A description of whether the application was approved, approved with conditions or denied;
         7. A phone number and e-mail address to contact the City; and
         8. The address for the City’s web portal.
      2. Unless otherwise stated by general law, this UDO or by the rules of procedure adopted by the applicable reviewing body, within 10 business days following the effective date of a decision, a copy of the decision shall be sent by either electronic notification or first class mailing to the applicant and the property owner (if the property owner is not the applicant) and filed with the City, where it shall be made available for public inspection during regular office hours. In the case of permit issuance, receipt of the permit by the applicant, contractor, property owner or their representative shall constitute written notice of the decision.
      3. In the case of a quasi-judicial decision, notice of the decision shall also be given to the applicant, the property owner (if the property owner is not the applicant) and each person who has filed a written request for notice with the presiding officer or secretary of the reviewing body (if any) at the time of the hearing of the case, with such notice to be delivered to the requesting party by either personal service or by registered mail or certified mail, return receipt requested.
4. Additional Requirements
   1. Quasi-Judicial Public Hearing Requirements
      For notice and hearing requirements applicable to each quasi-judicial procedure see Sec. 10.1.8.
      1. Rules of Procedure
         1. In all quasi-judicial hearings, rulings must be based only upon the evidence received by the reviewing body at the hearing.
         2. The review body shall act as an impartial decision-maker. See Sec. 10.1.9.D. for additional requirements of an impartial decision maker.
         3. The reviewing body shall act as a fact-finding body and shall approve or disapprove the application in accordance with the evidence presented before it which is substantial, competent, relevant and material.
         4. The burden of proof is upon the party who files the application and if the party fails to meet its burden, the reviewing body shall deny the request.
      2. Conduct of Hearing
         1. The presiding officer of the reviewing body shall call the proceedings to order and announce that the hearing has begun.
         2. All witnesses who are to testify at the hearing shall be sworn in.
         3. The City's officer shall briefly describe the applicant’s request, introduce and review all relevant City Code provisions and answer questions from the reviewing body.
         4. The applicant (if acting in a pro se capacity) or their legal counsel shall present the case in support of its application.
         5. Parties in interest, including the City, shall have the right to present evidence and cross-examine witnesses, as to any competent, material and relevant facts, inspect documents and make oral argument.
         6. Counsel for the reviewing body may advise the reviewing body as to the applicable law and the findings of fact that must be made to approve or deny the request.
         7. The reviewing body shall conduct open deliberation of the application. The presiding officer of the reviewing body shall have the discretion to reopen proceedings for additional testimony or argument by the parties when the reviewing body determines that a decision cannot be made with the testimony at hand.
         8. Reasonable and appropriate conditions and safeguards may be imposed as part of any approval. A condition offered by the reviewing body for an approval must be related to the evidence received by the reviewing body at the hearing as provided for under all applicable State and local laws.
         9. Every decision shall include the vote, abstention from voting or absence of each member. The decision, including findings of fact and conclusions of law, shall be filed with the City Clerk. A written copy of the decision shall be delivered in accordance with Sec. 10.2.1.C.6.
         10. The presiding officer of the reviewing body shall rule on the admissibility of evidence and make determinations on whether evidence is competent, material, relevant or redundant.
      3. Examination
         Members of the reviewing body may ask questions of persons presenting testimony or evidence at any time during the proceedings until commencement of deliberation.
      4. Cross-Examination of Witnesses
         After each witness testifies, testimony is subject to cross-examination.
      5. Rules of Evidence
         1. Competent evidence shall not preclude reliance by the decision-making board on evidence that would not be admissible under the rules of evidence as applied in the trial division of the General Court of Justice if;
            1. The evidence was admitted without objection; or
            2. The evidence appears to be sufficiently trustworthy and was admitted under such circumstances that it was reasonable for the reviewing body to rely upon it.
         2. Competent evidence shall not be deemed to include the opinion testimony of lay witnesses as to any of the following:
            1. a) The use of property in a particular way would affect the value of other property;
            2. b) The increase in vehicular traffic resulting from a proposed development would pose a danger to the public safety; and
            3. c) Matters about which only expert testimony would generally be admissible under the rules of evidence.
         3. Documentary business records may be presented in the form of a copy or the original. Upon request, parties shall be given an opportunity to compare the copy with the original.
      6.  Statements of Counsel
         Statements of counsel, or any individual acting in a pro se capacity, shall only be considered as argument and not testimony unless counsel or the individual is sworn in and the testimony is based on actual personal knowledge of the matters which are the subject of the statements.
      7. Continuances and Deferrals
         The reviewing body shall consider requests for continuances and may grant continuances in its sole discretion. If, in the opinion of the eviewing body, any testimony or documentary evidence or information presented at the hearing justifies allowing additional research or review in order to properly determine the issue presented, then the reviewing body may continue the matter to a time certain to allow for such research or review.

Image

1. Applicability
   1. The City Council shall consider amendments to the Comprehensive Plan.
   2. Amendments to the Comprehensive Plan shall be made in accordance with the provisions of this section.
2. Pre-Application Conference
   Before submitting an application for a Comprehensive Plan amendment, an applicant shall schedule a pre-application conference with the Planning Director to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Planning Director.
3. Application Requirements
   1. An application for a Comprehensive Plan amendment shall be submitted in accordance with the general application requirements of Sec. 10.2.1.B.
   2. An application for a Comprehensive Plan amendment will only be accepted in accordance with the City's filing calendar.
   3. A Comprehensive Plan Amendment form must be filled out completely to initiate a change.
4. Approval Process
   1. Planning Director Action
      1. The Planning Director shall review the application for a Comprehensive Plan amendment in accordance with Planning Director Review in Sec. 10.2.2.E. and provide a report and recommendation to the Planning Commission of a completed application.
      2. The Planning Director shall also provide a report and recommendation to the City Council when the City Council considers authorizing a public hearing on the proposed Comprehensive Plan amendment.
   2. Planning Commission Action
      1. Within 45 days following submission of a completed application and City approval of all required technical documents, the Planning Commission shall hold a public meeting on the proposed amendment which shall be noticed in accordance with Sec. 10.1.8. and Sec. 10.2.1.C.
      2. The Planning Commission may refer the proposed amendment to a work session of the Planning Commission or one of its committees for additional consideration or the Planning Commission may act upon the application.
      3. Within 90 days after its receipt of the proposed amendment, the Planning Commission shall make its recommendation to the City Council. Within this time period, the Planning Commission may request extensions of time which may be granted by the City Council. If no recommendation is made within this time period and if no extension is granted, the City Council may take action on the application without further involvement of the Planning Commission.
      4. The Planning Commission shall make its recommendation to the City Council in writing. The Planning Commission shall recommend that the request be approved, approved as revised, denied or request further study.
   3. Public Hearing by City Council
      1. Following the recommendation of the Planning Commission or expiration of the applicable Planning Commission review period without recommendation, the City Council shall conduct a public hearing. Notice of the public hearing shall occur within 60 days of receiving the request from the Planning Commission.
      2. The public hearing shall be noticed in accordance with Sec. 10.1.8. and Sec. 10.2.1.C.
   4. City Council Public Hearing and Action
      1. Before taking final action on a proposed Comprehensive Plan amendment, the City Council may consider the recommendations of the Planning Commission and Planning Director and comments made at the public hearing.
      2. The City Council may review the application in light of the considerations in Sec. 10.2.2.E.
      3. The City Council shall approve, approve as revised, deny, send the proposed Comprehensive Plan amendment back to the Planning Commission or Planning Director for additional consideration.
      4. Approval by the City Council shall include the adoption of a statement describing how the City Council considers the action taken to be reasonable and in the public interest.
      5. All enactments, amendments and changes must be in the form of a resolution. Copies of Comprehensive Plan amendments shall be kept on file at the office of the City Clerk.
5. Considerations for Planning Director Review
   The following lists of considerations for the Planning Director’s review and recommendations regarding a proposed Comprehensive Plan amendment are not all-inclusive. Review and recommendations of proposed Comprehensive Plan amendments may consider whether:
   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 the City as a whole and is not solely for the good or benefit of a particular landowner or owners at a particular point in time; and
   4. The proposed amendment is consistent with other identified Plan policies and adopted area plans;
   5. The impact of the proposed amendment has with regard to:
      1. Established property or proposed development in the vicinity of the proposed amendment;
      2. Existing or future land use patterns;
      3. Existing or planned public services and facilities;
      4. Existing or planned roadways;
      5. The natural environment, including air, water, noise, stormwater management, wildlife and vegetation; and
      6. Other policies of the Comprehensive Plan.

Image

1. Applicability
   1. Text changes are legislative decisions. There are two types of text changes:
      1. a text change to the provisions of this UDO (a "TC"); and
      2. a text change to a conditional use zoning condition, including an amendment to any Planned Development Master Plan (a "TCZ").
   2. Requests for TC's may be made by the City Council, the City staff or members of the public.
   3. Requests for TCZ's can only be made by the owner of the property that is the subject of the TCZ. A request for a TCZ shall follow the procedures for conditional use rezoning applications under Sec. 10.2.4.
2. Pre-Application Conference
   Before a member of the public may submit an application for a text change, the applicant shall schedule a pre-application conference with the Planning Director to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Planning Director.
3. Application Requirements
   1. An application for a TC shall be submitted in accordance with the general application requirements of Sec. 10.2.1.B.
   2. A request for a TC by a member of the public must obtain Council authorization. To initiate that process, the applicant must submit an application describing the request to City Planning. Within 90 days of submission, the Planning Director shall provide a report and recommendation and place the request on the City Council's agenda. If Council authorizes the request, the applicant shall thereafter follow the process set forth in this Section.
4. Approval Process
   1. Planning Director Action
      The Planning Director shall review the TC application in accordance with Sec. 10.2.3.E. and provide a report and recommendation to the Planning Commission.
   2. Planning Commission Action
      1. Upon acceptance of the TC application, the Planning Commission or one of its committees shall hold a legislative hearing on the request. Public notice of the legislative hearing shall be provided in accordance with Sec. 10.1.8.
      2. When conducting a review of a TC application, the Planning Commission shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted, and any other applicable adopted plan.
      3. Within 60 days after receipt of the proposed amendment, the Planning Commission shall provide a written report to the City Council. If no recommendation is made within this time period and if no extension is granted, the City Council may nonetheless take action on the application without further involvement of the Planning Commission.
      4. The Planning Commission's written report to the City Council shall contain its recommendation, which addresses the proposed text amendment's plan consistency and other matters it deems appropriate.
   3. City Council Legislative Hearing and Action
      1. Following the recommendation of the Planning Commission or expiration of the applicable Planning Commission review period without a recommendation, the City Council shall conduct a legislative hearing.
      2. Notice of the public hearing shall occur within 60 days of receiving the Planning Commission's written report.
      3. Notice of the hearing shall be given in accordance with Sec. 10.1.8.
      4. At the hearing, the Planning Director shall present the request, including the recommendation and comments of the Planning Commission, if any. If the request was submitted by a member of the public, those in favor of the TC will be allowed a total of 8 minutes to explain their support and those opposed shall be allowed a total of 8 minutes to explain their opposition. The Council, in its discretion, may grant an equal amount of additional time to each side.
      5. The City Council shall approve, approve as revised, deny or send the proposed TC back to the Planning Commission or Planning Director for additional consideration.
      6. When adopting or rejecting any TC, the City Council shall approve a brief statement describing whether its action is consistent or inconsistent with the Comprehensive Plan.
5. Considerations for Planning Director Review
   The following is a non-exclusive list of considerations for the Planning Director to take into account when reviewing a TC request. The Planning Director may consider whether:
   1. The proposed TC corrects an error or meets the challenge of some changing condition, trend or fact;
   2. The proposed TC is in response to changes in state law;
   3. The proposed TC is generally consistent with the Comprehensive Plan and other applicable adopted plans;
   4. The proposed TC is generally consistent with the stated purpose and intent of this UDO;
   5. The proposed TC provides a benefit to the City as a whole and is not solely for the good or benefit of a particular landowner or owners at a particular point in time;
   6. The proposed TC significantly impacts the natural environment, including air, water, noise, stormwater management, wildlife and vegetation; and
   7. The proposed TC significantly impacts existing conforming development patterns.

Image

1. Applicability
   This Section applies to requests to change the City’s Official Zoning Map (“rezonings”) and TCZ’s as defined in Sec. 10.2.3. Rezonings and TCZ’s are legislative decisions.
2. Pre-Application Conference
   Before submitting an application for a rezoning or TCZ, an applicant shall schedule a pre-application conference with the Planning Director to discuss the applicable procedures, standards and regulations. This requirement may be waived by the Planning Director.
3. Neighborhood Meetings
   1. Pre-Submittal Neighborhood Meeting.
      1. A pre-submittal neighborhood meeting is required for all rezoning and TCZ applications, except where the City is the applicant. The applicant shall provide an opportunity to meet with property owners of the development site and property owners and tenants within the mailing radius described in Sec. 10.2.1.C.1. The location of the neighborhood meeting must be at, or in reasonable proximity to, the subject property.
      2. The required pre-submittal neighborhood meeting must be conducted prior to submittal of the rezoning or TCZ application. The meeting may not occur more than 6 months prior to the submittal of the application. Notice of the neighborhood meeting must be provided in accordance with Sec. 10.2.1.C.1.
      3. A written report of the meeting, made by the applicant, shall be included with the application  given to City Planning. The report shall include at a minimum, a list of those persons and organizations contacted about the neighborhood meeting, the date, time and location of the meeting, a roster of the persons in attendance at the meeting and a summary of issues discussed at the meeting.
   2. Second Neighborhood Meeting.
      1. A second neighborhood meeting shall be required for applications requiring a pre-submittal neighborhood meeting, which meet any of the following criteria:
         1. The subject property is five acres or more;
         2. The proposed change increases the maximum building height to 5 stories or more, or increases the maximum building height by 5 stories or more;
         3. The proposed change increases residential density by an additional 10 dwelling units per acre;
         4. The request is to change from a Residential or Conservation Management (CM) zoning district to a mixed use or special zoning district (other than CM); or
         5. The request seeks to create any type of PD district.
      2. The second required neighborhood meeting must be conducted in a manner consistent with Sec. 10.2.4.C.1.a. and after City Planning has confirmed that the application is complete, but no earlier than thirty days following the application submittal date. Notice of the second required neighborhood meeting must be provided in accordance with Sec. 10.2.1.C.1.; however, the notice radius shall be one thousand feet. In addition, the property shall be posted in accordance with Sec. 10.2.1.C.4.
      3. A report of the second meeting, made by the applicant, shall be delivered to City Planning no less than ten days prior to the first Planning Commission meeting at which the application is considered. The report shall include at a minimum, a list of those persons and organizations contacted about the neighborhood meeting, the date, time and location of the meeting, a roster of the persons in attendance at the meeting and a summary of issues discussed at the meeting. Any other person attending the second neighborhood meeting may submit written comments following the meeting; however, the written comments must be received by City Planning within the same time frame described above in order to be included in the Planning Commission agenda packet.
4. Application Requirements
   1. General Requirements
      1. An application for any rezoning or TCZ shall be submitted in accordance with the application requirements of Sec. 10.2.1.B.
      2. Where practicable, rezonings should correspond with the boundary lines of existing tracts and lots.
      3. No rezoning that down-zones property shall be initiated without the written consent of all property owners whose property is the subject of the proposed down-zoning, unless the down-zoning amendment is initiated by the City. "Down-zoning" means a zoning amendment that affects an area of land in one of the following ways:
         1. By decreasing the development density of the land to be less dense than was previously allowed; or
         2. By reducing the permitted uses of the land to fewer uses than were previously allowed.
      4. If the change in intensity from the proposed rezoning or TCZ meets or exceeds the thresholds for a traffic impact analysis (“TIA”) as described in the Street Design Manual, then submittal and staff review of a TIA shall be required as a part of completing the application.
      5. No application shall be deemed complete until all the applicable documentation described in Sec. 10.2.4.D. has been submitted
      6. An application for any rezoning or a TCZ may be, but is not required to be, submitted concurrently with an application for a Comprehensive Plan amendment, and the two applications may be processed and reviewed concurrently.
      7. Should the property subject to the application not include an entire tax parcel, a survey-based metes and bounds of the subject property shall be required.
      8. If an application is placed on hold at the request of the applicant for a period of six (6) consecutive months or more, or the applicant fails to respond to comments or provide additional information requested by the City for a period of six (6) consecutive months or more, the application review shall be discontinued and the application will be considered administratively withdrawn. A new application and fee shall be required to resume the rezoning effort. The development regulations in effect at the time the new application is submitted shall be applied to the application.
   2. Additional Requirements for Conditional Rezoning and TCZ Applications
      1. Conditional rezoning and TCZ applications must contain conditions which propose greater restrictions on development and use of the property than would apply in the corresponding general use district, and this UDO. The conditions may specify the use or uses prohibited or the use or uses allowed, including the maximum number of dwelling units and all development regulations which are requested for the property submitted for rezoning; however, the requested use or uses must be permitted in the corresponding general use district.
      2. All those regulations which apply to the corresponding general use zoning district are the minimum requirements in the conditional district.
      3. The City Council may accept zoning conditions that alter the maximum block standards in Sec. 8.3.2., the stub streets standards in Sec. 8.3.4.C. and the driveway standard for Residential Uses, Mixed Use and Nonresidential Uses in Sec. 8.3.5.C.2. and 3. 

         1. If this provision is used in a zoning condition, a pedestrian passage meeting the standards of 8.5.8.b must be provided in the future site plan or subdivision that maintains the same connectivity that the block perimeter standard would have required. A pedestrian passage is not required if it would be obstructed by any of the following: i. existing improvements where the value of such improvements is more than twice the land value of the parcel on which the improvements are located; railroad, controlled access highway, steep slopes in excess of 25% within 10 feet of the property line, or watercourse that has one (1) square mile of drainage area or more. 

