CHAPTER 10. ADMINISTRATION

Article 10.2. Review Procedures

Sec. 10.2.1. Common Review Procedures

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.
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.
  1. Applications for administrative development approvals may be made by the property owner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the property owner. An easement holder may also apply for an administrative development approval for such development as is authorized by the easement.
  2. Applications for quasi-judicial approvals may be submitted by either the property owner (the holder of the title in fee simple) or one of the following individuals, if authorized by the property owner to make the application: a person holding a valid option to purchase the property; a person holding a valid lease for the property; or a person holding a valid contract to purchase the property.
  3. Absent evidence to the contrary, the City may rely on the county tax records to determine who is a property owner.
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 No refund of the fee or any part of the fee shall be made unless the application is withdrawn prior to a hearing.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.
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.C 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 the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by the local development regulation. See N.C.G.S. 160D-406(b).
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 and landmark designations, 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 be delivered by personal delivery, electronic mail, or first-class mail to the applicant, property owner, and any person who has submitted a written request for a copy prior to the date the decision becomes effective.
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.

TC Number

TC-3-24

Ordinance Number

828 TC 494

Sec. 10.2.2. Comprehensive Plan Amendment

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.
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.
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.
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 a recommendation, the City Council shall conduct a public 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. 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.
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.

Sec. 10.2.3. UDO Text Changes

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.
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.
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.
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. 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.
  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.
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.

Sec. 10.2.4. Rezoning

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.
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.
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.
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. 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 for the designation of or amendment to an -HOD-G and or -HOD-S district not filed by the City, must be signed by all of the property owners within the area proposed new or amended 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 Historic Development Commission shall refer the report to the North Carolina Department of Natural and Cultural Resources.
  3. The Department of Natural and 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 Natural and 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.E.
  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.
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.
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.
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.
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.

TC Number

TC-3-24

Ordinance Number

828 TC 494

Sec. 10.2.5. Subdivision Review

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.
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.
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.
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.
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.
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 from any nitrogen reduction and stormwater runoff control measures or facilities.
    11. 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.
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. 10.2.1.D. 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.

TC Number

TC-3-24

Ordinance Number

828 TC 494

Sec. 10.2.6. Non-Subdivision Final Plat and Recorded Instruments

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.
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.
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.
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.
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.

Sec. 10.2.7. Miscellaneous Zoning Permits

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. Miscellaneous (Omnibus) Signs
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.
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.
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.
Expiration
An approved miscellaneous zoning permit shall expire 1 year after the date of approval if a building permit application has not been filed.

Sec. 10.2.8. Site Plan Review

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, xi, xiii, and xv, and 10.2.8.B.2.a.iii and v.

Site Plan Tier Categories

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

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
Greenway Easement Dedication	Chapter 8	--	--	•
Right of way dedication	Chapter 8	--	--	•
Road widening/construction/utilities	Chapter 8	f	f	•
Curb and gutter	Chapter 8	--	--	•
Sidewalk	Chapter 8	b	b	•
Tree lawn/Street trees	Chapter 8	b	b	•
Transit infrastructure	Article 8.11	--	c	•
Bus Shelter	Article 8.11	--	c	•
Key: -- = Not Applicable • = Applicable Footnotes: a - Not applicable to the existing improvements on the site at the time of site plan review. b - Required only when the site is located in the DX district or subject to an urban frontage. c - Not applicable to a change in use of an existing building[s]. d - Applicable if demolition and reconstruction of an entire structure is proposed. e - Applicable to establishing a civic use on vacant property and any Tier One or Two Site Plan involving the total demolition of all buildings on site, excluding like-for-like reconstruction. f - Art. 8.7 Utilities is applicable if the development is voluntarily connecting to city water or city sewer for the first time. g - Screening requirements as described in Sec. 7.2.5 and Sec. 7.2.6 are applicable.

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

Sec. 10.2.9. Special Use Permit

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.
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.
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.
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.
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.
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.
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.
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.

Sec. 10.2.10. Variance

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.
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.
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.
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. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.
  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 is not 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.
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.
Expiration of Variance
A variance shall expire after 24 months from the date of approval of the written decision by the Board of Adjustment unless: (i) work authorized by the variance has substantially commenced; or (ii) the use/or and structure to which the variance applies were previously in existence prior to the requested variance. For uncompleted projects which were timely commenced pursuant to this Section, a variance expires if the development work is thereafter intentionally and voluntarily discontinued for a period of not less than 24 consecutive months. This 24-month discontinuance period may be automatically tolled in the event of litigation, in accordance with 160D-108(d).

