Sec. 10.2.1. Common Review Procedures

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 No refund of the fee or any part of the fee shall be made unless the application is withdrawn prior to a hearing.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