         2. No such zoning conditions shall be accepted for applications within the -TOD unless the means of providing for safe, efficient and convenient vehicular, bicycle and pedestrian circulation are demonstrated in a site plan, rendering or other image included with the conditional rezoning application per Sec. 10.2.4.D.2.g. Such zoning conditions may be approved by the City Council when the offered zoning conditions provide for safe, efficient and convenient vehicular and pedestrian access within developments and between adjacent developments and do not adversely affect traffic congestion. When these zoning conditions are included, the application shall be accompanied by additional information addressing how safe, efficient, and convenient vehicular and pedestrian access within developments and between adjacent developments is being achieved.

      4. Zoning conditions associated with a lot line common to the subject property and an adjacent property shall reference the Deed Book/Page Number or recorded Book of Maps/Page Number of the associated adjacent property.
      5. Exclusionary conditions which discriminate based on race or religion, specify ownership status or a minimum value of improvements shall not be submitted as a part of the petition.
      6. No condition shall be submitted that proposes to regulate right-of-way reimbursement values or prohibit submittal of a traffic impact analysis. Any condition that prohibits street access or public street connections or extensions shall comply with subsection c above.
      7. Site plans, renderings or other images may be submitted as part of the conditional rezoning application provided all elements of the site plan, rendering or image graphically illustrate the written text of the conditions in which case the written zoning conditions shall remain as the controlling instrument.
      8. No condition may be made part of the petition which specifies the establishment and protection of tree conservation areas or tree protection areas unless the condition ensures that 100% of the critical root zones of trees proposed for protection and located on the subject rezoned property shall also be undisturbed areas.
      9. No condition may be made part of the petition which specifies the authorization or consideration of a Design Alternate.
      10. No variance shall be allowed to a zoning condition that is approved in conjunction with a conditional rezoning or TCZ.
   3. Additional Requirements for CMP and PD District Application
      In addition to a Rezoning Application, a Master Plan Application must be submitted in complete form to initiate a Campus (Sec. 4.6.3. Campus (CMP)) or Planned Development (Sec. 4.7.4. Planned Development (PD)) rezoning.
   4. Additional Requirements for -HOD-G and -HOD-S Applications
      1.  Any application for rezoning property to an -HOD-G and or -HOD-S districts, not filed by the City, must be signed by all of the property owners within the area proposed to be rezoned to an historic overlay district.
      2. An investigation and report describing the significance of the buildings, structures, features, sites or surroundings included in any proposed -HOD-G and -HOD-S and a description of the boundaries of the district, changes in boundaries or de-designation due to loss of significance, shall be prepared and/or reviewed by the Historic Development Commission. The City Council shall refer the report to the North Carolina Department of Cultural Resources.
      3. The Department of Cultural Resources, acting through an agent or employee designated by its Secretary, may analyze and make recommendations concerning such report and description of proposed boundaries. Failure by the Department of Cultural Resources to submit its written analysis and recommendations to the City within 30 calendar days after a written request for such analysis has been received by the Department of Cultural Resources shall relieve the City of any responsibility for awaiting such analysis (N.C. Gen. Stat. §160D-944(b)(2).
      4. The City Council shall refer the report and proposed boundaries to the Planning Commission, in accordance with Sec. 10.2.4.F.4.
      5. The City Council may refer the report to any other interested body for its recommendations prior to taking action to amend the Official Zoning Map.
   5. Additional Requirements for -NCOD Applications
      1. Except for applications filed by the City, City Planning is instructed not to accept -NCOD applications unless the application meets all the following:
         1. Is requesting that either at least a minimum of 15 contiguous acres be zoned -NCOD or that an existing -NCOD be extended. If allowed in the underlying zoning district, all uses in the civic use category shall be excluded when determining the minimum 15-acre requirement; however, such civic uses may be used in determining contiguity of the area.
         2. Is signed by all of the property owners within the area proposed to be rezoned -NCOD.
         3. Is applied to an area where at least 75% of the lots are developed.
         4. Is located in an area in which the City Council has adopted into Sec. 5.4.3.F. specific neighborhood built environmental characteristics and regulations.
      2. Within four years following the City Council adoption of specific neighborhood built environmental characteristics and regulations, City Planning may accept an application rezone property to a -NCOD.
      3. If the City Council accepts a rezoning petition to apply a -NCOD, staff shall provide direct mailed notice to all property owners in the proposed overlay district. Additional mailed notice shall be provided in accordance with Sec. 10.2.1.C.1.
   6. Additional Requirements for DX- District Applications
      New applications requesting a DX- District must be for property located contiguous to or directly across the street from an existing DX- District.
   7. Additional Requirements for TOD- Applications
      Except for applications initiated by the City, new applications requesting a TOD District must be for property located contiguous to or directly across the street from an existing TOD- District or within 1,320 feet of a bus rapid transit (BRT) route.
5. Approval Process
   1. Planning Director Action
      1. The Planning Director shall review the application for a proposed rezoning or TCZ in light of the considerations for Planning Director Review in Sec. 10.2.4.E. In reviewing any required CMP or PD master plan, the Planning Director shall consult with the heads of the departments of Public Utilities, Transportation, Engineering Services, Parks and Cultural Resources, Development Services and Fire to check the proposed master plan against the requirements of the UDO and other applicable technical requirements of the City.
      2. Following review, the Planning Director shall prepare a report and forward the application to the Planning Commission.
   2. Planning Commission Action
      1. The Planning Commission, or one of its committees shall hold a legislative hearing on the application. The legislative hearing shall be noticed in accordance with the provisions of Sec. 10.2.1.C.
      2. During the review and deliberations of the Planning Commission, conditions may be removed, added, or modified, zoning districts changed and/or zoning boundaries altered, no more than one (1) time.
      3. No changes to the conditions shall be considered and deliberated on by the Planning Commission unless the following limitations are met:
         1. Unsigned conditions must be submitted to City Planning at least 10 calendar days before the date of the next meeting at which the Planning Commission discussion of the application is scheduled;
         2. The unsigned conditions must be signed by all owners of the property sought to be rezoned and submitted to City Planning at least two business days before the date of the next meeting at which the Planning Commission discussion of the application is scheduled; and
         3. The signed conditions cannot modify the unsigned conditions except to respond to staff comments or to make non-substantive or clerical corrections.
      4. Within 60 days after its receipt of the proposed rezoning, the Planning Commission shall make its recommendation to the City Council. Within this time period, the Planning Commission may request extensions of time which may be granted by the City Council. If no recommendation is made within this time period and if no extension is granted, the City Council may take action on the application without further involvement of the Planning Commission.
      5. When conducting a review of proposed rezoning or TCZ pursuant to this section, the Planning Commission shall advise and comment on whether the proposed action is consistent with the Comprehensive Plan and any other officially adopted plan that is applicable.
      6. The Planning Commission shall make its recommendation to the City Council in writing. The Planning Commission shall recommend that the request be approved, approved as revised or denied. A written recommendation shall address plan consistency and other matters as deemed appropriate by the Planning Commission.
      7. In no case shall changes to the conditions be accepted following an action by the Planning Commission and prior to the Planning Commission's written recommendation being received by the City Council, other than non-substantive, technical revisions to the text of the conditions, in which case such revised conditions must be signed by all of the property owners of the land proposed to be rezoned to a conditional district and must be submitted to City Planning at least 2 business days before the date the City Council schedules the matter for public hearing.
   3. Legislative Hearing by City Council
      1. Following the recommendation of the Planning Commission or expiration of the applicable Planning Commission review period without a recommendation, the City Council shall conduct a legislative hearing. City Council shall act to schedule the hearing within 60 days of receiving the request from the Planning Commission, and notice shall be given in accordance with Sec. 10.1.8.
      2. Changes to the conditions may be made following City Council’s receipt of the Planning Commission recommendation subject to the following limitations:
         1. Unsigned conditions with the changes must be submitted to City Planning at least 10 calendar days before City Council acts to schedule the matter for public hearing;
         2. The unsigned conditions must be property sought to be rezoned and submitted to City Planning at least two business days before the date the City Council acts to schedule the public hearing; and
         3. The signed conditions cannot modify the unsigned conditions except to respond to staff comments or to make non-substantive or clerical corrections.
   4. Conduct of the Legislative Hearing
      1. The Planning Director shall provide a report describing the application, including analysis of the considerations listed in Sec. 10.2.4.F. as deemed appropriate.
      2. The presiding officer shall open the legislative hearing. Those in favor of the rezoning will be allowed a total of 8 minutes to explain their support and those against the rezoning will be allowed a total of 8 minutes to explain their opposition. Additional time may be allowed by the City Council, but must be the same amount of time for those in support and against.
   5. City Council Action
      1. Revisions may be made to proposed conditions in conditional rezoning and TCZ cases during the legislative hearing or within 30 days following the date on which the hearing is closed subject to the following limitations:
         1. Unsigned conditions with the changes must be submitted to City Planning at least 10 calendar days before the date of the next meeting at which the City Council discussion of the application is scheduled;
         2. The unsigned conditions must be signed by all owners of the property sought to be rezoned and submitted to City Planning at least two business days before the date of the next meeting at which the City Council discussion of the application is scheduled; and
         3. The signed conditions cannot modify the unsigned conditions except to respond to staff comments or to make non-substantive or clerical corrections.
      2. Signed conditions may be submitted electronically so long as the original signed petition is received by the Planning Director at least 24 hours before the date of the meeting where final City Council action is taken; provided that the electronic signature is (1) unique to the person using it; (2) capable of certification; (3) under the sole control of the person using it; and (4) linked to the same page as the petition.
      3. Should the applicant wish to revise the zoning conditions to be less restrictive or revise the request to a less restrictive zoning district, the City council shall schedule a new legislative hearing and provide notice in accordance with the provisions of Sec. 10.2.1.C. The applicant shall be responsible for the cost of legal advertisement of the new legislative hearing. The City Council may, in its sole discretion, refer such an application to the Planning Commission before scheduling the new legislative hearing. If the City Council refers an application that will be subject to a new legislative hearing back to the Planning Commission for review, the applicant shall conduct a neighborhood meeting in accordance with Sec. 10.2.4.C 2.
      4. When approving or denying any rezoning or TCZ, the City Council shall approve a brief statement describing whether its action is consistent or inconsistent with the Comprehensive Plan.
      5. If a rezoning or TCZ is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending the future land-use map, and no additional request or application for a plan amendment shall be required.
      6. A statement analyzing the reasonableness of the proposed rezoning or TCZ shall also be approved by the City Council. This statement of reasonableness may consider, among other factors:
         1. the size, physical conditions, and other attributes of the area proposed to be rezoned;
         2. the benefits and detriments to the landowners, the neighbors, and the surrounding community;
         3. the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment;
         4. why the action taken is in the public interest; and
         5. any changed conditions warranting the amendment.
      7. The statement of reasonableness and the plan consistency statement may be approved as a single statement.
6. Considerations for Planning Director Review
   The following is a non-exclusive list of considerations the Planning Director may take into account when reviewing a rezoning or TCZ application:
   1. The application corrects an error or meets the challenge of some changing condition, trend or fact;
   2. The application is generally consistent with the Comprehensive Plan;
   3. The application is generally consistent with the stated purpose and intent of this UDO;
   4. The application will reinforce the existing or planned development pattern of the area;
   5. The site is appropriate for the development allowed in the proposed district;
   6. The application is reasonable and in the public interest;
   7. The City and other service providers will be able to provide sufficient public facilities and services including schools, roads, recreation facilities, wastewater treatment, water supply and stormwater facilities, police, fire and emergency medical services, while maintaining sufficient levels of service to existing development; and
   8. The application will not have a significant adverse impact on property in the vicinity of the subject property.
7. Time Lapse between Applications
   1. Limitations Between Applications
      1. In the absence of a special waiver approved by the City Council, the Planning Director is not authorized to accept an application for a rezoning or a TCZ on the same property that was the subject of an application advertised for a City Council legislative hearing unless 24 months has passed since the date of the withdrawal or denial of the prior application.
      2. The 24-month waiting period does not apply to any City Council-initiated rezoning.
   2. Special Waiver
      City Council may grant a waiver of the 24-month waiting period for one or more of the following grounds:
      1. Materially changed circumstances;
      2. Clerical correction as the basis for the previous rezoning;
      3. Newly discovered evidence of adverse impact of the current zoning which by due diligence could not have been discovered in time for the earlier public hearing;
      4. Substantially changed zoning request; or
      5. For any other circumstance determined by the City Council to be reasonable and in the public interest.
8. Modification of Previously-Approved Conditions or PD Master Plan
   When a property has been rezoned into a conditional district, including PD and CMP, the property owner can request subsequent modifications to the zoning conditions or Master Plan. Modifications can be minor or major; however, only PD and CMP districts are eligible for minor modifications.
   1. Minor modifications to PD that can be administratively approved are described in Sec. 4.7.6.A.
   2. Minor modifications to CMP that can be administratively approved are described in Sec. 4.6.4.A.
   3. If multiple parcels or land are subject to a conditional zoning, the owners of individual parcels may apply for modification of the conditions so long as the modification would not result in other properties failing to meet the terms of the conditions. Any modifications approved shall only be applicable to those properties whose owners petition for the modification.
   4. Modification that do not qualify as minor are major and shall require a new zoning or TCZ application.

