Unified Development Ordinance

Article 1.1. Legal Provisions

Article 1.1. Legal Provisions aaron.sheppard… Mon, 05/08/2023 - 09:50

Sec. 1.1.1. Title

Sec. 1.1.1. Title aaron.sheppard… Mon, 05/22/2023 - 09:54

The official title of this document is Part 10: Unified Development Ordinance for the City of Raleigh, North Carolina and is referred to throughout this document as "this UDO.”

Sec. 1.1.2. Applicability

Sec. 1.1.2. Applicability aaron.sheppard… Mon, 05/22/2023 - 09:56
  1. This UDO applies to all land, buildings, structures and uses located within the corporate limits and the extraterritorial jurisdiction of the City of Raleigh, North Carolina.
  2. To the extent allowed by law, the provisions of this UDO apply to all land, buildings, structures and uses owned, leased or otherwise controlled by any district, County, State or Federal government agencies.

Sec. 1.1.3. Effective Date

Sec. 1.1.3. Effective Date aaron.sheppard… Mon, 05/22/2023 - 09:57

This UDO was adopted on February 18, 2013 and became effective on September 1, 2013 by Ordinance No. 2013 151 TC 357 (TC-3-12).

Sec. 1.1.4. Purpose and Intent

Sec. 1.1.4. Purpose and Intent aaron.sheppard… Mon, 05/22/2023 - 09:57

This UDO is adopted to preserve, protect and promote the public health, safety and general welfare of residents and businesses in the City. More specifically, this UDO is adopted to achieve the following objectives:

  1. Implement the policies and goals contained within officially adopted plans, including the Comprehensive Plan;
  2. Improve the built environment and human habitat;
  3. Conserve and protect the City’s natural beauty and setting, including trees, scenic vistas and cultural and historic resources;
  4. Ensure that new development conserves energy, land and natural resources;
  5. Protect water quality within watershed critical areas, the general watershed areas of designated water supply watersheds and other watershed districts;
  6. Encourage environmentally responsible development practices;
  7. Promote development patterns that support safe, effective and multi-modal transportation options, including auto, pedestrian, bicycle and transit and therefore minimize vehicle traffic by providing for a mixture of land uses, walkability and compact community form;
  8. Provide neighborhoods with a variety of housing types to serve the needs of a diverse population;
  9. Promote the greater health benefits of a pedestrian-oriented environment;
  10. Reinforce the character and quality of neighborhoods;
  11. Remove barriers and provide incentives for walkable projects;
  12. Protect and promote appropriately located commercial and industrial activities in order to preserve and strengthen the City’s economic base;
  13. Encourage compact development;
  14. Ensure that adequate facilities are constructed to serve new development;
  15. Provide for orderly growth and development of suitable neighborhoods with adequate transportation networks, drainage and utilities and appropriate building sites;
  16. Save unnecessary expenditures of funds by requiring the proper initial construction of transportation networks, sidewalks, drainage facilities and utilities; and
  17. Provide land records for the convenience of the public and for better identification and permanent location of real estate boundaries.

Sec. 1.1.5. Relationship to the Comprehensive Plan

Sec. 1.1.5. Relationship to the Comprehensive Plan aaron.sheppard… Mon, 05/22/2023 - 09:58

The Comprehensive Plan serves as the basic policy guide for development under this
UDO. The policies and action items of the Comprehensive Plan may be amended
from time to time to meet the changing requirements of the City in accordance with
the standards and procedures in Sec. 10.2.2.

Sec. 1.1.6. Minimum Requirements

Sec. 1.1.6. Minimum Requirements aaron.sheppard… Mon, 05/22/2023 - 09:58

The requirements of this UDO are considered to be the minimum requirements for
the promotion of the public health, safety and general welfare.

Sec. 1.1.7. Conflicting Provisions

Sec. 1.1.7. Conflicting Provisions aaron.sheppard… Mon, 05/22/2023 - 09:59
  1. If any provisions of this UDO are inconsistent with similar provisions of State or Federal law, the more restrictive provision shall control, to the extent permitted by law.
  2. Unless otherwise specifically stated herein, conflicts and duplications among portions of this UDO shall be resolved in favor of the more stringent regulation.