Sec. 10.2.11. Appeal of an Administrative Decision

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.
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.
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.
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.
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.
Appeals from the Board of Adjustment are to Wake County Superior Court pursuant to N.C. Gen. Stat. § 160D-1402.

Sec. 10.2.12. Common Signage Plan

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.
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.
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.
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.
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.
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.

Sec. 10.2.13. Temporary Use Permit

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.
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.
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.
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.
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.

Sec. 10.2.14. Written Interpretation

Applicability
The Zoning Administrator is authorized to make interpretations concerning the provisions of this UDO.
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.
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.
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.

Sec. 10.2.15. Certificate of Appropriateness

Jurisdiction
1. The Certificate of Appropriateness Committee (hereinafter “COA Committee”) has jurisdiction for certificates of appropriateness for the exterior of all properties within the -HOD-G and -HOD-S.
2. The COA Committee has jurisdiction for certificates of appropriateness for the exterior of Historic Landmarks within Raleigh’s zoning jurisdiction.
3. The COA Committee has jurisdiction for certificates of appropriateness for all designated interior spaces of Historic Landmarks within Raleigh’s zoning jurisdiction.
4. Per North Carolina Session Law 1993-168, the Historic Development Commission has delegated to the Certificate of Appropriateness Committee its jurisdiction to issue certificates of appropriateness for all matters listed in 10.2.15(A)(1)–(3) above.
Expiration of Certificate of Appropriateness
1. A certificate of appropriateness shall expire 12 months after decision is filed with the Clerk to the COA Committee or approved administratively by staff unless the work authorized by the certificate has substantially 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 12 months after the effective 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.
Application
1. An application for a Certificate of Appropriateness shall be submitted in accordance with the general application requirements of Sec. 10.2.1.B. The application must be accompanied by sketches, drawings, photographs, specifications, descriptions and other information of sufficient detail as described on the form to clearly show the proposed exterior alternations, additions, changes, new construction, or alternations to designated interior features of Historic Landmarks. Multiple copies of the application shall be provided when so required by the instructions on the form provided by the City. Applications that are deemed incomplete by staff are not considered filed and will be held until required materials are provided.
2. Staff may advise the applicant and make recommendations with regard to appropriateness based upon the adopted historic development standards.
3. The applicant must be either the property owner of the subject property or one of the following individuals authorized by the property owner to make the application:
  1. a person holding a valid option to purchase the property;
  2. a person holding a valid lease for the property; or
  3. a person holding a valid contract to purchase the property.

Approval Process

Deadline
Applications for certificates of appropriateness shall be reviewed and acted upon within 180 days from the date the application for a certificate of appropriateness is filed, as defined by this regulation. The COA Committee may take the matter under advisement 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.

Minor Works
Upon receipt of a completed application, the Planning Director may issue a certificate of appropriateness for minor works.

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 table below.

Minor Works List

Accessory structures (non-character-defining only): Removal of

Accessory structures under 12 feet in all directions (length, width, or height): Construction/Installation of

Accessory structures with no expansion of building footprint: Alteration of

Additions to accessory structures, where the total remains under 12 feet in all directions (height, width, length): Construction of

Additions to a primary structure 50 sq. ft. or less (rear only): Construction/installation of

Appurtenant features and accessory site features such as arbor, water feature, pergola, trellis, detached fireplace (non-character-defining only): Alteration/Construction/Installation/Removal of

Architectural details (non-character-defining only): Alteration/Construction/Installation/Removal of

Awnings/canopies: Alteration/Construction/Installation/Removal of

Carports/porte cocheres (non-character-defining only): Alteration/removal of

Chimneys (non-character-defining only): Alteration/Construction/Installation/Removal of

Decks that align with the main floor: Alteration/Construction/Installation/Removal of

Doors/door openings/trim (non-character-defining only): Alteration/removal of

Doors/door openings/trim on non-character-defining facades: Alteration/Construction/Installation/Removal of

Driveways: Alteration/Construction/Installation/Removal of

Exterior surfaces (non-character-defining only): Alteration/Construction/Installation/Removal of