Image

1. Applicability
   Except as expressly exempted below, no land shall be subdivided within the City or within the City's extraterritorial jurisdiction until:
   1. A preliminary subdivision plan has been submitted and approved as provided in Sec. 10.2.5.E.; and
   2. Infrastructure Construction Plans have been submitted and approved; and
   3. A final plat has been submitted and approved as provided in Sec. 10.2.5.F.; and
   4. The approved final plat has been filed and recorded with the local register of deeds office where the property is located.
2. Exemptions
   The following are exempt and are not subject to subdivision review under this section and the requirements of Chapter 8. Subdivision & Site Plan Standards, unless otherwise provided.
   1. The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the applicable zoning district.
   2. The division of land into parcels greater than 10 acres where no right-of-way dedication is involved.
   3. The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors.
   4. City of Raleigh right-of-way easement acquisition plats.
3. Limitations on Subdivision Approval
   1. No subdivision shall be approved on any parcel of a parent tract when general forestry has occurred on the parent tract and the perimeter buffers under Sec. 9.1.10.C. were removed or substantially removed within the last 5 years.
4. Pre-Application Conference
   Before submitting an application for subdivision approval, an applicant shall schedule a pre-application conference with the Development Services Director to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Development Services Director.
5. Preliminary Subdivision Plan Approval Process
   1. Application Requirements
      1. An application for preliminary subdivision plan approval shall be submitted in accordance with Sec. 10.2.1.B.
      2. The following forms must be filled out completely in order to process an application for preliminary subdivision plan approval:
         1. Preliminary Subdivision Plan Application;
         2. Design Adjustment Request, if applicable (see Sec. 10.2.18.); and
         3. Any Waiver Request.
   2. Development Services Department Action
      1. Development Services has the authority to approve preliminary subdivision plans without review by either the Historic Development Commission or the Board of Adjustment except in the following situations in accordance with Sec. 10.1.8.:
         1. The preliminary subdivision plan is within a Historic Overlay District or of a designated Historic Landmark; or
         2. A Variance Request is filed.
      2. After an application has been determined complete, Development Services shall give notice of pending review in accordance with Sec. 10.1.8. If subsequent to the filing of a completed application, a waiver from the Board of Adjustment is requested, Development Services shall give notice of the requested waiver in accordance with Sec. 10.1.8.
      3. In reviewing the preliminary subdivision plan, Development Services shall consult with the Public Utilities, City Planning, Engineering Services, Parks and Cultural Resources, Transportation and Fire Departments to check the proposed preliminary subdivision plan against the requirements of the City Code and other applicable technical requirements of the City.
      4. Following review of the preliminary subdivision plan for compliance with the City Code and other applicable technical requirements of the City, Development Services shall approve, approve with conditions or deny the preliminary subdivision plan. Development Services shall keep written records of any action taken.
   3. Action Following Development Services Department Decision
      1. Following the date of the final action, notice of a decision on an administratively reviewed preliminary subdivision plan shall be provided as set forth in Sec. 10.2.1.C.6.
      2. Within 30 days after the date of the decision on a preliminary subdivision plan, an appeal of Development Services' action may be filed with the Board of Adjustment as set forth in Sec. 10.2.11.
   4. Action Following Preliminary Subdivision Plan Approval
      1. A copy of the preliminary subdivision plan, conforming to all conditions of approval, shall be submitted to Development Services, which shall distribute copies to other City departments as necessary.
      2. An application for infrastructure construction plan 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; and
         2. A Phasing Plan in accordance with the standards of Sec. 10.2.5.E.7.
      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.
   5. Revisions to an Approved Preliminary Subdivision Plan
      1. Minor revisions to an approved preliminary subdivision plan that reflect the same basic street and lot configurations as used for the original approval may be approved by the Development Services Director.
      2. Any request for a revision to an approved preliminary subdivision plan that increases the number of building lots, decreases the amount of common open space or alters a road pattern shall be initiated and processed as a new application for preliminary subdivision plan approval.
   6. Phasing
      1. If not otherwise set out as part of the preliminary subdivision plan, lots may be recorded and public improvements may be constructed in phases.
      2. The Development Services Director shall ensure that the phasing plan is in accordance with the approved preliminary subdivision plan, this UDO, resolutions of the City Council, and conditions of approval.
      3. The phasing plan shall indicate timing of the construction of public improvements in such a way that the number of lots in each phase is reasonably proportional to the amount of development-related improvements in each phase and that rights-of-way and utility easements are extended in the initial phase of development to all adjacent lots that do not have public street access or access to public utilities.
      4. The number of dwelling units in recorded phases complies with the density requirements of this UDO.
      5. In the recorded phase, all setbacks, neighborhood transition zones, transitional protective yards and other special yard areas are met.
      6. In the recorded phase, off-street parking requirements for the developed portion are observed.
      7. In the recorded phase, the amount of required open space is proportionate to the percentage of land being recorded.
      8. The recorded phase conforms to all of the requirements for a legal lot.
      9. Unrecorded phases may contain inappropriate densities, setbacks, offstreet parking spaces and required open space, provided any such phase at the time of its recordation is combined with other recorded phases of the development so that the combined properties together conform to the density, setback, off-street parking and open space requirements of this UDO.
      10. Any residual portion of development complies with the requirements of a legal lot, including its authorization as a subdivided lot and the following:
          1. Total acres (gross) recorded;
          2. Total acres of right-of-way approved;
          3. Total acres of right-of-way dedicated;
          4. Total acres (net) approved;
          5. Total acres (net) recorded;
          6. Total acres of open space approved; and
          7. Total acres of open space recorded.
      11. Amendments to the phasing plan may be made in conjunction with the review of construction plans, but an updated copy of the new phasing plan must be submitted and placed in the case file maintained by the Development Services Director. If the extent of the amendments has an impact on more than one phase, then a revised preliminary plan will be required.
   7. Sunsetting of a Preliminary Subdivision Plan
      1. Within 3 years after approval of the preliminary subdivision plan, at least ½ of the gross land area shown on the preliminary subdivision plan must have a final subdivision plat recorded in the local register of deeds office where the property is located and all remaining portions of the preliminary subdivision plan shall have the final subdivision plat recorded in the local register of deeds office where the property is located within five years from the approval date of the preliminary subdivision plan.
      2. Failure to record final subdivision plats for an approved preliminary subdivision plan within the required time constraints shall automatically void the unrecorded portions of the preliminary subdivision plan unless the Development Services Director finds that 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. Unrecorded portions of the preliminary subdivision plan shall conform to all ordinances, laws and City Council resolutions in effect at the time of the requested extension;
         3. The preliminary subdivision plan considers and respects the practical limits of public facilities and services such as stormwater, water and sewer lines, streets, fire, public safety and trash collection;
         4. The applicant has provided the most recent City of Raleigh inspection report from the Engineering Services Department demonstrating that the site is currently in compliance and that any previously graded or cleared portion of the site which is not currently under construction is currently and appropriately stabilized to prevent erosion and sediment erosion control problems during the requested extension period; and
         5. No other extension has been granted.
      3. If all the requirements of Sec. 10.2.5.E.7.b. above are met, the Development Services Director shall permit only one 3-year extension calculated from the date the request for extension is approved by the Development Services Director.
6. Final Subdivision Plat Approval Process
   1. Applicability
      1. All divisions of land not exempted in Sec. 10.2.5.B. shall require final subdivision plat approval as set forth below.
      2. The final subdivision plat shall constitute one or more phases of the approved preliminary subdivision plan.
      3. Approval of the final subdivision plat shall be subject to the installation, acceptance, warranty and as-built drawing of the improvements required in Chapter 8. Subdivision & Site Plan Standards or the posting of a construction surety as set forth in Sec. 8.1.3.
   2. Submittal Requirements
      1. An application for final subdivision plat approval shall be submitted in accordance with Sec. 10.2.1.B.
      2. The following forms must be filled out completely in order to process an application for final subdivision plat approval:
         1. Recorded Map Application; and
         2. Recorded Map Checklist.
      3. The final plat submission shall contain all of the following.
         1. The inclusion of all required items as provided in the Recorded Map Application, Recorded Map Checklist and any other checklist contained within the final subdivision plat application forms.
         2. Compliance with all requirements of N.C. Gen. Stat. §47-30.
         3. A metes and bounds description of all required easements.
         4. Executed copies of all legal instruments required by the City in association with development approval.
         5. Posting of a construction surety as set forth in Sec. 8.1.3. for improvements which are not accepted for public maintenance by the City.
         6. Tree conservation plats for approved preliminary subdivisions 2 or more acres in size.
         7. The final plat and all dedication plats shall contain a ownership certification that certifies and warrants that the undersigned is (are) the sole owner(s) of the property shown on the map or plat and any accompanying sheets having acquired the property in fee simple by deed(s) recorded in the county register of deeds office where the property is located and as such has (have) the right to convey the property in fee simple and that the dedicator(s) hereby agree to warrant and defend the title against any claims of all persons whomsoever excepted as specifically listed herein and that by recording this plat or map I ( we) do irrevocably dedicate to the City of Raleigh for public use all streets, easements, rights-of-way, parks and greenways (as those interests are defined in the City Code) and as the same are shown on the plat for all lawful purposes to which the City may devote or allow the same to use and upon acceptance thereof, in accordance with all City policies, ordinances, regulations or conditions of the City of Raleigh, for the benefit of the public provided any dedication of easements for storm drainage not specifically labeled City of Raleigh or public are not made to the City of Raleigh, but are irrevocably made to the subsequent owners of any and all properties shown hereon for their use and benefit.
         8. Delineations of watercourse buffers and impervious surface area limitations for properties located in a -UWPOD, -FWPOD, -SWPOD, -MPOD or CM District.
         9. Signature of an official from the North Carolina Department of Transportation if public street right-of-way is involved for lands located outside the City limits.
         10. Stormwater control facilities, including without limitation, detention facilities, retention facilities, wet ponds, sand filters, wetlands, bio-retention measures, swales and storm pipes required by Article 9.2. Stormwater Management, permanently protected undisturbed open space areas, together with showing the means of transporting stormwater runoff to and from any nitrogen reduction and stormwater runoff control measures or facilities.
         11. A statement on the plat which lots, by number, are served by which stormwater control facility; the stormwater control facility shall be indicated by type and by its general location.
         12. A notation that the dedicators and their successors waive their statutory rights to withdraw dedications of the right-of-way when the public has made reimbursement for the right-of-way or when density has been transferred from the right-of-way.
      4. The applicant shall submit all information, maps and data required by the City to properly review the final subdivision plat for conformity with all City ordinances, standards and regulations. For example, building envelopes may be required to show the development potential of any lot and if the lot can not be reasonably developed in accordance with Article 8.3. Blocks, Lots, Access, the lot shall not be recorded notwithstanding any prior preliminary subdivision plan approval of the lot.
   3. Development Services Director Action
      1. After an application has been determined complete, Development Services shall review the final subdivision plat for compliance with the approved preliminary subdivision plan and conditions of approval.
      2. In reviewing the final subdivision plat, Development Services Department shall consult with the Public Utilities, City Planning, Engineering Services, Parks and Cultural Resources, Transportation and Fire Departments.
      3. Upon completion of the review, the Development Services Director may meet with the applicant to discuss any changes in development design.
      4. If the final subdivision plat contains the dedication of streets and public easements, the construction of development-related improvements or the establishment of private drainage easements, then Development Services shall forward copies of the final subdivision plat to the appropriate City departments for review.
      5. Development Services shall complete the review of the final subdivision plat and notify the applicant of nonconformities, omissions or required corrections. If the final subdivision plat is disapproved, the reasons for such disapproval shall be stated in writing, specifying the provisions of the UDO with which the final subdivision plat does not comply. A revised final subdivision plat may be submitted to Development Services for further consideration.
      6. Within 20 days after the date of the decision on a final subdivision plat, an appeal of the Development Services Director's action may be filed with the Board of Adjustment as set forth in Sec. 10.2.11..
      7. Development Services shall approve the final subdivision plat if it conforms with the approved preliminary subdivision plan and conditions of approval, N.C. Gen.Stat. §30-47 and the content requirements for the plat and recorded map checklist.
      8. No final subdivision plat shall be approved until all required public improvements are accepted for public maintenance and completely installed or a construction security is posted with the City as set forth in Sec. 8.1.3.
   4. Action Following Final Approval of the Plat
      1. After a final subdivision plat is approved, the Development Services Director shall certify the plat for recording after the required signatures for recordation have been provided. 
      2. The City may, as a precondition for recording lots, require the recording of legal instruments.
      3. The subdivider shall present to the county register of deeds office where the property is located the appropriate number of signed mylar copies of the final plat, as specified on the Recorded Map application and Recorded Map checklist.
      4. Plats presented to and approved for recordation by the City must be recorded on or before the 14th day following the certification of the Development Services Director. The expiration date shall be clearly indicated on the plat. By the end of the next business day following the recordation of the final plat, the subdivider shall provide to Development Services evidence of a recorded copy of the certified final plat and the recordation of all legal instruments required by the City in association with development approval.
   5. Revisions to an Approved and Signed Final Subdivision Plat Not Yet Recorded Following certification of the Development Services Director, in accordance with Sec. 10.2.5.F.4., no final plat shall be revised, except with the consent of Development Services:
      1. When revisions are proposed to an approved final subdivision plat, the applicant shall submit a written request to Development Services delineating the revisions and requesting authorization for the revisions.
      2. Revisions to an approved final subdivision plat may only be approved if still in conformance with the approved preliminary plan.
      3. Changes to an approved final subdivision plat not in conformance with the approved preliminary plan must be resubmitted as a new preliminary plan application.
      4. In addition to the written request for revising the final plat and the submittal of a revised final subdivision plat, in all instances the applicant shall submit the required fees to Development Services for processing and recording the revised final plat.
7. Subdivisions in Historic Overlay District or for designated Historic Landmark
   For preliminary subdivision plans within a Historic Overlay District or of a designated Historic Landmark, following the administrative review described in Sec. 10.2.5.E.2, above, the application shall be referred to the Historic Development Commission. The Historic Development Commission shall conduct a quasi-judicial evidentiary hearing in accordance with Sec. 10.2.15. The Commission shall take no action except to prevent the subdivision of land that would be incongruous with the special character of the district or the landmark.

Image

1. Applicability
   The provisions of this section apply to the following:
   1. The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots conform with, or exceed, the standards of Sec. 8.3.3., but if the standards of Sec. 8.3.3. are not met, the recombination may still be approved if the recombined lots more closely conform to the minimum standards of Sec. 8.3.3. than do the existing conditions.
   2. The division of land into parcels greater than 10 acres where no right-of-way dedication is involved.
   3. The public acquisition by purchase or dedication of strips of land for the widening or opening of streets or for public transportation system corridors.
   4. City of Raleigh right-of-way or easement acquisition plats.
   5. All other plats or maps, other than subdivision plats, where the existing property boundaries or street rights-of-way are changed or new street rights-of way are created.
   6. All other maps or plats, other than subdivision plats, that are required by State Law to contain a City certification.
   7. Except as expressly exempted below, no map or plat shall be filed and recorded with the local register of deeds office for lands within the City or within the City's extraterritorial jurisdiction unless and until it has been submitted and approved as provided in this section.
2. Exemptions
   The following are exempt and are not subject to this section and to the requirements of Chapter 8. Subdivision & Site Plan Standards unless otherwise provided.
   1. A survey of an existing parcel or parcels of land that does not create a new street or change an existing street or property boundary.
   2. A survey of an existing building or other structure or natural feature, such as a watercourse.
   3. A control survey.
   4. North Carolina Department of Transportation rights-of-way plans or roadway corridor official maps.
   5. Easement plats prepared by utility companies granted the power of eminent domain by N.C. Gen. Stat. §40A-3(a)(1).
   6. A map attached to a deed or other instrument submitted for recording in a form for illustrative purposes only that meets the requirements of N.C. Gen. Stat. §47-30(n) and does not convey fee simple property in violation of this UDO.
3. Pre-Application Conference
   Before submitting an application for any division of land greater than 10 acres where no right-of-way dedication is involved, an applicant shall schedule a pre-application conference with the Development Services Director to discuss the consequences for development of a tract without a road network. This requirement may be waived at the discretion of the Development Services Director.
4. Requirements for Recombinations
   1. Recombination by Recorded Maps
      The requirements for recombination by recorded map include all of the following:
      1. The resultant lots conform with, or exceed, the standards of Sec. 8.3.3., but if the standards are not met, the recombination may still be approved if the recombined lots more closely conform to the minimum standards of Sec. 8.3.3. than do the existing conditions;
      2. The total number of lots is not increased;
      3. The title block contains the word "Recombination";
      4. Structures on the affected lots are shown and the requested recombination does not violate the setback requirements of this UDO and the North Carolina Building Code;
      5. The amount of impervious surface per lot is indicated before and after the recombination. All impervious surfaces and lot areas within a -UWPOD, -FWPOD, -SWPOD, -MPOD or CM District shall be calculated from the adjoining street right-of-way; provided if an expansion of an existing right-of-way or new right-of-way has been established in the Comprehensive Plan, impervious surface and lot areas within the overlay district shall be calculated from the expanded or new right-of-way;
      6. The recombination plat is certified by the Development Services Director and contains the appropriate authorization number to ensure the proper mapping of the resultant lots on the applicable county and City Geographic Information Systems;
      7. The recombination indicates that all resultant lots have the same water and sewer utility access that existed prior to the recombination;
      8. The recombination is certified by the county health department where the property is located that the recombination will not create a violation of setback standards or other standards of the county health department regarding private wells and septic systems;
      9. The recombination does not create the potential of new access points on a Major Street, Mixed Use Street or Thoroughfare in violation of the of the UDO and the Raleigh Street Design Handbook or render any existing driveway access point nonconforming;
      10. The recombination plat conforms to all laws and ordinances for the recordation of maps and includes all information listed in the Recorded Map Checklist form except for information that is uniquely necessary for subdivision plats;
      11. The resultant lots, if located within floodway fringe areas as set forth in Article 9.3. Floodprone Area Regulations, conform to the lot coverage limitations of Sec. 9.3.5.C.; and
      12. The recombination plat will be processed in accordance with this section and Sec. 10.1.8.
   2. Recombination by Recorded Instrument
      The requirements for recombination by recorded instrument include all of the following:
      1. The resultant lots conform with, or exceed, the standards of Sec. 8.3.3., but if the standards of Sec. 8.3.3. are not met, the recombination may still be approved if the recombined lots more closely conform to the minimum standards of Sec. 8.3.3. than do the existing conditions;
      2. The total number of lots is not increased;
      3. The instrument contains a metes and bounds description of the new recombined lots or reference is made to a recorded plat;
      4. The instrument contains a statement as to the total acreage of the affected lots;
      5. The title of the instrument contains the word "Recombination";
      6. The instrument contains a certification that the recombination does not violate the setback requirements of this UDO and the North Carolina Building Code;
      7. The amount of impervious surface per lot is indicated before and after the recombination. All impervious surfaces and lot areas within a -UWPOD, -FWPOD, -SWPOD, -MPOD or CM District shall be calculated from the adjoining street right-of-way; provided if an expansion of an existing right-of-way or new right-of-way has been established in the Comprehensive Plan, impervious surface and lot areas within the overlay district shall be calculated from the expanded or new right-of-way;
      8. The recombination instrument is signed by all property owners;
      9. If the number of lots is reduced, the instrument is to indicate which lots are eliminated;
      10. The recombination instrument is certified by the Development Services Director and the appropriate authorization number is attached to ensure the proper mapping of the resultant lots on the applicable county and City Geographic Information Systems;
      11. The instrument indicates that all resultant lots have the same water and sewer utility access that existed prior to the recombination;
      12. The instrument contains a certification by the county health department where the property is located that the recombination will not create a violation of setback standards or other standards of the county health department regarding private wells and septic systems;
      13. The recombination does not create the potential of new access points on a Major Street, Mixed Use Street or Thoroughfare in violation of the of the UDO and the Raleigh Street Design Manual or render any existing driveway access point nonconforming;
      14. The resultant lots, if located within floodway fringe and/or future conditions flood hazard areas as set forth in Article 9.3. Special Flood Hazard Area Regulations, conform to the lot coverage limitations of Sec. 9.3.6.B.3. and Sec. 9.3.7.B.2.; and
      15. The recombination instrument will be processed in accordance with this section and Sec. 10.1.8.
   3. Limitations on Recombination Approval
      No recombination of any property shall be approved pending any application for the rezoning of property unless the recombination is permitted under the existing zoning district of the property and also under the zoning district which is proposed for the property.
5. Non-subdivision Maps, Plats and Instruments of Recombination Approval Process
   1. Application Requirements
      1. An application for approval of a non-subdivision final map, plat or recombination instrument shall be submitted in accordance with Sec. 10.2.1.B.
      2. The following forms and documents must be completed in order to process an application for non-subdivision final map, plat or recombination instrument recordation approval:
         1. A Recorded Map Application (recorded plat only);
         2. One or more deeds of conveyance, when a recombination changes the boundaries of properties owned by different persons (recorded plat and recombination instrument); and
         3. A preliminary plat or an instrument of recombination (recorded plat and recombination instrument).
   2. Development Services Director Action
      1. After an application has been determined to be complete, Development Services shall review the proposed application for compliance with this UDO and the requirements of N.C. Gen. Stat. §47-30.
      2. Upon completion of the review of the initial non-subdivision map, plat or recombination instrument, Development Services either shall approve or approve with conditions or reject the application depending on whether it conforms to the applicable UDO provisions and the requirements of N.C. Gen. Stat. §47-30.
      3. An appeal of Development Services’ decision may be filed with the Board of Adjustment as set forth in Sec. 10.2.11.
   3. Action Following Approval
      1. After a non-subdivision final map, plat or recombination instrument is approved, the Development Services Director shall certify the final map, plat or recombination instrument as exempt from the subdivision regulations of the UDO.
      2. The City may, as a precondition for recording non-subdivision maps, plats and recombination instruments, require the recording of legal instruments.
      3. Non-subdivision plats and recombination instruments presented to and approved for recordation by the City must be recorded on or before the 14th day following the signature of the Development Services Director. The expiration date shall be clearly indicated on the recording plat and on the recombination instrument.
      4. By the end of the next business day following the recordation of the non-subdivision final plat or recombination instrument, the applicant shall provide to Development Services evidence of a recorded copy of the recombination instrument or certified final plat and the recordation of all legal instruments required by the City in association with the approval.