Sec. 1.1.8. Severability

Sec. 1.1.8. Severability aaron.sheppard… Mon, 05/22/2023 - 10:00
  1. It is expressly declared that this UDO and each section, subsection, sentence and phrase would have been adopted regardless of whether one or more other portions of the UDO are declared invalid or unconstitutional (See Section 14 1004).
  2. If for any reason any specific condition or regulation of a conditional zoning district ordinance is found to be invalid, it is the intention of this section that such invalidity shall not affect other provisions or applications of the conditional zoning district ordinance. However, when any property owner or their tenant or agents challenge any specific condition or regulation of a conditional zoning district ordinance, then the entire zoning district ordinance shall return to its prior zoning classification upon a finding of invalidity of any specific condition or regulation.

Sec. 1.1.9. City Council Action

Sec. 1.1.9. City Council Action aaron.sheppard… Mon, 05/22/2023 - 10:00

Notwithstanding anything contained herein to the contrary, and pursuant to N.C.G.S. §160A-75, the adoption, amendment, or repeal of any ordinance or development regulation requiring a public hearing under §160D-601 shall be approved upon receipt of no less than five (5) affirmative votes by City Council on the date of introduction or thereafter.

Sec. 1.1.10. Penalties and Remedies

Sec. 1.1.10. Penalties and Remedies aaron.sheppard… Mon, 05/22/2023 - 10:01

Enforcement may be by any one or more of the following methods and the institution of any action under any of these methods shall not relieve any party from any other civil or criminal proceeding prescribed for violations and prohibitions.

  1. Equitable Remedy The City may apply for any appropriate equitable remedy to enforce the provisions of this UDO.
  2. Injunction Enforcement may also be achieved by injunction. When a violation occurs, the City may either before or after the institution of any other authorized action or proceeding, apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction commanding the defendant, or in thecase of counterclaims the plaintiff, to correct the unlawful condition or cease the unlawful use of the property.
  3. Order of Abatement The City may apply for and the court may enter an order of abatement. An order of abatement may direct that buildings or other structures on the property be closed, demolished or removed; that fixtures, furniture or other movable property be removed; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this chapter. Whenever the party is cited for contempt by the court and the City executed the order of abatement, the City shall have a lien, in the nature of a mechanic's and materialman's, on the property for the cost of executing the order of abatement.
  4. Criminal Violations of this UDO shall constitute a misdemeanor or infraction as provided by N.C. Gen. Stat. §14-4 and the maximum fine, term or imprisonment or infraction penalty allowed by law is hereby authorized.

Sec. 1.1.11. Existing Buildings and Structures

Sec. 1.1.11. Existing Buildings and Structures aaron.sheppard… Mon, 05/22/2023 - 10:09

No existing building or structure constructed prior to September 1, 2013 shall be considered a nonconforming structure based on any of the following provisions:

  1. Build-to regulations in Sec. 1.5.6.;
  2. Pedestrian access regulations in Sec. 1.5.8.;
  3. Transparency regulations in Sec. 1.5.9.;
  4. Blank wall regulations in Sec. 1.5.10.; and
  5. Residential garage parking options in Sec. 1.5.12.

Sec. 1.1.12. Adopted Manuals

Sec. 1.1.12. Adopted Manuals aaron.sheppard… Mon, 05/22/2023 - 10:10

The following external manuals contain technical requirements and are maintained by the City and referenced in this UDO:

  1. Addressing Manual;
  2. Guidelines for Land Disturbing Activity;
  3. Design Guidelines for Raleigh Historic Districts and Landmarks dated May 2, 2017;
  4. Private Use of Public Spaces;
  5. Public Utilities Handbook;
  6. Solid Waste Services Design Manual;
  7. Stormwater Management Design Manual;
  8. Street Design Manual dated January 1, 2018; and
  9. Tree Manual.

Sec. 1.1.13. Extraterritorial Representation on Boards and Commissions

Sec. 1.1.13. Extraterritorial Representation on Boards and Commissions aaron.sheppard… Mon, 05/22/2023 - 10:10

Representation shall be provided by appointing at least one resident of the entire extraterritorial planning and development regulation area to the Planning Commission, Board of Adjustment, and Design Review Commission, as well as the Raleigh Historic Development Commission if there are historic districts or designated landmarks in the extraterritorial area.