Unified Development Ordinance

Sec. 11.4.4. Limitations on Issuance of Permits

Sec. 11.4.4. Limitations on Issuance of Permits aaron.sheppard… Wed, 05/24/2023 - 10:01

No building permit shall be issued for work on any new or existing dwelling unless the plans and specifications thereof contain information sufficient to indicate that the work proposed will conform to the provisions of Article 11.6. Housing Code.

  1. No building permit shall be issued for new construction where City water or sewer mains are not available without written approval by the Wake County Health Department of the required water supply or waste disposal systems.
  2. No permit shall be issued to any person who has failed after notice to remedy defective work, or has failed to pay a civil penalty assessed pursuant to this UDO which is due and for which no appeal is pending, or to otherwise comply with the Code of the City of Raleigh, the regulatory codes adopted therein, or the laws of the State of North Carolina.
  3. No licensed contractor shall secure a permit from the Development Services Department for any other person or persons not qualified in accordance with the provisions of the technical codes to do any work covered by the regulatory codes.
  4. No building or flood permit shall be issued during the pendency of an application for the revision of a SFHA boundary of such property unless the proposed construction or filling is permitted under the existing SFHA regulations and also under the revision proposed for the property.
  5. No permit authorized by this UDO shall be issued until the boundaries of any natural resource buffer yard, any open space area, any riparian surface waterbuffers, and any tree protection adjacent to or encompassing a work site
    are clearly and accurately demarked by a protective fence in the field. The
    location and extent of all authorized land-disturbing activities shall be similarly
    demarcated for so long as any land-disturbing activity continues.
  6. Reserved for future use.
  7. If the Raleigh Historic Development Commission has voted to recommend designation of an area as an Historic Overlay District, or if the Wake County Historic Preservation Commission has voted to recommend designation of a property as an historic landmark (or, to the extent that the Wake County Historic Preservation Commission does not have jurisdiction, if the Raleigh Historic Development Commission has voted to recommend designation of a property as an historic landmark), the demolition or destruction of any building, site, or structure located in the proposed district or on the property of the proposed historic landmark may be delayed by the commission with jurisdiction for a period of up to 180 days or until the City Council takes final action on the designation, whichever occurs first. Should the Council approve the designation prior to the expiration of the 180-day delay period, an application for a certificate of appropriateness for demolition must then be requested.
  8. No building permit will be issued on any parcel of a parent tract when forestry has occurred on the parent tract within the last 5 years and the 32-foot and 65-foot wide perimeter buffers set forth in Article 9.1. Tree Conservation, were not preserved.