1. Purpose and Applicability
   1. Purpose. A miscellaneous zoning permit is a type of zoning permit. The purpose of the miscellaneous zoning permit review process is to ensure compliance with the standards and provisions of this UDO for uses that have minor impacts on the environment, public infrastructure and neighboring properties.
   2. Applicability. The following structures and uses shall require a miscellaneous zoning permit:
      1. A change to a Permitted or Limited Use (excluding those with use standards or use specific requirements that require a site plan to ensure compliance) 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, and
         
         where the applicant does not propose any changes to the exterior of the building, or site, that require compliance with any requirement set forth in 10.2.8.B.4. Notwithstanding the foregoing, permitted signage may still be erected or altered.
      2. any structures, improvements, and/or uses that do not require site plans pursuant to Sec. 10.2.8 and are not exempted pursuant to Sec. 10.2.7.A.3.
   3. Permit Exemptions. Because of their de minimis impacts, certain structures, uses and signs, otherwise regulated by this UDO, shall not require a site plan under Sec. 10.2.8 or a miscellaneous zoning permit under this section:
      1. Structures:
         1. Playset
         2. Flag Pole
      2. Uses:
         1. Home Occupation
      3. Signs
         1. A-Frame signs on private property
2. Pre-Application Conference
   Before submitting an application for a miscellaneous zoning permit approval, an applicant may schedule a pre-application conference with the Development Services Director to discuss the procedures, standards and regulations required for such approval.
3. Application Requirements
   1. An application for a miscellaneous zoning permit approval shall be submitted in accordance with Sec. 10.2.1.B.
   2. The following forms must be filled out completely in order to process an application for a miscellaneous zoning permit approval:
      1. Miscellaneous Zoning Permit Submittal Checklist; and
      2. Miscellaneous Zoning Permit Application.
4. Development Services Director Action
   1. City Planning shall review the proposed application against the applicable requirements of this UDO and other applicable technical requirements of the City.
   2. In reviewing the application, City Planning shall consult with the Public Utilities, Engineering Services, City Planning, Parks, Recreation and Cultural Resources, Transportation and Fire Departments as may be appropriate.
   3. Following review, the City shall approve, approve with conditions that bring the application into conformance with this UDO and other applicable technical requirements of the City or deny the application.
   4. If the application is disapproved, the reasons for such disapproval shall be stated in writing and provided to the applicant, specifying the provisions of which the application does not comply. A revised application may be submitted to Development Services for further consideration.
   5. Notice of a decision on a miscellaneous zoning permit shall be provided to the applicant within 3 days following the date of the final action as set forth in Sec. 10.2.1.C.6.
   6. Any appeal of this section shall be in accordance with Sec. 10.2.11.
5. Expiration
   An approved miscellaneous zoning permit shall expire 1 year after the date of approval if a building permit application has not been filed.

Image

1. 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.
2. Site Plan Tier Categories
   1. 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.
   2. 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.
   3. 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
   4. 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.

   5. 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.
   6. 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.
   7. 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
   8. 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.

Image

1. Applicability
   1. Special uses within each zoning district are uses that may be appropriate in a particular zoning district, but because of the increased potential for incompatibility with adjacent uses, require individual review by the Board of Adjustment.
   2. A special use permit is required for all special uses as set forth in Chapter 6. Use Regulations.
2. Pre-Application Conference
   Before submitting an application for a special use permit, an applicant shall schedule a preapplication conference with the Planning Director to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Planning Director.
3. Application Requirements
   1. An application for a special use permit shall be submitted with in accordance with Sec. 10.2.1.B.
   2. A Special Use Permit Application must be filled out to initiate a request for a special use permit.
4. Approval Process
   1. Planning Director Action
      Planning Director shall review the application for a special use permit in light of the showings of Sec. 10.2.9.E. and applicable requirements of Chapter 6. Use Regulations and advise the applicant.
   2. Board of Adjustment Action
      Following notice as required in Sec. 10.1.8. the Board of Adjustment shall hold a quasi-judicial public hearing as set forth in Sec. 10.2.1.D.1.
5. Showings
   Before a request for a special use permit is granted, the Board of Adjustment must show that all of the following are met:
   1. The proposed use complies with all applicable provisions of this UDO unless otherwise expressly modified in accordance with this UDO;
   2. The proposed use is allowed as a special use in the respective zoning district (see Chapter 6. Use Regulations);
   3. The proposed use complies with any specific use standard listed in Chapter 6. Use Regulations without the granting of any variance to the specific use standard;
   4. The proposed use is compatible with adjacent uses in terms of location, scale, site design, hours of operation and operating characteristics;
   5. Any adverse impacts resulting from the proposed use in the affected area will be effectively mitigated or offset or the special use is denied;
   6. Access with respect to pedestrian, bicycle and automotive safety, traffic flow and emergency service is adequate;
   7. Signage is suitable and appropriate; and
   8. Any appropriate dedications of streets and utilities to the public will be made prior to the issuance of a building permit.
6. Limits on Approval
   Whenever the Board of Adjustment approves a special use permit, approval shall not change the zoning of the property or give the property status as a nonconformity as set forth in Article 10.3. Nonconformities.
7. Revisions to an Approved Special Use Permit
   An approved special use permit shall not without prior approval of the Board of Adjustment:
   1. Change to another use for more than 30 days;
   2. Increase its density or intensity;
   3. Enlarge, expand or increase its size;
   4. Substantially change the exterior appearance of buildings; or
   5. Add new outdoor equipment and machinery.
8. Expiration
   1. A special use permit shall expire after 1 year from the date of approval by the Board of Adjustment unless a completed building permit application is submitted or a zoning permit is submitted when no building permit is required, including payment of all fees has been filed by the applicant and accepted by the City.
   2. Any appeal of the issuance of the special use permit to Superior Court shall freeze the running of this 1 year period from commencement of the legal challenge until the end of all appeals. Once the use is constructed, the special use permit runs with the land and does not expire except:
      1. When the Board of Adjustment conditioned the special use permit to a limited defined time period;
      2. When the special use permit is revoked in accordance with Sec. 10.2.1.D.1.; or
      3. When the special use is changed to another use for more than 30 days, other than that for which the special use permit was issued or the special use is discontinued or ceased for a continuous period of 365 days or more without the re-approval of the Board of Adjustment. Without the re-approval of the Board of Adjustment, the special use permit is null and void and continuation of the special use is a violation of this UDO.

Image

1. Applicability
   The Board of Adjustment has the authority to authorize variances from the provisions of this UDO, subject to the requirements of this section. Provided, however, no variance shall be allowed to any provision of this UDO, which would result in an amendment to the 2030 Comprehensive Plan, the Street Plan, or any other adopted City plan. Any change or amendment to such plans or maps must be done in accordance with the process set forth in Sec. 10.2.2. for 2030 Comprehensive Plan amendments.
2. Pre-Application Conference
   Before submitting an application for a variance, an applicant shall schedule a pre-application conference with the Planning Director to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Planning Director.
3. Application Requirements
   1. An application for a variance shall be submitted in accordance with Sec. 10.2.1.B.
   2. A Variance Application must be signed and notarized by the property owner in order to initiate a request for variance.
4. Approval Process
   1. Planning Director Action
      City Planning shall review the application for a variance in light of the showings of Sec. 10.2.10.D.3. below and advise the applicant.
   2. Board of Adjustment Action
      Following notice as required in Sec. 10.1.8. and Sec. 10.2.1.C., the Board of Adjustment shall hold a quasi-judicial public hearing as set forth in Sec. 10.2.1.D.1..
   3. Showings
      ​​​​​​​Before a variance request is granted, the Board of Adjustment shall show all of the following:
      1. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
      2. The hardship results from conditions that are peculiar to the property, such as location, size or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.
      3. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
      4. The requested variance is consistent with the spirit, purpose and intent of the ordinance, such that public safety is secured and substantial justice is achieved.
5. Approval Limitations and Conditions
   1. Absent specific authority from this UDO, the Board of Adjustment may not grant a variance which would modify, alter, change or suspend any requirement of a use standard as set forth in Chapter 6. Use Regulations.
   2. In granting a variance, the Board of Adjustment is authorized to attach safeguards and conditions to the approved variance as is necessary and appropriate and reasonably related to the circumstances that gave rise for the need of the variance.
6. Expiration of Variance
   A variance shall expire after 12 months from the date of approval by the Board of Adjustment unless: (i) a completed building permit application, including payment of all fees has been filed by the applicant and accepted by the City; or (ii) the use and structure were previously in existence prior to the requested variance. Any appeal of the issuance of the variance to Superior Court shall freeze the running of this 12-month period from commencement of the legal challenge until the end of all appeals. Once the use is constructed or established, the variance runs with the land and does not expire except:
   1. When the Board of Adjustment conditioned the variance to a limited defined time period; or
   2. When the variance is revoked in accordance with Sec. 10.2.1.D.1.

Image

1. Applicability
   Any person with standing under N.C. Gen. Stat. § 160D-1402(c), or the City of Raleigh, may file an appeal of any decision, order, requirement or determination relating to the interpretation, compliance or application of this UDO made by an administrative official charged with the administration and enforcement of these provisions of the UDO. All appeals shall be filed in accordance with the provisions of this section.
2. Reviewing Body
   Appeals of an administrative decision are heard by the Board of Adjustment except for Minor Work Certificates of Appropriateness, which are heard by the Raleigh Historic Development Commission.
3. Stay of Proceedings
   An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from unless the official who made the decision certifies to the Board of Adjustment after notice of appeal has been filed that because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or because the violation is transitory in nature, a stay would seriously interfere with enforcement of the ordinance. In that case, enforcement proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the Board of Adjustment shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise affirming that a proposed use of property is consistent with the ordinance shall not stay the further review of an application for permits or permissions to use such property; in these situations, the appellant may request and the Board may grant a stay of a final decision of permit applications or building permits affected by the issue being appealed.
4. Notice of Decision and Filing An Appeal
   1. The official who made the decision shall give written notice of the decision to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail.
   2. The owner or other party shall have 30 days from receipt of the written notice within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the decision within which to file an appeal.
   3. An appeal is taken by filing a notice of appeal along with an appeal application stating the grounds for appeal and containing all other required information with the City Clerk.
   4. The Department of City Planning shall provide the notices required in Sec. 10.2.1.C.
5. Hearing and Board Action
   1. The official who made the decision shall transmit to the Board all documents and exhibits constituting the record upon which the action appealed from is taken. The official shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.
   2. Within 90 days after a completed application of an appeal of an administrative decision is filed, the reviewing body shall hold a quasi-judicial public hearing as set forth in Sec. 10.2.1.D.1. and provide notice of the decision as required in Sec. 10.2.1.C.6.
   3. The official who made the decision shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. If any party or the city would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board shall continue the hearing.
   4. The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The Board shall have all the powers of the official who made the decision.
6. Appeals from the Board of Adjustment are to Wake County Superior Court pursuant to N.C. Gen. Stat. § 160D-1402.

Image

1. Applicability
   Prior to the issuance of a sign permit for one or more buildings or businesses in the same project, a common signage plan approved by the Development Services Director in accordance with the requirements of this section shall be required.
2. Application Requirements
   1. An application for a common signage plan shall be submitted in accordance with Sec. 10.2.1.B.
   2. A Common Signage Plan Application must be filled out in order to process an application for a common signage plan.
3. Development Services Director Action
   1. The Development Services Director shall check the proposed application against the requirements of Sec. 7.3.16.H. and other applicable technical requirements of the City.
   2. In reviewing the application, the Development Services shall consult with the Public Utilities, City Planning, Engineering Services, Transportation, Parks and Cultural Resources and Fire Departments.
   3. Following review, the Development Services Director shall approve, approve with conditions that bring the application into conformance with this UDO and other applicable technical requirements of the City or deny the application.
   4. If the application is disapproved, the reasons for such disapproval shall be stated in writing and provided to the applicant, specifying the provisions with which the application does not comply. A revised application may be submitted to the Development Services Director for further consideration.
   5. The Development Services Director may allow modifications to the lettering style to accommodate state and federally registered trademarks (logos) if the Development Services Director feels that the intent of the common signage plan requirements is maintained. In allowing modifications, the Development Services Director may limit the logo size. The requirements of a common signage plan shall apply to all tenants within a related project, even if the properties have been subdivided.
   6. Within 30 days after the date of the decision, an appeal of the Development Services Director's action may be filed with the Board of Adjustment in accordance with Sec. 10.2.11.
4. Revisions to an Approved Plan
   1. Revisions to an approved common signage plan shall require documentation from all tenants on the property prior to approval.
   2. It shall be the responsibility of the applicant to enforce the terms of the common signage plan and a current copy of such plan, including any amendments, must be kept on file by the Development Services Director.
5. Existing Signs Not Conforming to Common Signage Plan
   All signs not conforming to the proposed common signage plan shall be required to comply at the time of application for a new sign permit.
6. Binding Effect
   After approval of a common signage plan, no sign shall be erected, placed, painted or maintained, except in conformance with the common signage plan.

Image

1. Applicability
   As listed in Article 6.8. Temporary Uses, temporary uses occurring on private property outside of the public right-of-way shall be allowed upon the issuance of a temporary use permit by the Development Services Director in accordance with requirements of this section.
2. Application Requirements
   1. An application for a temporary use permit shall be submitted in accordance with Sec. 10.2.1.B.
   2. A Temporary Use Permit Application must be filled out in order to process an application for temporary use permit.
3. Development Services Director Action
   1. The Development Services Director shall check the proposed application against the requirements of this UDO, all other applicable technical requirements of the City and the approval criteria of Sec. 10.2.13.D.
   2. In reviewing the application, the Development Services Director may consult with the heads of the departments of Public Utilities, Public Works, Transportation, Parks and Recreation, Inspections and the Fire Department.
   3. Following review, the Development Services Director shall approve, approve with conditions that bring the application into conformance with this UDO and other applicable technical requirements of the City or deny the application.
   4. If the application is disapproved, the reasons for such disapproval shall be stated in writing and provided to the applicant, specifying the provisions with which the application does not comply. A revised application may be submitted to the Development Services Director for further consideration.
   5. Within 30 days after the date of the decision, an appeal of the Development Services Director's action may be filed with the Board of Adjustment in accordance with Sec. 10.2.11.
4. Approval Criteria
   Before a request for temporary use permit is granted, the Development Services Director must find the following:
   1. The temporary use complies with any specific standard listed in Article 6.8. Temporary Uses;
   2. No lighting or electrical service shall be provided without an electrical permit;
   3. No structure associated with the temporary use shall be erected without a building permit;
   4. All structures shall be cleared from the site within 5 days after the use is terminated;
   5. No temporary use structure shall block fire lanes or pedestrian or vehicular access;
   6. The site of the temporary use shall be cleared of all debris at the end of the use;
   7. Written permission of the property owner for the temporary use shall be provided;
   8. Adequate parking shall be provided;
   9. Evidence that adequate traffic control measures shall be provided;
   10. Evidence that adequate provisions for trash disposal and sanitary facilities shall be provided; and
   11. When appropriate, adequate provisions for crowd control shall be provided.
5. Revocation of Temporary Use Permit
   If any conditions of a temporary use permit are violated, the temporary use permit may be revoked by the Development Services Director.

Image

1. Applicability
   The Zoning Administrator is authorized to make interpretations concerning the provisions of this UDO.
2. Application Requirements
   1. An application for an interpretation of this UDO shall be submitted in accordance with Sec. 10.2.1.B.
   2. A Written Interpretation Application must be completed in order to process a request for a written interpretation.
3. Zoning Administrator Action
   1. The Zoning Administrator shall review and evaluate the request for written interpretation in light of the text of this UDO, the Official Zoning Map and any other relevant information.
   2. Following review, the Zoning Administrator shall render a written opinion within 5 working days after a completed application for a written interpretation is filed. Pursuant to Sec. 10.2.1.C.6., the Zoning Administrator shall notify the applicant and the property owner (if the property owner is not the applicant and the question of interpretation relates to a specific tract of land) of the interpretation.
   3. All appeals of the Zoning Administrator's written interpretation shall be made to the Board of Adjustment in accordance with Sec. 10.2.11.
4. Official Record
   The Planning Director shall maintain an official record of all interpretations. The record of interpretations shall be available for public inspection during regular office hours.