Fences/walls 6’ in height or less: Alteration/Construction/Installation/Removal of

Foundations: Alteration of

Gutters and downspouts: Alteration/Construction/Installation/Removal of

Hedges or other screen plantings: Alteration/Construction/Installation/Removal of

Lighting fixtures: Alteration/Construction/Installation/Removal of

Mailboxes: Alteration/Construction/Installation/Removal of

Parking lots: Alteration/removal of

Part of a structure (non-character-defining): Removal of

Patios: Alteration/Construction/Installation/Removal of

Porches: Alteration of

Porches (non-character-defining only): Removal of

Railings, front step: Alteration/Construction/Installation/Removal of

Ramps/lifts: Alteration/Construction/Installation/Removal of

Roof coverings: Alteration of

Shutters: Alteration/Construction/Installation/Removal of

Signs: Alteration/Construction/Installation/Removal of

Skylights: Alteration/Construction/Installation/Removal of

Solar collectors: Alteration/Removal of

Solar collectors (on non-front-sloping roofs and not over historic roofing material): Construction/Installation of

Stairs and steps: Alteration/Construction/Installation/Removal of

Storefronts or features (non-character-defining only): Alteration/Construction/Installation/Removal of

Storm doors and storm windows: Alteration/Construction/Installation/Removal of

Swimming pools: Alteration/Construction/Installation/Removal of

Trees with a combined stem girth of 10 inches and greater in diameter, measured 4-1/2 feet above ground level when a replacement tree of similar species, mature height, and canopy coverage is proposed: Removal of

Utility equipment, such as mechanical units, electric vehicle charging units, and meters, satellite dishes and/or antennas: Alteration/Construction/Installation/Removal of

Vents (non-character-defining only): Alteration/Construction/Installation/Removal of

Walks: Alteration/Construction/Installation/Removal of

Windows/window openings/sash/trim (non-character-defining only): Alteration/removal of

Windows/window openings/sash/trim on non-character-defining facades: Alteration/Construction/Installation/Removal of

Changes to Certificates of Appropriateness that if, standing alone, would qualify as a Minor Work.

Renewal of expired Certificates of Appropriateness, except those issued with a demolition delay.

Work Items not listed here for which a clear citation can be made for congruity with the historic district or landmark using the associated historic development standards.

Procedure
1. Applications for minor works shall be reviewed by the Planning Director according to the applicable historic development standards.
2. Staff will refer Minor Work projects to the COA Committee for review if in staff’s judgment the change involves alterations, additions, or removals that are substantial, do not meet the design standards, or are of a precedent-setting nature.
3. A report of the approved certificates of appropriateness for minor works shall be forwarded to the COA Committee, for its information, at its next regularly scheduled meeting.
4. 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 COA Committee—no application for a certificate of appropriateness may be denied without formal action by the COA Committee.
5. Appeals of administrative decisions to approve a Minor Work are heard by the COA Committee. Notice of appeal shall be filed with the Department of City Planning and Development within 30 days after the date the application for Minor Works was affirmatively decided.

Major Works
1. The Planning Director shall prepare a report and transmit the application for a certificate of appropriateness, together with the supporting material, to the review body for its consideration.
2. Following notice as required in Sec. 10.1.8 and Sec. 10.2.1.C, the COA Committee shall hold a quasi-judicial public hearing as set forth in Sec. 10.2.1.D.1.
3. Interior arrangement shall not be considered by the COA Committee 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.
4. The COA Committee shall not refuse to issue a certificate of appropriateness except for the purpose of preventing the changes outlined in 5.4.1.C.2 in the –HOD-G, -HOD-S or for Historic Landmarks, which would be incongruous with the special character of the district or Landmark.
5. The COA Committee 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.
6. In all proceedings before the COA Committee with regard to an application for a certificate of appropriateness, the burden of producing substantial, competent and material evidence or testimony is upon the applicant and if the applicant fails to do so, the COA Committee shall deny the certificate.
7. Notwithstanding any other provisions of this UDO, the COA Committee 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.
8. As part of its deliberation, the COA Committee 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.
9. The COA Committee's action on the application shall be approval, approval with conditions, deferral or denial.
10. Notice of decision shall be provided as required in Sec. 10.2.1.C.6.

