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

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

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

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

1. In General

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

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

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

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

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

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

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

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