Image

1. Jurisdiction
   1. The Historic Development Commission has jurisdiction for certificates of appropriateness for the exterior of all properties within the -HOD-G and -HOD-S.
   2. The Historic Development Commission has jurisdiction for certificates of appropriateness for the exterior of Historic Landmarks within Raleigh’s zoning jurisdiction.
   3. The Historic Development Commission has jurisdiction for certificates of appropriateness for all designated interior spaces of Historic Landmarks within Raleigh’s zoning jurisdiction.
2. Expiration of Certificate of Appropriateness
   1. A certificate of appropriateness shall expire 6 months after the date of issuance if the work authorized by the certificate has not been commenced.
   2. If after commencement the work is discontinued for a period of 12 months, the permit shall immediately expire.
   3. A certificate of appropriateness authorizing demolition shall expire if the work has not been commenced within 6 months after the authorization date set by the Commission. If after commencement the demolition work is discontinued for a period of 12 months, the approval shall immediately expire.
   4. No work authorized by any certificate that has expired shall thereafter be performed until a new certificate has been secured.
3. Application
   1. All applications for a certificate of appropriateness are to be filed in the location noted on the current application form provided by the City.
   2. The application shall be filed in accordance with the City's filing calendar on the form provided by the City.
   3. The application must be accompanied by sketches, drawings, photographs, specifications, descriptions and other information of sufficient detail to clearly show the proposed exterior alterations, alterations to designated interior features of Historic Landmarks, additions, changes or new construction. The names and mailing addresses of property owners filing or subject to the application and the addresses of property within 100 feet on all sides of the property which is the subject of the application must also be filed. Multiple copies of the application shall be provided when so required by the instructions on the form provided by the City. No incomplete applications will be accepted.
   4. Staff may advise the applicant and make recommendations with regard to appropriateness based upon the adopted historic development standards.
4. Action on Application for Certificate of Appropriateness
   1. Deadline
      Applications for certificates of appropriateness shall be acted upon within 90 days after the complete application is filed, otherwise the application shall be deemed to be approved and a certificate of appropriateness shall be issued; provided however, that the Commission may take the matter under advisement for a total period of up to 180 days to receive additional evidence or memoranda of authority requested by the Commission for its consideration. Nothing in this paragraph shall prohibit an extension of time where mutual consent is given.
   2. Minor Works
      Upon receipt of a completed application, the Planning Director may issue a certificate of appropriateness for minor works.
      1. Defined
         Minor works are defined as those changes that do not involve substantial alterations, additions or removals that could impair the integrity of the Landmark property or the Historic Overlay District as a whole. Minor works are limited to those listed in the “Bylaws and Rules of Procedure” of the Historic Development Commission.
      2. Procedure
         1. Applications for minor works shall be reviewed by the Planning Director according to the applicable historic development standards.
         2. A report describing all certificates of appropriateness for minor works shall be forwarded to the Historic Development Commission, for its information, at its next regularly scheduled meeting.
         3. Failure to approve the requested minor work by the Planning Director shall in no way interfere with the applicant’s right to be heard by the Historic Development Commission—no application for a certificate of appropriateness may be denied without formal action by the Historic Development Commission.
         4. Appeals of administrative decisions to approval a Minor Work are heard by the Historic Development Commission. Notice of appeal shall be filed with the Department of City Planning within 30 days after the date the application for Minor Works was affirmatively decided. An appeal stays all work on the approved Minor Work during the review period of the Historic Development Commission.
   3. Notice
      1. Whenever a hearing on the application is to be heard by the Commission, City Planning shall make a reasonable attempt to identify and notify by mail the owners of property within 100 feet on all sides of the property that is the subject of the pending application.
      2. Mailed notices are for the convenience of the property owners and occupants and any defect or their omission shall not impair the validity of issuing a certificate of appropriateness or any following action.
   4. Hearing
      1. City Planning shall transmit the application for a certificate of appropriateness, together with the supporting material, to the review body for its consideration.
      2. Prior to the issuance or denial of a certificate of appropriateness by the Commission, the applicant and persons meeting the criteria for standing in G.S. 160D-1402 shall be given the opportunity to be heard at the hearing.
      3. All meetings of the Historic Development Commission shall be open to the public in accordance with the North Carolina open meetings law, N.C. Gen. Stat. Chapter 143, Article 33B.
      4. Interior arrangement shall not be considered by the review body and no certificate of appropriateness is required for interior repairs or renovations, except for designated interior features of Historic Landmarks as allowed in Sec. 10.2.16.D.2.
      5. The review body shall not refuse to issue a certificate of appropriateness except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant features, outdoor advertising signs or other significant features in the –HOD-G, -HOD-S or for Historic Landmarks, which would be incongruous with the special character of the district or Landmark.
      6. The Commission shall render its decision in written form, including its reasons for issuing or denying the certificate and a summary of any citation to the evidence, testimony, studies or other authority upon which it based its decision.
      7. Without objection from any interested parties, the Historic Development Commission may hold summary proceedings on Certificates of Appropriateness. Such proceedings shall be a public meeting and the Commission’s decision shall be rendered in written form.
      8. In all proceedings or public hearings before the Historic Development Commission with regard to an application for a certificate of appropriateness, the burden of producing substantial evidence or testimony is upon the applicant and if the applicant fails to do so, the Commission shall deny the certificate.
      9. Notwithstanding any other provisions of this UDO, the Historic Development Commission may require additional evidence or memoranda of authority to be submitted and may take the matter under advisement until such evidence or memoranda have been submitted and considered up to the 180-day limit established above.
      10. As part of its deliberation, the Commission may view the premises and seek the advice of the North Carolina Division of Archives and History or such other expert advice as it may deem necessary under the circumstances.
      11. The Commission’s action on the application shall be approval, approval with conditions, deferral or denial.
      12. Notice of decision shall be provided as required in Sec. 10.2.1.C.6.
5. Demolition of Buildings, Structures and Sites
   1. General
      An application for a certificate of appropriateness authorizing the demolition or destruction of a building, structure or site within any Historic Overlay District or Historic Landmark may not be denied except as provided below for Statewide Significance. However, the authorization date of such a certificate may be delayed for a period of up to 365 days from the date of issuance. The maximum period of delay authorized by this section shall be reduced by the Commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period of delay the Commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the building, structure or site. If the Commission finds that the building, structure or site has no particular significance or value toward maintaining the character of the Historic Overlay District or Historic Landmark, it shall waive all or part of such period and authorize earlier demolition or removal.
   2. Pending Historic Landmark and within a Pending -HOD-G or -HOD-S
      1. Where the Historic Development Commission has voted to recommend designation of a property as a Historic Landmark or an area as a -HOD-G or -HOD-S and final designation has not been made by the City Council, the demolition or destruction of any building, site or structure proposed as a Landmark or located in the proposed district may be delayed by the Commission for a period of up to 180 days or until the City Council takes final action on the designation, whichever occurs first.
      2. Should the Council approve the designation prior to the expiration of the 180-day delay period, an application for a certificate of appropriateness for demolition must then be filed; however, the maximum period of authorization date delay for such demolition certificate shall be reduced by the Commission equal to the period of delay while the designation was pending.
   3. Statewide Significance
      An application for a certificate of appropriateness authorizing the demolition or destruction of a building, structure or site determined by the State Historic Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.
   4. Compliance with Other Law
      Issuance of a certificate of appropriateness shall not relieve the applicant, contractor, tenant or property owner from obtaining any other permit required by this UDO or any law.
6. Appeals
   1. Appeals from the Historic Development Commission are to Wake County Superior Court pursuant to N.C. Gen. Stat. §160D-1402
   2. The State of North Carolina shall have a right of appeal to the North Carolina Historical Commission or any successor agency. Notice to the Historic Development Commission shall be served on the same day and in the same manner as for the North Carolina Historical Commission unless oral notice of appeal is given to the Historic Development Commission during the meeting at which the decision is rendered. The decision of the North Carolina Historical Commission shall be final and binding upon both the state and the Historic Development Commission.
7. Effect of Conflict with Other Ordinances
   Whenever any ordinance adopted pursuant to N.C. Gen. Stat. Part 4, Article 9, Chapter 160D requires a longer waiting period or imposes other higher standards with respect to a designated historic landmark or designated –HOD-G or –HOD-S than are established under any other statute, charter provision or regulation, Part 4 shall govern. Whenever the provisions of any other statute, charter provision, ordinance or regulation require a longer waiting period or impose other higher standards than are established under general statute such other statute, charter provision, ordinance or regulation shall govern.

Image

1. Applicability
   1. The City Council shall designate Historic Landmarks.
   2. Designations and amendments shall be made in accordance with the provisions of this section. Removing the designation from a Historic Landmark shall also follow the provisions of this section.
2. Application Requirements
   1. Designation Reports
      The Historic Development Commission shall make, or cause to be made, an investigation and report on the historical, prehistorical, architectural, archaeological and cultural significance of each building, structure, site, area or object proposed for designation. Applications prepared by owners will be judged by the same criteria as those prepared by the commission. Such reports shall contain the following information:
      1. The name of the property to be considered for designation—both common and historic names, if they can be determined;
      2. The name and address of the current property owner;
      3. The location of the property proposed to be designated historic, including the street address and County tax map and parcel numbers or the parcel identification number;
      4. The date of construction and of any later alterations, if any;
      5. An assessment of the significance of the site or structure based on the criteria for designation cited below;
      6. An architectural or archaeological description of the area of the site or structure proposed to be designated. If outbuildings or other appurtenant features are proposed to be designated, the report shall contain a description of those features;
      7. A historical discussion of the site or structure within its type, period and locality;
      8. Archival photographs and/or digital images that clearly depict the property proposed to be designated, including views of all facades, pertinent details and siting, as outlined in the supporting information requirements of the current form for Historic Landmark Designation provided by the City; and
      9. A map showing the location of the property, including any outbuildings and appurtenant features.
   2. Elements of Ordinances Designating Historic Landmarks:
      Ordinances designating historic landmarks shall contain the following elements which shall:
      1. Describe each property designated in the ordinance, including the approximate area of the property so designated;
      2. List the name or names of the owner or owners of the property;
      3. Describe those elements of the property that are integral to its historical, prehistorical, architectural, archaeological and/or cultural significance;
      4. Describe the nature of the commission's jurisdiction over the interior, if any and those interior features of the property to be reviewed for certificates of appropriateness if they are to be changed;
      5. Require, for each building, structure, site, area or object designated as an historic landmark that the waiting period set forth in the general statutes be observed prior to its demolition;
      6. Provide, for each designated historic landmark, a suitable sign or plaque indicating that the property has been so designated. If the owner consents, the sign or plaque shall be placed upon the property; if the owner objects, the sign or plaque shall be placed on a nearby public right-of-way; and
      7. Recite any other information the governing body deems necessary within the authority conferred by the General Statutes.
3. Approval Process
   Ordinances designating Historic Landmarks shall be adopted and amended according to the following procedure.
   1. Planning Director Action
      ​​​​​​​The Planning Director shall review the designation report and ordinance for conformance to the Application Requirements and provide a report to the Historic Development Commission and City Council that the documents are in conformance with this UDO’s requirements.
   2. Historic Development Commission Recommendation
      The Commission shall forward its recommendation on the report to the City Council. The Council shall refer the report to the State Department of Cultural Resources, Office of Archives and History.
   3. Department of Cultural Resources Action
      ​​​​​​​The Department of Cultural Resources, acting through the State Historic Preservation Officer or designee, may make an analysis of and recommendations concerning the report. If the Department does not submit its written comments or recommendations in connection with any proposed designation within 30 days following a written request for such analysis has been received by the department, the Commission and the City Council shall be relieved of any responsibility to consider such comments.
   4. Historic Development Commission and City Council Joint Public Hearing
      1. The Historic Development Commission and the City Council shall hold a joint public hearing on the report and proposed ordinance.
      2. Notice of the hearing shall be published at least once in a newspaper generally circulated within the City. Written notice of the hearing shall also be mailed by the Historic Development Commission to all owners and occupants of properties whose identity and current mailing address can be ascertained by the exercise of reasonable diligence.
      3. All such notices shall be published or mailed not less than 10 nor more than 25 days prior to the date set for the public hearing.
      4. The mailed notices in this subsection are for the convenience of property owners and occupants and any defect or their omission therein shall not impair the validity of the public hearing or any action following therefrom.
      5. Following the Joint Public Hearing, the City Council shall refer the proposed ordinance to the Commission for final review and recommendation.
   5. Historic Development Commission Action
      1. Taking into consideration the written comments and recommendations of the Department of Cultural Resources and information received during the Public Hearing, if any, the commission shall make a final recommendation to City Council. The commission may recommend any amendments to the report or ordinance.
      2. Upon adoption of the ordinance or any amendments, the commission shall give written notification of such designation to the owners and occupants of each designated historic property, insofar as reasonable diligence permits.
      3. One copy of the ordinance and each amendment shall be filed by the Historic Development Commission in the office of the County Register of Deeds. Each historic property designated as a historic landmark in the ordinance shall be indexed according to the name of the owner of the property in the grantee and grantor indexes in the Register of Deeds office and the Historic Development Commission shall pay a reasonable fee for filing and indexing. A second copy of the ordinance and of each amendment shall be kept on file in the City Clerk's office and shall be made available for public inspection at any reasonable time. A third copy of the ordinance and each amendment shall be given to the director of the Inspections Department.
      4. Upon adoption of the ordinance or any amendments, the Historic Development Commission shall give notice to the County tax assessor. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the assessor in appraising it for tax purposes. The fact that a building, structure, site, area or object has been designated a Historic Landmark shall be clearly indicated on all tax maps maintained by the County or City for such period as the designation remains in effect.
   6. City Council Action
      Following the joint public hearing and upon receipt of the Commission’s final recommendation, the City Council may adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary or reject the proposal. If the City Council rejects a designation report, a copy of the minutes of the meeting at which such a decision to reject the report was made shall be mailed to the owner of the property proposed for designation.
4. Considerations for Approval
   1. Criteria for Designation
      ​​​​​​​No building, structure, site, area or object shall be recommended for designation as a historic landmark unless it is deemed and found by the Historic Development Commission to be of special significance in terms of its historical, prehistorical, architectural, archaeological and cultural importance and to possess integrity of design, setting, workmanship, materials, feeling and association.
   2. Limitations on Interior Designation and Review
      Jurisdiction of the commission over interior spaces shall be limited to specific interior features of architectural, artistic or historical significance in publicly owned historic landmarks and of privately owned historic landmarks for which consent for interior review has been given by the owner. If an owner's consent has been filed in the office of the County Register of Deeds and indexed according to the name of the owner of the property in the grantee and grantor indexes, such consent shall bind future owners and/or successors in title. The ordinance establishing the historic designation shall specify the interior features to be reviewed and the specific nature of the commission's jurisdiction over those features.

Image

1. Applicability
   The Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council) has the authority to approve a request for a design alternate as set forth in this UDO. Additionally, the Planning Commission or Design Review Commission performing the quasijudicial duties of the Planning Commission (as designated by the City Council) has the authority to approve a request for a design alternate to standards contained within the Raleigh Street Design Manual. All design alternates shall be reviewed in accordance with the provisions of the UDO, including this section and the applicable design alternate findings. Any design alternate approved pursuant to this section shall be incorporated into its corresponding site plan or subdivision approval, and shall expire, if at all, upon expiration of such corresponding site plan or subdivision approval. Design alternates are not available for anything set forth in a zoning condition.
2. Pre-Application Conference
   Before applying for a design alternate, an applicant shall schedule a pre-application conference with the applicable Department Director or their designee to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Department Director or their designee.
3. Application Requirements
   1.  An application for a design alternate shall be submitted in accordance with Sec. 10.2.1.B. A request for a design alternate must be submitted after the first round of review for a development plan or infrastructure construction plans.
   2. An application for a design alternate must be signed and notarized by the property owner in order to initiate a request
   3. The applicant shall submit pertinent material necessary for review; in addition to the submittal material required for a subdivision or site plan. This may include detailed landscape plans, roadway cross-sections, site or subdivision layout, architectural renderings, material samples or other project-specific information.
4. Approval Process
   1. In reviewing the design alternate, the applicable Department Director or their designee shall consult with the heads of the Public Utilities, Engineering Services, Transportation, Parks and Cultural Resources, Development Services and Fire Departments to check the proposed request against the requirements of this UDO and other applicable technical requirements of the City.
   2. Following the submission of a completed application, the Planning Commission or Design Review Commission, performing the quasi-judicial duties of the Planning Commission (as designated by the City Council), shall hold a quasi-judicial evidentiary hearing on the design alternate request that shall be noticed in accordance with the provisions of Sec. 10.2.1.C.
   3. The Planning Commission or Design Review Commission, performing the quasi-judicial duties of the Planning Commission (as designated by the City Council) may approve, approve with conditions, or deny a design alternate request. Each design alternate decision shall be based on the competent, material, and substantial evidence in the record establishing compliance with the standard applicable to the design alternate request. The standards required for the approval of design alternates from the UDO are set forth in the following sections:
      1. Sec. 1.5.6.D (Build-To)
      2. Sec. 1.5.8.C. (Pedestrian Access)
      3. Sec. 1.5.9.C. (Transparency)
      4. Sec. 1.5.10. (BlankWall)
      5. Sec. 1.5.12.C. (Garage)
      6. Sec. 3.3.3.C. (Building Massing)
      7. Sec. 7.1.7.I. (Vehicle Parking Lot) and
      8. Sec. 7.2.3. (Landscaping and Screening).
      9. Article 7.4. (Site Lighting)
      10. Sec. 8.3.2., 8.3.4. and 8.3.5. (Blocks, Lots and Access)
      11. Section 8.4 (New and Existing Streets)
      12. Section 8.5 (Street Cross Sections)
5. Showings for the Raleigh Street Design Manual
   The Planning Commission or Design Review Commission performing the quasi judicial duties of the Planning Commission (as designated by the City Council) shall conduct a duly noticed, quasi-judicial evidentiary hearing and approve a design alternate from the provisions of the Raleigh Street Design Manual upon a showing of all of the findings set forth below:
   1. The approved design alternate is consistent with the intent of the Raleigh Street Design Manual (if applicable);
   2. The approved design alternate does not increase congestion or compromise safety;
   3. The approved design alternate does not create additional maintenance responsibilities for the City;
   4. The approved design alternate has been designed and certified by a Professional Engineer, or such other design professional licensed to design, seal and certify the alternate;
   5. The approved design alternate will not adversely impact stormwater collection and conveyance; and
   6. The design alternate is deemed reasonable due to one or more of the following:
      1. Given the existing physical environment, including but not limited to the following, compliance is not physically feasible:
         1. an existing building would impede roadway expansion; or
         2. transitioning from a different street section; or
      2. The burden of compliance is not reasonable given the size of the site or intensity of the development.