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 effective date of such a certificate may be delayed for a period of up to 365 days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the COA Committee 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 COA Committee shall 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 COA Committee finds that the building, structure or site has no special 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 through the COA process or until the City Council takes final action on the designation, whichever occurs first.
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 COA Committee 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.
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.
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.

TC Number

TC-3-24

Ordinance Number

828 TC 494

Sec. 10.2.16. Historic Landmark Designation

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.
Application Requirements
1. Application
  The application form for historic landmark designation and associated designation report shall be submitted in accordance with 10.2.1.B.
2. Designation Reports
  The application form shall be accompanied by an investigation and report on the historic, prehistorical, educational, architectural, and/or cultural significance of each building, structure, site, area or object proposed for designation. Requirements for a designation report are found on the application form.
3. Interior Spaces
  1. Owner consent is required for the designation of interior spaces.
  2. The application must specify the interior features to be included in the designation.
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 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.
Approval Process Ordinances designating Historic Landmarks shall be adopted and amended and rescinded according to the following procedure.
1. Planning Director Action
  1. The Planning Director shall review the application for landmark designation for conformance to the application requirements against the applicable requirements of this UDO and the designation report requirements of the City.
  2. Following review, the Planning Director shall prepare a report and forward to the Historic Development Commission.
  3. During the period of Department of Natural and Cultural Resources review, the Planning Director shall draft a designation ordinance for review by the Historic Development Commission and City Council.
2. Department of Natural and Cultural Resources Review
  The Commission shall review the application and forward the designation report to the State Department of Natural and Cultural Resources, Office of Archives and History. The Department of Natural and 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 on any proposed designation within 30 days from receipt of the investigation and report, the Commission and the City Council shall be relieved of any responsibility to consider the comments.
3. Historic Development Commission Action
  1. The Historic Development Commission shall hold a legislative hearing on the designation report and proposed ordinance.
  2. The legislative hearing shall be noticed in accordance with the provisions of Sec. 10.1.8. and Sec. 10.2.1.C.
  3. Written notice of the hearing shall also be mailed to all owners and occupants of the subject property(ies) whose identity and current mailing address can be ascertained by the exercise of reasonable diligence.
  4. Taking into consideration the criteria for designation, written comments of the Department of Natural and Cultural Resources, and information received during the legislative hearing, if any, the Commission shall make a recommendation to City Council.
4. City Council Action
  1. The City Council shall hold a legislative hearing on the designation report and proposed ordinance.
  2. The legislative hearing shall be noticed in accordance with the provisions of Sec. 10.1.8. and Sec. 10.2.1.C.
  3. Following the legislative hearing, the City Council may adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary, or reject the ordinance. It may also choose to refer the proposed ordinance to the Commission for additional review and recommendation.
Action Following City Council Decision
1. Upon adoption of the ordinance or any amendments, the Commission shall give written notification of the designation to the owners and occupants of each designated historic property within a reasonable time.
2. One copy of the ordinance and each amendment shall be filed 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.
3. 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.
4. A third copy of the ordinance and each amendment shall be given to the local government building inspector.
5. Upon adoption of the ordinance or any amendments, the 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. 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.
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 historic, prehistorical, architectural, educational and/or cultural importance and to possess integrity of design, setting, workmanship, materials, feeling and/or 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 landmark designation ordinance shall specify the interior features to be reviewed and the specific nature of the commission's jurisdiction over those interior features.

TC Number

TC-3-24

Ordinance Number

828 TC 494

Sec. 10.2.17. Design Alternate

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.
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.
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.
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:
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.

Sec. 10.2.18. Vested Rights

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.
Application Requirements
An application for a vested right determination shall be submitted in accordance with Sec. 10.2.1.B.
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.
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).

Sec. 10.2.19. Streetscape Plan

Definition
1. A Streetscape Plan sets forth specific roadway and streetscape requirements within a defined geographic area.
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.
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.
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.
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.
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.
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.
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.
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.

Sec. 10.2.20. Development Agreements

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.
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.
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.
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.
Reserved for future codification
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.
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.
Expiration
1. An approved development agreement shall expire as provided in the agreement, including any extension thereof, approved in writing consistent with this section.

Sec. 10.2.21. Custom Signage Plan

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.

Unified Development Ordinance