Image

1. Applicability
   Those landowners desiring the protections granted by N.C. Gen. Stat. §160D-108.1 may, at their own option, request the City Council to hold a public hearing on a site plan.
2. Application Requirements
   An application for a vested right determination shall be submitted in accordance with Sec. 10.2.1.B.
3. City Council Action
   1. Following notice as required in Sec. 10.1.8., the City Council shall hold a quasi-judicial public hearing as set forth in Sec. 10.2.1.D.1.
   2. The City Council may impose conditions and terms on any site plan for which a vested rights hearing has been requested by the landowner.
   3. Before a request for a vested right is granted, the City Council must find that all of the following are met:
      1. The approved site plan complies with all applicable provisions of this UDO and other applicable technical requirements of the City.
      2. If the approved site plan was conditionally approved upon the obtaining of any governmental approval and or street closing, such governmental approvals and street closings were in fact obtained.
      3. Access with respect to pedestrian, bicycle and automotive safety, traffic flow and emergency service is adequate.
      4. The lot upon which the site plan is located complies with approved subdivision plans for the site.
      5. The site plan coordinates with existing and planned public facilities, such as and without limitation:
         1. Stormwater drainages structures;
         2. Public utilities;
         3. Street and sidewalk and on-street parking;
         4. Parks, greenways and governmental recreational facilities;
         5. Fire stations and community service facilities;
         6. Trash collection; and
         7. Transit stops and facilities.
   4. Approval of a vested rights site plan with the condition that a variance or special use permit be obtained shall not confer a vested right unless and until the necessary variance or special use permit is obtained. In all other instances, the approved plan shall be deemed vested upon approval by the City Council. The City Council shall not require landowners to waive their vested rights as a condition of approval of the plan.
4. Action Following Approval
   1. Following the vesting of a site plan, the landowners and their successors shall be entitled to submit to Development Services, final plans, together with any valid building permit applications of the total area of any section or phase of the approved vested plan, within a period of not more than 2 years after the approval of the vested site plan.
   2. If submissions were timely made and if within 3 years after approval of building permit applications, at least ½ of the total floor area gross shown on the vested plan is completed, building permit applications for the remaining portions of the vested site plan for which no previous valid building permit applications has been filed, shall be processed by the City for an additional period not exceeding 5 years from the approval date of the plan.
   3. Following the approval or conditional approval of a vested site plan, nothing in this section shall exempt such plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, the UDO existing at the time of approval and subsequent laws as permitted in Sec. 10.2.19.D.5. below.
   4. If noncompliance is discovered, revocation of the site plan and remedies authorized by Article 10.4. Enforcement may be undertaken by the City, notwithstanding the vesting of the site plan.
   5. Site plans which are vested under this section shall be subject to new or amended zoning regulations as allowed by State law and such vested rights shall terminate for any of the reasons stated in N.C. Gen. Stat. §160D-108.1(e).

1. Definition
   1. A Streetscape Plan sets forth specific roadway and streetscape requirements within a defined geographic area.
2. Applicability
   1. Requests for a Streetscape Plan may be made by the City Council or a property owner within the intended area of application.
   2. The entirety of the right-of-way width up to the centerline along the property’s frontage shall be included as part of the Streetscape Plan request.
   3. Any new development activity and any addition or repair subject to the requirements of Sec. 10.2.5. and Sec. 10.2.8. must meet street type and streetscape standards of any adopted Streetscape Plan for streets abutting the subject property within the adopted Streetscape Plan. When a development plan proposes the construction of a new street or expansion of an existing street the requirements of the adopted Streetscape Plan apply.
3. Modification of Standards
   1. An adopted Streetscape Plan allows for the modification of any standard set forth in Articles 8.4 and 8.5, however no Streetscape Plan can be used to modify regulations related to Private Streets.
   2. The requirements of Articles 8.4 and 8.5 are intended to serve as minimum standards. Where a Streetscape Plan adopted before September 1, 2013 sets a lesser width standard for any streetscape component, the standard in Articles 8.4 and 8.5 shall prevail.
4. Pre-Application Conference
   Before a member of the public may submit an application for a Streetscape Plan, the applicant shall schedule a pre-application conference with the Planning Director to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Planning Director.
5. Pre-Submittal Neighborhood Meeting
   1. A pre-submittal neighborhood meeting is required for all applications for a Streetscape Plan except where the City is the applicant. The applicant shall provide an opportunity to meet with nearby property owners and residents. The location of the neighborhood meeting must be at, or in reasonable proximity to, the proposed Streetscape Plan area.
   2. The required neighborhood meeting must be conducted prior to submittal of the Streetscape Plan. The meeting may not occur more than 6 months prior to the submittal of the application.
   3. Notice of the neighborhood meeting must be provided in accordance with Sec. 10.2.1.C.1., however the applicable radius shall be measured 100 feet from the right-of-way boundary along both sides of the street for the entire length of the proposed Streetscape Plan area.
   4. A report of the meeting, made by the applicant, shall be included with the Streetscape Plan application given to Planning. The report shall include at a minimum, a list of those persons and organizations contacted about the neighborhood meeting, the date, time and location of the meeting, a roster of the persons in attendance at the meeting and a summary of issues discussed at the meeting.
6. Application Requirements
   1. An application for a Streetscape Plan shall be submitted in accordance with the general application requirements of Sec. 10.2.1.B.
   2. At a minimum the application shall include:
      1. Map showing the geographic extent of the Streetscape Plan, including:
         1. Street names;
         2. Address and/or tax parcel identification numbers (PINs) for all abutting properties;
         3. Zoning designations for all included properties; and
         4. Location and description of existing conditions that may be impacted by the streetscape plan improvements such as infrastructure, buildings, structures, utilities, and easements.
      2. Written description of proposed Streetscape Plan including purpose and intent;
      3. Comprehensive street cross-section(s) detailing components and minimum widths of sidewalks, travel lanes, bike lanes, multi-use paths, etc.;
      4. Plan detailing the application of specific street cross-sections and other relevant elements;
      5. Maintenance plan for the care of non-standard streetscape elements (if applicable); and
      6. Other information or documentation as requested by staff.
   3. In addition to any modification set forth in 10.2.19.C., the application may include and/or specify:
      1. Sidewalk and/or pavement materials;
      2. Construction details;
      3. Street furniture types, including sidewalk light fixtures, benches, garbage receptacles, tree guards and grates, and other furnishings if applicable; and
      4. Planting species, planting detail, and location of plantings.
   4. Except for Streetscape Plans initiated by the City, signature of all property owners of the linear property frontage abutting all rights-of-way included in the designated Streetscape Plan area.
7. Approval Process
   1. Planning Director Action
      1. The Planning Director shall review the Streetscape Plan application in accordance with subsections b. and c. below and provide a report and recommendation to the Design Review Commission.
      2. The Planning Director shall consult with the heads of the departments of Public Utilities, Transportation, Engineering Services, Parks, Recreation, and Cultural Resources, and Fire to check the proposed Streetscape Plan against the requirements of the UDO and other applicable technical requirements of the City.
      3. The following is a non-exhaustive list of considerations the Planning Director may consider when reviewing a Streetscape Plan application:
         1. Consistency with the Comprehensive Plan;
         2. Consistency with the stated purpose and intent of the UDO and Raleigh Street Design Manual;
         3. Consistency with other right-of-way programs and adopted plans;
         4. Impact on property in the vicinity of the Streetscape Plan area;
         5. Impact on the maintenance responsibilities of the City;
         6. Impact on congestion;
         7. Impact on functionality of transportation network for all users;
         8. Impact on stormwater collection and conveyance;
         9. Safety of roadway and streetscape users;
         10. Compatibility with adjacent or nearby roadway and streetscape projects;
         11. Compatibility with existing infrastructure and development patterns;
         12. Appropriate transitions between adjacent street and roadway elements;
         13. Contribution to the unique character or identity of an area through use of public art, landscaping, and/or other treatments;
         14. Inclusion and consideration of environmentally responsible development practices; and
         15. The application is reasonable and in the public interest.
   2. Planning Commission Action
      1. Upon acceptance of the Streetscape Plan application, the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) shall hold a legislative hearing on the request. Public notice of the legislative hearing shall be provided in accordance with Sec. 10.1.8. For mailed notice, the applicable radius shall be measured 100 feet from the right-of-way boundary along both sides of the street for the entire length of the proposed Streetscape Plan area.
      2. When conducting a review of a Streetscape Plan application, the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted, and any other applicable adopted plan.
      3. Within 60 days after receipt of the proposed application, the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) shall provide a written report to the City Council. If no recommendation is made within this time period and if no extension is granted, the City Council may nonetheless take action on the application without further involvement of the Design Review Commission.
      4. The Commission’s written report to the City Council shall contain its recommendation, which addresses the proposed plan’s consistency and other matters it deems appropriate.
   3. City Council Legislative Hearing and Action
      1. Following the recommendation of the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) or expiration of the applicable Design Review Commission review period without a recommendation, the City Council shall schedule a legislative hearing.
      2. A public hearing date shall be set within 60 days of receiving the Commission's written report.
      3. Notice of the hearing shall be given in accordance with Sec. 10.1.8. For mailed notice, the applicable radius shall be measured 100 feet from the right-of-way boundary along both sides of the street for the entire length of the proposed Streetscape Plan area.
      4. At the hearing, the Planning Director shall present the request, including the recommendation and comments of the Commission, if any. If the request was submitted by a member of the public, those in favor of the Streetscape Plan will be allowed a total of 8 minutes to explain their support and those opposed shall be allowed a total of 8 minutes to explain their opposition. The Council, in its discretion, may grant an equal amount of additional time to each side.
      5. The City Council shall approve, approve as revised, deny or send the proposed Streetscape Plan back to the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) or Planning Director for additional consideration.
      6. When adopting or rejecting any Streetscape Plan, the City Council shall approve a brief statement describing whether its action is consistent or inconsistent with the Comprehensive Plan.
   4. Modifications to a Submitted Streetscape Plan Application
      The applicant may modify the regulations and/or specifications contained in the Streetscape Plan application at any time, however, an expansion of the geographic extent of the Streetscape Plan area shall be considered a new application requiring full compliance with this section. 
8. Modifications to an Adopted Streetscape Plan
   1. Except as listed in subsection 2. below, modifications to an adopted Streetscape Plan shall be considered a new application requiring full compliance with this section.
   2. Modifications to the signage elements of an adopted Streetscape Plan may be allowed as a minor amendment and shall follow the process set forth in Section 10.2.21. Custom Signage Plan, excluding the applicability criteria set forth in 10.2.21.B.2. and 3. Upon approval of the minor amendment, the signage elements of the adopted Streetscape Plan shall be replaced by the adopted Custom Signage Plan.
9. Design Alternates to an Approved Streetscape Plan
   Pursuant to Sections 10.2.17.E., Design Alternates are permitted to the standards of any Streetscape Plan adopted before June 4, 2024.

1. Definitions and Applicability
   1. Definitions. The following definitions apply in this Sec. 10.2.20:
      1. Development - The planning for or carrying out of a building activity, the making of a material change in the use or appearance of any structure or property, or the dividing of land into two or more parcels. When appropriate to the context, "development" refers to the planning for or the act of developing or to the result of development. Reference to a specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this item.
      2. Public facilities – Major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.
   2. Applicability. The City may enter into a development agreement with a developer for the development of property as provided in this section for developable property of any size. Development agreements shall be for a reasonable term specified in the agreement.
2. Pre-Application Conference
   Before submitting a draft development agreement, an applicant should schedule a pre-application conference with the Planning Director to discuss the scope of the proposed development agreement.
3. Development Agreement Provisions and Requirements
   1. The development agreement shall, at a minimum, include the following:
      1. A description of the property subject to the agreement and the names of its legal and equitable property owners.
      2. The duration of the agreement. However, the parties are not precluded from entering into subsequent development agreements that may extend the original duration period.
      3. The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design.
      4. A description of public facilities that will serve the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development. In the event that the development agreement provides that the City shall provide certain public facilities, the development agreement shall provide that the delivery date of such public facilities will be tied to successful performance by the developer in implementing the proposed development, such as meeting defined completion percentages or other performance standards.
      5. A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions agreed to by the developer that exceed existing laws related to protection of environmentally sensitive property.
      6. A description, where appropriate, of any conditions, terms, restrictions, or other requirements for the protection of public health, safety, or welfare.
      7. A description, where appropriate, of any provisions for the preservation and restoration of historic structures.
      8. A specified term of years governing the duration and expiration of the agreement.
      9. Identify the adopted plan or adopted CIP project included in the proposed development agreement.
   2. A development agreement may also provide that the entire development or any phase of it be commenced or completed within a specified period of time. If required otherwise in this UDO, or in the agreement, the development agreement shall provide a development schedule, including commencement dates and interim completion dates at no greater than five year intervals. The developer may request a modification in the dates as set forth in the agreement.
   3. If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the development agreement. A local or regional utility authority may also be made a party to the development agreement.
   4. The development agreement also may cover any other matter, including defined performance standards, not inconsistent with this this UDO or state law. The development agreement may include mutually acceptable terms regarding provision of public facilities and other amenities and the allocation of financial responsibility for their provision, provided any impact mitigation measures offered by the developer beyond those that could be required by the City pursuant to G.S. 160D-804 shall be expressly enumerated within the agreement, and provided the agreement may not include a tax or impact fee not otherwise authorized by law.
   5. The development agreement may, by ordinance, be incorporated, in whole or in part, into any development regulation adopted by the City. A development agreement may be considered concurrently with a rezoning or TCZ affecting the property and development subject to the development agreement. A development agreement may be concurrently considered with and incorporated by reference with a preliminary plat required under a subdivision regulation or a site plan or other development approval required under this UDO. If incorporated into a conditional district, the provisions of the development agreement shall be treated the same as UDO requirements in the event of the developer's bankruptcy.
   6. Consideration of a proposed major modification of the agreement shall follow the same procedures as required for initial approval of a development agreement. What changes constitute a major modification may be determined by Sec. 10.2.4.H.1., 2., and 3. or as provided for in the development agreement.
   7. Any performance guarantees under the development agreement shall comply with Art. 8.1. of this UDO.
4. Approval Process
   1. Planning Director Action
      1. The Planning Director shall review the proposed development agreement in light of the considerations for Planning Director Review in Sec. 10.2.4.F. In reviewing the proposed development agreement, the Planning Director shall consult with the heads of the departments of Public Utilities, Transportation, Engineering Services, Parks and Cultural Resources, Development Services, Fire and the City Attorney to check the proposed development agreement against the requirements of the UDO, state law and other applicable technical requirements of the City.
      2. Following review, the Planning Director shall prepare a report and forward the proposed development agreement to the City Council for setting the legislative hearing.
   2. Legislative Hearing by City Council
      1. Following the review and report from the Planning Director, the City Council shall conduct a legislative hearing on the proposed development agreement. Notice of the hearing shall be given in accordance with Sec. 10.1.8. and must specify the location of the property subject to the development agreement, the development uses proposed on the property, and must specify a place where a copy of the proposed development agreement can be obtained.
      2. The presiding officer shall open the legislative hearing. Those in favor of the development agreement will be allowed a total of 8 minutes to explain their support and those against the development agreement will be allowed a total of 8 minutes to explain their opposition. Additional time may be allowed by the City Council, but must be the same amount of time for those in support and against.
   3. City Council Action
      1. During and following, the legislative hearing, revisions may be made to the proposed development agreement within 30 days following the public hearing date, provided that any change to the development agreement is submitted to City Planning at least 10 calendar days before the date of the meeting at which the City Council’s final vote.
      2. If the development agreement is being considered concurrently with and incorporated into a conditional district ordinance or TCZ, then the procedures set forth in Section 10.2.4 shall be followed, in addition to those required by this section, including, but not limited to, Planning Commission review.
5. Reserved for future codification
6. Recordation
   The developer shall record the agreement with the register of deeds in the county where the property is located within 14 days after the City and developer execute an approved development agreement. No development approvals may be issued until the development agreement has been recorded. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.
7. Vesting
   1. Unless the development agreement specifically provides for the application of subsequently enacted laws, the laws (including this UDO) applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement.
   2. Except for grounds specified in G.S. 160D-108(c) or G.S. 160D-108.1(f), the City shall not apply subsequently adopted ordinances or development policies to a development that is subject to a development agreement.
   3. In the event State or federal law is changed after a development agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the development agreement, the City may modify the affected provisions, upon a finding that the change in State or federal law has a fundamental effect on the development agreement.
8. Expiration
   1. An approved development agreement shall expire as provided in the agreement, including any extension thereof, approved in writing consistent with this section.

1. Definition
   1. A Custom Signage Plan sets for specific signage regulations within a defined geographic area. The Custom Signage Plan can identify sign types, dimensions, locations, quantities, materials, technologies, and other elements/characteristics.
2. Applicability
   1. A request for a Custom Signage Plan can only be initiated by a property owner within the intended area of application.
   2. The property or properties subject to the Custom Signage Plan must be zoned Planned Development District or Campus District or satisfy a. through c. below:
      1. Minimum of 8 acres in size; and
      2. A development constructed to accommodate at least:
         1. 3 non-residential establishments; and
         2. 100 dwelling units as part of a Household Living use or 100 rooms as part of an Overnight Lodging use.
      3. Meet at least one of the following criteria:
         1. Zoned with an Urban Frontage; or
         2. Front on an approved Streetscape Plan; or
         3. Located within a City Growth Center or Frequent Transit Area as designated in the Comprehensive Plan.
   3. A Custom Signage Plan may be submitted prior to satisfying all of the applicability criteria in subsection 2, however, in no instance shall a sign permit be issued pursuant to the Custom Signage Plan until all criteria are satisfied.
   4. Within the defined geographic area, new signage and signage that is no longer legally nonconforming under Sec. 7.3.17 must comply with the Custom Signage Plan.
3. Modification of Standards
   1. A Custom Signage Plan allows for the modification of any of the following sign regulations:
      1. Section 7.3.2., Signs Allowed by District (excluding Off-Premise signs)
      2. Section 7.3.4., Wall Signs
      3. Section 7.3.5., Projecting Signs
      4. Section 7.3.6. Awning, Gallery, Marquee Signs
      5. Section 7.3.7., Window Signs
      6. Section 7.3.8., Low Profile Ground Signs
      7. Section 7.3.9., Medium Profile Ground Signs
      8. Section 7.3.10., High Profile Ground Signs
      9. Section 7.3.11., Tract Signs
      10. Section 7.3.12., A-Frame Signs
      11. Section 7.3.13., Special Sign Types, excluding subsections F., H., J., L., and N.
      12. Section 7.3.16.B., Maximum Signage
   2. A Common Signage Plan is not required in conjunction with a Custom Signage Plan.
   3. All other standards of this UDO shall control unless otherwise included in the Custom Signage Plan.
4. Pre-Application Conference
   Before a member of the public may submit an application for a Custom Signage Plan, the applicant shall schedule a pre-application conference with the Planning Director to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Planning Director.
5. Pre-Submittal Neighborhood Meeting
   1. A pre-submittal neighborhood meeting is required for all applications for a custom signage plan except where the City is the applicant. The applicant shall provide an opportunity to meet with nearby property owners and residents. The location of the neighborhood meeting must be at, or in reasonable proximity to, the proposed Custom Signage Plan area. 
   2. The required neighborhood meeting must be conducted prior to submittal of the Custom Signage Plan. The meeting may not occur more than 6 months prior to the submittal of the application.
   3. Notice of the neighborhood meeting must be provided in accordance with Sec. 10.2.1.C.1., however the applicable radius shall be measured 100 feet from the proposed Custom Signage Plan area.
   4. A report of the meeting, made by the applicant, shall be included with the Custom Signage Plan application given to Planning and Development. The report shall include at a minimum, a list of those persons and organizations contacted about the neighborhood meeting, the date, time and location of the meeting, a roster of the persons in attendance at the meeting and a summary of issues discussed at the meeting.
6. Application Requirements
   1. An application for a Custom Signage Plan shall be submitted in accordance with the general application requirements of Sec. 10.2.1.B.
   2. At a minimum the application shall include:
      1. Map showing the geographic extent of the Custom Signage Plan, including:
         1. Street names;
         2. Address and/or tax parcel identification numbers (PINs) for all included properties;
         3. Zoning designations for all included properties; and
         4. Location and description of existing conditions.
      2. Written description of proposed Custom Signage Plan including purpose and intent;
      3. Inventory of existing signage;
      4. Permitted Sign Types including the following elements as applicable:
         1. Dimensions;
         2. Quantities;
         3. Locational criteria;
         4. Materials;
         5. Technology; and
         6. Other elements/characteristics
      5. Maximum Signage;
      6. Prohibited Sign Types;
      7. Comparison of Custom Signage Plan to the base allowances of the UDO; and
      8. Treatment of existing and/or nonconforming signage.
   3. Signature of all property owners within the designated Custom Signage Plan area. 
7. Additional Limitations
   1. No low, medium or high profile ground sign, or tract identification sign shall exceed 15 feet in height, or have more than 5 lines of copy per sign.
   2. No low, medium or high profile ground sign, or tract identification sign shall exceed 100 square feet in sign area.
   3. For wall signs; projecting signs; awning, gallery and marquee; crown signs; no maximum sign area, size or height may be increased more than 100% from the maximums established in Article 7.3. Signs for that sign type.
   4. Public street signs are allowed to have non-standard supports if a written agreement is submitted to and approved by the City.
8. Intra-Development Signs
   1. An adopted Custom Signage Plan may provide for a sign to a business, commodity, attraction, profession, service or entertainment conducted, sold, offered, manufactured, existing or provided at a location other than the premises where the sign is located or to which it is affixed, so long as:
      1. The sign and the business, commodity, attraction, profession, service or entertainment so advertised are both located within the same development;
      2. The sign is within 1/8 mile or 660 feet from the business, commodity, attraction, profession, service or entertainment (determined by a straight line from the sign to the establishment); and
      3. The sign is maintained by a property owners association for which the owners of both the advertising lot and the lot upon which the sign or structure is located or affixed are members. Such signage or structures shall be designated as common property under the governing documents of the property owners association, and are designated on-premise signs for purposes of this UDO.
9. Approval Process
   1. Planning Director Action
      1. The Planning Director shall review the Custom Signage Plan application in accordance with subsection b. below and provide a report and recommendation to the Design Review Commission.
      2. The following is a non-exhaustive list of considerations the Planning Director may consider when reviewing a Custom Signage Plan application:
         1. Consistency with the Comprehensive Plan;
         2. Consistency with the stated purpose and intent of the UDO;
         3. Impact on property in the vicinity of the Custom Signage Plan area;
         4. Safety of roadway and streetscape users;
         5. Compatibility with existing development and signage in the Custom Signage Plan area;
         6. Sign types permitted or prohibited as compared to the underlying zoning district(s); 
         7. Maximum signage increase or decrease as compared to the underlying zoning district(s);
         8. Use of color, materials, and technologies;
         9. Unique character or quality of the Custom Signage Plan area justifying the request;
         10. Contribution to the unique character, history, or identity of an area through cohesive design; and
         11. The application is reasonable and in the public interest.
   2. Planning Commission Action
      1. Upon acceptance of the Custom Signage Plan application, the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) shall hold a legislative hearing on the request. Public notice of the legislative hearing shall be provided in accordance with Sec. 10.1.8. For mailed notice, the applicable radius shall be measured 100 feet from the centerline of the street for the entire length of the proposed Custom Signage Plan area.
      2. When conducting a review of a Custom Signage Plan application, the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted, and any other applicable adopted plan.
      3. Within 60 days after receipt of the proposed application, the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) shall provide a written report to the City Council. If no recommendation is made within this time period and if no extension is granted, the City Council may nonetheless take action on the application without further involvement of the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council).
      4. The Commission's written report to the City Council shall contain its recommendation, which addresses the proposed plan’s consistency and other matters it deems appropriate.
   3. City Council Legislative Hearing and Action
      1. Following the recommendation of the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) or expiration of the applicable Commission review period without a recommendation, the City Council shall schedule a legislative hearing.
      2. A public hearing date shall be set within 60 days of receiving the Commission's written report.
      3. Notice of the hearing shall be given in accordance with Sec. 10.1.8. For mailed notice, the applicable radius shall be measured 100 feet from the centerline of the street for the entire length of the proposed Custom Signage Plan area.
      4. At the hearing, the Planning Director shall present the request, including the recommendation and comments of the Commission, if any. If the request was submitted by a member of the public, those in favor of the Custom Signage Plan will be allowed a total of 8 minutes to explain their support and those opposed shall be allowed a total of 8 minutes to explain their opposition. The Council, in its discretion, may grant an equal amount of additional time to each side.
      5. The City Council shall approve, approve as revised, deny or send the proposed Custom Signage Plan back to the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) or Planning Director for additional consideration.
      6. When adopting or rejecting any Custom Signage Plan, the City Council shall approve a brief statement describing whether its action is consistent or inconsistent with the Comprehensive Plan.
   4. Modifications to a Submitted Custom Signage Plan Application
      The applicant may modify the regulations and/or specifications contained in the Custom Signage Plan application at any time during the review process. However, an expansion of the geographic extent of the Custom Signage Plan area shall be considered a new application requiring full compliance with this section.
10. Modifications to an Adopted Custom Signage Plan
    Modifications to an adopted Custom Signage Plan shall be considered a new application requiring full compliance with this section.

1. Public Safety
   Repairs required for public safety because of unsafe conditions or by either the Housing Code or North Carolina State Building Code may be made in any amount unless the repairs are caused by a casualty, in which case the provisions of Sec. 10.3.2.G. or Sec. 10.3.3.G. shall apply in lieu of this provision.
2. Reservation of Authority
   Notwithstanding the policies and provisions of this Article with respect to nonconformities, the City expressly reserves its authority to initiate criminal and civil proceedings against unlawful uses, buildings, structures and lots, including those which unlawfully existed here before and to control or abate noxious uses, to require the repair or demolition of unsafe buildings or structures or to control or eliminate public health nuisances through the exercise of any powers authorized by the City Code and the North Carolina General Statutes.
3.  Right-of-Way and Easement Acquisition
   Public acquisition of rights of way and easements for government initiated projects shall not render a property, including any existing improvements or site elements nonconforming such that their replacement alteration, expansion would be regulated by Art. 10.3. (By way of example, should the public acquisition result in a structure being located closer to a public right-of-way than permitted by the applicable building setback, the review of any development permit application for the replacement, alteration and/or expansion shall impose a setback equal to the new distance of the structure from the expanded right-of-way.) Existing site elements shall include landscaping, tree conservation, forestation, open space, protective yards and those site elements listed in Sec.10.3.4., located on the property at the time of right-of-way or easement acquisition by the government

1. Authority to Continue
   1. Subject to the provisions of this Article or any amortization provision, any lawfully existing nonconforming use may continue in operation on the same land area and on the same floor area of the structure that was occupied by the nonconforming use on the date the use first became a nonconforming use. The continuation of a nonconforming use shall not be constructed to permit an increase in the number of dwelling units or a reduction of land area to the number of dwelling units.
   2. Subject to the provisions of this Article or any amortization provision, any lawfully existing nonconforming structure may continue to occupy the same land area within the existing configuration and size of the structure which existed on the date the structure first became a nonconforming structure.
2. Ordinary Repair and Maintenance
   Normal maintenance and incidental repair or replacement, installation or relocation of non-bearing walls or non-bearing partitions, adding facilities to improve handicapped accessibility, painting, energy conservation, fencing and landscaping, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use; provided, however, that this paragraph shall not be deemed to authorize any violation of Sec. 10.3.2.C. through Sec. 10.3.2.G. Expenditures in any amount may be to either bring the nonconformity into full compliance with this UDO or to amortize the nonconformity.
3. Extensions
   A nonconforming use shall not be extended, expanded, enlarged or increased in intensity, unless a special use permit is issued by the Board of Adjustment for such extension or expansion. Such prohibited activity shall include, without being limited to:
   1. Extension of the use to any structure or land area other than that occupied by the nonconforming use on September 1, 2013, or any amendment to this UDO that causes a use of the property to become otherwise nonconforming.
   2. Extension of the use within a building or other structure to any portion of the floor area that was not occupied by the nonconforming use on September 1, 2013, or when an amendment to this UDO causes the use to become otherwise nonconforming.
   3. Operation of the nonconforming use in such a manner as to conflict with this UDO, or to further conflict with this UDO, if already conflicting as of September 1, 2013, or any amendments to this UDO is applied to the property, any use limitations established for the district in which the use is located.
   4. New construction, reconstruction or structural alteration except those described as ordinary repair and maintenance in Sec. 10.3.2.B. above.
   5. Extensions of the use to any new construction, enlargement or additions other than that occupied by the nonconforming use on September 1, 2013, or any amendment to this UDO that causes a use of the property to become otherwise nonconforming.
4. Relocation
   1. No structure that is devoted in whole or in part to a nonconforming use shall be relocated in whole or in part to any other location on the same or any other tract or lot unless the entire structure and the use of the structure shall
      conform to all the regulations of the district to which the structure and use are relocated.
   2. No nonconforming use of land shall be relocated in whole or in part to any other location on the same or any other lot unless such use conforms to all the regulations of the district to which the use of land is relocated.
5. Change in Use
   A nonconforming use of land or of a structure shall not be changed to any use other than a use permitted in the zoning district in which the land or structure is located. When a nonconforming use has been changed to a permitted use, it
   shall only be used thereafter for a use permitted in the zoning district in which it is located. For purposes of this paragraph, a use shall be deemed to have been changed when an existing nonconforming use has been terminated and the permitted use has commenced and continued for a period of 7 days.
6. Abandonment or Discontinuance
   1. When a nonconforming use of land or a nonconforming use of part or all of a structure is discontinued, vacated or abandoned for a period of 365 consecutive days or more, the use shall not be reestablished or resumed.
   2. Operation of any nonconforming use without a license or permit required of the owner or operator, for 365 consecutive days, shall constitute a termination of the nonconforming use.
   3. Following the abandonment or discontinuation of a nonconforming use, any subsequent use or occupancy of land or structure shall comply with the regulations of the zoning district in which the land or structure is located.
7. Damage or Destruction
   1. In the event that a conforming structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 50% of the replacement cost of the structure immediately prior to such damage, such structure shall not be restored unless the structure and the use will conform to all regulations of the district in which the structure and use are located or unless a special use permit is issued by the Board of Adjustment for such restoration.
   2. In the event that a conforming structure that is devoted in whole or in part to a nonconforming use is damaged or partially destroyed, by exercise of eminent domain riot, fire, accident explosion, flood, lightning, wind or other
      calamity or natural cause to the extent of 50% or less of the replacement cost of the structure immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes and degree as it was before the damage or destruction, provided that such repair or reconstruction is commenced with a valid building permit within 12 months of the date of such damage or destruction.
   3. If a nonconforming use is located within an Airport Overlay District, the following shall apply:
      1. No renovation, maintenance or repair shall be made if the damage or destruction is more than 80% of its replacement cost immediately prior to such damage, unless the nonconformity is brought into  compliance with this UDO; or
      2. A special use permit is issued by the Board of Adjustment for such restoration and the restoration does  not create a greater hazard to navigation than the previously existing nonconformity.
   4. Replacement cost shall be determined by either:
      1. The median value based Square Foot Costs established by the most recent edition of Building Construction Cost Data published by R.S. Means; or 
      2. The most recent tax value for building as reported in the county tax office where the property is located. The property owner shall decide which of the 2 methods for determining replacement cost is to be used.
   5. The percent of damage shall be calculated by using the selected replacement value of the entire structure as the denominator and by using the selected replacement value of the damaged portion of the structure as the numerator. The same method used to determine replacement value for the denominator must be used.

1. Applicability
   This section applies to all nonconforming principal structures and not to nonconforming accessory buildings, accessory structures, fences, signs, off-street parking, vehicular surface areas, private access points and outdoor lighting (see Sec. 10.3.4.).
2. Authority to Continue
   Subject to the provisions of this Article or any amortization provision, any lawfully existing nonconforming structure may continue to occupy the same land area within the existing configuration and size of the structure which existed on the date the structure first became a nonconforming so long as it remains otherwise lawful.
3. Ordinary Repair and Maintenance
   1. Normal maintenance and incidental repair or replacement, installation or relocation of non-bearing walls or non-bearing partitions, adding facilities to improve handicapped accessibility, energy conservation, painting, fencing and landscaping, wiring or plumbing, may be performed on any nonconforming structure; provided, however, that this paragraph shall not be deemed to authorize any violation of Sec. 10.3.3.C. through Sec. 10.3.3.F. Expenditures in any amount may be to either bring the nonconformity into full compliance with this UDO or to amortize the nonconformity.
   2. Repairs maintenance and renovations to nonconforming residential buildings (detached house, attached house, townhouse and apartment) used exclusively for household living as set forth in Sec. 6.2.1. may be made in any
      amount and for any purpose except as restricted by Sec. 10.3.3.D. or Sec. 10.3.3.G.1. below.
4. Enlargement
   Any nonconforming structure used for a conforming use may be enlarged or altered in any amount; provided, however, that no enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure, and the enlargement or alteration complies with all requirements and regulations of this UDO.
5. Relocation
   No nonconforming structure shall be relocated in whole or in part to any other location on the same or any other lot unless the entire structure conforms to the regulations of the district to which such structure is relocated.
6. Voluntary Demolition
   Nothing shall be deemed to permit the reconstruction of any part of a nonconforming structure or building that has been voluntarily demolished except in full conformity with the provisions of the UDO.
7. Damage or Destruction
   1. In the event that a nonconforming structure that is devoted in whole or in part to a conforming use is damaged or partially destroyed, by exercise of eminent domain, riot, fire, accident, explosion, flood, lightning, wind or other calamity or natural cause to the extent of more than 50% of the replacement cost of the structure immediately prior to such damage, such structure shall not be restored unless the structure and the use will conform to all regulations of the district in which the structure and use are located or unless a special use permit is issued by the Board of Adjustment for such restoration.
   2. In the event that a nonconforming structure that is devoted in whole or in part to a conforming use is damaged or destroyed, by any means other than voluntary demolition, to the extent of 50% or less the replacement cost of the structure immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes and degree as it was before the damage or destruction, provided that such repair or reconstruction is commenced with a valid building permit within 12 months of the date of such damage or destruction.
   3. If the nonconforming structure is located within an Airport Overlay District, the following shall apply:
      1. No renovation, maintenance or repair shall be made if the damage or destruction is more than 80% of its replacement cost immediately prior to such damage, unless the nonconformity is brought into compliance with this UDO; or 
      2. A special use permit is issued by the Board of Adjustment for such restoration and the restoration does not create a greater hazard to navigation than the previously existing nonconformity.
   4. Replacement cost shall be determined by either:
      1. The most recent edition of Building Construction Cost Data published by R.S. Means; or
      2. The most recent tax value for building as reported in the county tax office where the property is located.  The property owner shall decide which of the 2 methods for determining replacement cost is to be used.
   5. The percentage of damage shall be calculated by using the selected replacement value of the entire structure as the denominator and by using the selected replacement value of the damaged portion of the structure as the numerator. The same method used to determine replacement value for the denominator must be used.
   6. Nothing in this paragraph shall prevent the rebuilding, reconstruction or restoration of the same structure because such structure fails to conform to the standards of a Neighborhood Conservation Overlay District.
8. Replacement of Manufactured Homes
   Replacement of nonconforming manufactured homes that fail to meet the minimum standards of the National Manufactured Home Construction and Safety Standards shall be permitted, provided that all of the following are met:
   1. The replacement manufactured home meets the current minimum required standards as prescribed by the United States Department of Housing and Urban Development (HUD).
   2. The newly installed manufactured home, if located in a special flood hazard area, complies with the provisions of Article 9.3. Special Flood Hazard Area Regulations.
   3. That the period of time between the time the nonconforming manufactured home is removed and the time it is replaced with a standard manufactured home is less than 365 days.
   4. The number of manufactured homes is not increased.
   5. The floor area gross of the new manufactured home does not exceed the floor area gross of the manufactured home it replaced by more than 25%.

Subject to the provisions contained in this section and all other applicable provisions of this UDO, one or more of the following activities and improvements can be made to nonconforming accessory buildings, accessory structures, outdoor lighting, fences, walls, signs, off-street parking, vehicular surface areas and private access points. Improvements and activities that are not explicitly authorized by in this section are not allowed. The following allowed activities and improvements can be initiated without the issuance of a special use permit by the Board of Adjustment.

1. Renovation, Ordinary Maintenance and Repair
   1. The cost of renovation and ordinary maintenance and repair to any nonconforming accessory building, accessory structure, fence, walls, vehicular surface area, private access point and outdoor lighting shall not during any 1 calendar year exceeds 15% of the tax value of the zoning nonconforming site element in the county where the property is located, or the original cost of the nonconforming site element if there is no listed tax value.
   2. The limitation on expenditures established here does not apply to Sec. 10.3.4.B. through Sec. 10.3.4.G. below.
   3. Ordinary maintenance and repair shall be limited to work necessary to maintain and correct any damage, other than caused by casualty, or deterioration to the structural soundness or features of an accessory building, accessory structure, fence, vehicular surface area, private access point or outdoor lighting.
   4. For damage to any nonconformity that is caused by any casualty, the provisions of Sec. 10.3.4.B. below apply in lieu of this provision.
   5. The regulations for ordinary maintenance and repair of nonconforming signs are set forth in Sec. 7.3.17.
2. Casualties
   The rebuilding, reconstruction or restoring of any nonconforming accessory building, accessory structure, fence, walls, vehicular surface area, private access point and outdoor lighting which was damaged or partially destroyed by a casualty, which includes the exercise of eminent domain, riot, fire, accident, explosion, lightning, flood, wind or other calamity or natural act, is allowed provided all of the following conditions are met: 
   1. The cost of rebuilding, reconstructing and restoring the nonconforming site element is less than 50% of either its listed property tax value of the nonconforming site element in the county where the property is located or, if there is no listed property tax value, the original cost of the nonconforming site element.
   2. The nature and degree of the nonconformity is not expanded, extended or increased from that which existed prior to the damage or destruction, nor is it altered or changed except as otherwise allowed as a renovation in Sec. 10.3.4.A. above.
      1. Reconstruction and repair is commenced with a valid building permit within 12 months of the date of such damage or destruction.
      2. If the cost of the rebuilding, reconstruction or restoration will be 50% or more of either the listed property tax value of the nonconforming site element in the county where the property is located or if there is no listed property tax value the original cost of the nonconforming site element, the nonconforming accessory building, accessory structure, fence, vehicular surface area, private access point or outdoor lighting shall not be rebuilt, reconstructed or restored except in compliance with this UDO.
3. Expansions
   Additions to the number of off-street parking spaces and expansions to vehicular surface areas shall be governed by Article 7.1. Parking. In addition, expansions to vehicular surface areas to serve any zoning nonconforming use shall in addition to these standards be subject to all the requirements of Sec. 10.3.6.A.3.
4. Resumptions
   Any nonconforming site element which is discontinued, unused or unoccupied for a continuous period of 365 days or more may not be restarted, resumed or reoccupied. Unless the owner has been compensated for the total loss of the nonconforming site element, and notwithstanding anything contained herein this UDO to the contrary, including the foregoing, where such discontinuance is due to a government funded and initiated project, nonconforming site elements may be reinstalled, or replaced, like-for-like, subject to the safety standards of this UDO pertaining to site triangles, pedestrian safety and flood prevention, provided the site element reinstallation or replacement occurs within 180 days of project completion. 
5. Substitution of Impervious Surfaces 
   Substitution of impervious surfaces for 1 use, facility, building or structure, vehicular surface area or access point to another provided all of the following are met:
   1. The amount and extent of impervious surfaces is not increased.
   2. The placement of those new impervious surfaces conforms to the requirements of this UDO.
   3. The impervious surface is for a lawful activity.
6. Zoning Nonconformities Brought Into Compliance
   Expenditures to bring any nonconforming accessory building, accessory structure, fence, wall, sign, off-street parking, vehicular surface areas, private access point or outdoor lighting into full compliance with the City Code are allowed in any amount. The owner may secure any permit or approval and make any alteration that will bring the zoning nonconformity into full compliance.
7. Amortizing a Nonconformity
   Expenditures required by this UDO to remove a nonconforming site element or bring it into conformity with the UDO are permitted in any amount.

1. Authority to use For Single-Unit Living or Two-Unit Living
   In any district in which a single-unit living detached house or two-unit living attached house is allowed as a permitted use, notwithstanding the regulations imposed by any other provisions of this UDO, a single-unit living detached house, or tiny house, or two-unit living attached house or tiny house which complies with the restrictions of Sec. 10.3.5.B. below may be erected on a nonconforming lot that:
   1. Has less than the prescribed minimum lot area, depth, or width; and
   2. Is shown by a recorded plan or deed to have been a lot of record owned separately and individually from adjoining tracts of land at a time when the creation of a lot or tract of such area, width, and depth at such location would not have been prohibited by any building type requirement, zoning or other ordinance.
2. Regulations for Single- Unit Living or Two-Unit Living Use of Nonconforming Lots
   A nonconforming lot authorized to be used pursuant to Sec. 10.3.5.A. above may be used for a single-unit living detached house or tiny house, or two-unit living attached house or tiny house and permitted accessory uses and structures. Construction of the single-unit living detached house or tiny house, or two-unit living attached house or tiny house shall comply with all the regulations, except lot area, depth, or width, applicable to the detached, tiny or attached house in the district in which the lot is located, unless a variance is granted pursuant to Sec. 10.2.10. 

1. Special Use Permit Required
   All special use permits authorized in this section shall be processed, noticed and heard in accordance with Sec. 10.2.9. After the issuance of a special use permit by the Board of Adjustment in accordance with Sec. 10.3.6.B., one or more of the
   following activities can be made to a zoning nonconformity.

   1. Repair and maintenance work not authorized by either Sec. 10.3.2.B. or Sec. 10.3.3.C.

   2. Fixing and replacing damage and destruction authorized by Sec. 10.3.2.G.1. and Sec. 10.3.2.G.3. and by Sec. 10.3.3.G.1. and Sec. 10.3.3.G.3.b.

   3. The expansion, extension or alteration of a nonconforming use or vehicular surfaces serving a nonconforming use (including nonconforming principal use parking facilities) when all of the following are met:

      1. ​​​​The expansion, extension or alteration complies with all requirements of this UDO including but not limited to: height, bulk, setback, off-street parking, impervious surface coverage and access.

      2. The expansion, of a nonconforming use does not, singularly or collectively, exceed 25% of the total gross area occupied by the original nonconforming use. If the original nonconforming use occupied a portion of a building and that building has not been enlarged since the establishment of the nonconformity, that original nonconforming use may be extended beyond 25% within the interior portions of the building.

   4. The change of an existing nonconforming use to another nonconforming use provided that all of the following are met:

      1. The use will have no greater adverse effect on the surrounding property in terms of automobile or truck traffic, on-street parking, noise, stormwater, vibration and hours of nighttime operation than the existing use.

      2. Any change to a limited use or special use complies with applicable requirements of Chapter 6. Use Regulations.

      3. The proposed substitute nonconforming use is allowed in the zoning district of the highest classification in which the existing nonconforming use would be a conforming use. The determination of the classification of the use shall be based on Planning Director.

      4. Once a nonconforming use is changed to a higher classification, it may not thereafter be changed to a nonconforming use of a lower classification, including a change back to the original nonconforming use.

      5. The substitution of a nonconforming impervious surface for another, the replacement of a substandard nonconforming manufactured home and the change of use of a nonconforming use to a conforming use may all be done without a special use permit from the Board of Adjustment if the applicable provisions of Sec. 10.3.4.E., Sec 10.3.3.H., Sec. 10.3.3.C.1. and Sec. 10.3.2.B. are met.

   5. The relocation onto its same premise of either a nonconformity or a nonconforming private access point, is allowed; provided the relocation reduces the extent of the nonconformity and more closely conforms to the standards contained in this UDO.

   6. The enlargement or alteration of any nonconforming structure used for a conforming use that creates an additional nonconformity or increases the degree of the existing nonconformity is allowed provided the enlargement or alteration of all or any part of such structure, does not exceed, singularly or collectively, 25% of the floor area gross of the original nonconforming structure, and the enlargement or alteration complies with all other requirements and regulations of this UDO.

2. ​​​​​​​Showings for Granting Special Use Permit for Nonconformities

   1. ​​​​​​​Before a request for the special use permit is granted, the Board of Adjustment must show that all of the following are met:

      1. ​​​​​​​The applicable standards of this section have been met;

      2. All of the showings of Sec. 10.2.9.E. have been met; and

      3. The requested repair, reconstruction, expansion, change of use to a different nonconforming use or relocation will not be injurious to property or improvements in the affected area.

   2. ​​​​​​​In acting upon a petition for a special use permit, the Board cannot order the discontinuance or termination of the nonconformity.

   3. If a special use petition is denied, the continuation of the nonconformity and the activities allowed in Sec. 10.3.2. and Sec. 10.3.3. without a special use permit is still allowed unless otherwise prohibited by law. This policy is adopted to encourage the owners of nonconformities to apply for special use permits to improve and bring into conformance to the extent possible their property

       

1. Each of the following are declared to be violations of the Raleigh City Code:
   1. Any person owning, leasing, using, managing or occupying any building, sign, structure or land where there is placed, removed, altered, expanded or there now exists any thing contrary to Chapter 1. Introductory Provisions through Chapter 7. General Development Standards and Chapter 11. Building and Housing Code; any regulation, rule or order adopted pursuant to the applicable chapter; any certificate of appropriateness, conditional use, special use permit or variance issued pursuant to this UDO; or a lawful plan approved under this UDO.
   2. Any architect, designer, engineer, agent or any other person who acts in concert, participates, directs or assists in the creation or continuation of a violation of Chapter 1. Introductory Provisions through Chapter 7. General Development Standards and Chapter 11. Building and Housing Code; any regulation, rule or order adopted pursuant to this UDO; any certificate or appropriateness, conditional use, special use permit or variance issued pursuant to this UDO; or a lawful plan approved under this UDO.
   3. Any builder, contractor or any other person who shall erect, expand, relocate, reconstruct, alter or use any land, structure, sign, tree or building contrary to Chapter 1. Introductory Provisions through Chapter 7. General Development Standards and Chapter 11. Building and Housing Code; any regulation, rule or order adopted pursuant to this UDO; any certificate of appropriateness, conditional use, special use permit or variance issued pursuant to this UDO; or a lawful plan approved under this UDO.
   4. Any person, who shall fail, neglect or refuse to do any act as required by Chapter 1. Introductory Provisions through Chapter 7. General Development Standards and Chapter 11. Building and Housing Code; any regulation, rule or order adopted pursuant to this UDO; any certificate of appropriateness, conditional use, special use permit or variance issued pursuant to this UDO; or a lawful plan approved under this UDO.
2. The term “lawful plan” as used here shall mean a site plan, Master Plan, Neighborhood Plan, Streetscape Plan, or Custom Signage Plan. 
3. The terms contrary to or violation of a lawful plan include the establishment, creation, expansion, alteration, relocation, occupancy or continuation of any use, building or structure for which a plan is required except in accordance with the terms, conditions and provisions of the approved lawful plan.
4. The enumeration of these declared violations shall not be deemed exclusive or all-inclusive. All persons who shall commit violations shall be held responsible and shall be subject to the penalties and remedies provided in Sec. 1.1.10. and Sec. 10.4.2. Each day’s continuing violation shall be a separate and distinct violation or offense.

1. General
   1. Any act constituting a violation of Chapter 1. Introductory Provisions through Chapter 7. General Development Standards and Chapter 11. Building and Housing Code shall subject the offender to a civil penalty to be recovered by the City in a civil action in the nature of a debt or as otherwise provided herein if the offended fails to pay the penalty within 48 hours from and after receipt of a citation of a violation.
   2. All violations shall be subject to a civil penalty in the amount of $100 unless a higher amount is otherwise specified in this UDO; continuous violations shall be subject to a civil penalty in the amount specified in subsection E., below.
2. Citation Contents
   A zoning violation citation shall, among other things:
   1. State upon its face the amount of the penalty for the specific violation if the penalty is paid within 48 hours from and after issuance of the citation.
   2. Notify the offender that a failure to pay the penalty within the prescribed time shall subject the offender to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the court.
   3. Further provide that the offender may answer the City zoning citation by mailing the citation and the stated penalty to Post Office Box 590, Raleigh, North Carolina 27602 or may pay the amount at the cashier's window on the fourth floor, One Exchange Plaza.
   4. That the penalty must be either paid or the failure to pay must be cleared with the City, within 48 hours of the issuance of the citation. The notice shall further state that if the zoning violation citation is not cleared within 48 hours, court action by the filing of a civil complaint for collection of the penalty may be taken. As used upon the zoning violation citation, the word "cleared" shall mean either:
      1. Payment;
      2. Arrangement for payment to be made; or
      3. A prima facie showing to the City that the zoning citation was received as a result of mistake,  inadvertence or excusable neglect.
3. Settlement of Civil Claim
   1. The City is authorized to accept payment in full and final settlement of the claim or claims, right or rights of action which the City may have to enforce such penalty by civil action in the nature of debt.
   2. Acceptance of a penalty shall be deemed a full and final release of any and all claims or right of action arising out of contended violations, only if the activities or non-activities which gave rise to the violations are abated or otherwise made lawful.
4. Additional Penalty
   A penalty of $25, in addition to the one imposed for payment within 48 hours, shall apply in those cases in which the penalties prescribed in this section have not been paid within the prescribed 48 hour period and in which a civil action shall have been instituted.
5. Civil Penalties for Continuing Violations
   1. No civil penalty shall be levied against the same person for the same continuing violation at the same location more than once unless and until the City shall provide to the person to be assessed continuing civil penalties a written notice containing the following:
      1. The nature of the violation;
      2. An order directing corrective action;
      3. The date when corrective measures must be completed; and 
      4. A statement that failure to correct the violation by the specified date will result in the assessment of additional civil penalties and other enforcement action.
   2. If after the allotted time period for corrective measures has expired and corrective action has not been completed, a civil penalty shall be assessed in the amount of $500 per day of continuing violation. Each day's continuing violation shall be a separate and distinct violation or offense.
   3. Written notices may be served by personal service or by registered or certified mail, return receipt requested. When service is made by registered or certified mail, a copy of the notice may also be sent by first class mail. Service by first class mail shall be deemed sufficient if:
      1. The registered or certified mail is unclaimed or refused, but the first class mail is not returned by the post office within 10 days after the mailing; and
      2. The City has reasonable grounds to believe that the address used for the first class mailing is an address that will actually reach the person to be served.
   4. If first class mail is used, a notice of the pending proceedings shall also be posted in a conspicuous place on the premises where the violation exists.
   5. If the identities or whereabouts of persons are unknown and cannot be ascertained by the City in the exercise of reasonable diligence, then the notice may be served by publication in a newspaper having general circulation in the City. The notice shall be published at least once and publication shall occur no less than 30 days prior to the deadline for corrective action contained in the notice. When the notice is served by publication, a copy of the notice shall also be posted in a conspicuous place on the premises where the violation exists.

Any person who shall commit a violation of Chapter 1. Introductory Provisions through Chapter 7. General Development Standards and Chapter 11. Building and Housing Code, receives official notice from the City of the violation and fails to remedy the violation within the time period specified such that a zoning violation citation is issued shall be subject to an administrative fee of $100 in addition to any other charge. The enlargement or alteration of any nonconforming structure used for a conforming use that creates an additional nonconformity or increases the degree of the existing nonconformity is allowed provided the enlargement or alteration of all or any part of such structure, does not exceed, singularly or collectively, 25% of the floor area gross of the original nonconforming structure, and the enlargement or alteration complies with all other requirements and regulations of this UDO.

1. Showings for Granting Special Use Permit for Nonconformities
   1. Before a request for the special use permit is granted, the Board of Adjustment must show that all of the following are met:
      1. The applicable standards of this section have been met;
      2. All of the showings of Sec. 10.2.9.E. have been met; and
      3. The requested repair, reconstruction, expansion, change of use to a different nonconforming use or relocation will not be injurious to property or improvements in the affected area.
   2. In acting upon a petition for a special use permit, the Board cannot order the discontinuance or termination of the nonconformity.
   3. If a special use petition is denied, the continuation of the nonconformity and the activities allowed in Sec. 10.3.2. and Sec. 10.3.3. without a special use permit is still allowed unless otherwise prohibited by law. This policy is adopted to encourage the owners of nonconformities to apply for special use permits to improve and bring into conformance to the extent possible their property.