Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 5 – 15 Effective Date: September 01, 2013 Supp. No. 4 Article 5.4. Character Protection Overlays | CHAPTER 5. ​OVERLAY DISTRICTS Sec. 5.4.3. ​Neighborhood Conservation District (-NCOD) Sec. 5.4.3. Neighborhood Conservation District (-NCOD) A. Applicability 1. No building, structure, lot boundary, dwelling unit, vehicular surface area, street right-of-way or greenway shall be constructed, established, moved, alter, changed or increased in size or number within a -NCOD except in conformity with the regulations contained in this section for the adopted -NCOD. 2. All lots and structures existing at the time that the -NCOD is first applied to the property shall not be deemed a zoning nonconformity solely because of this overlay district. 3. All additions, changes, expansions and alterations to existing structures, impervious surfaces and uses must comply with the regulations of the -NCOD, unless the Board of Adjustment approves a special use permit under Sec. 10.2.9. allowing the addition, change, expansion or alteration. 4. In addition to the showings required by Sec. 10.2.9.E.4. through 8. , all of the following standards shall be met: a. The expansion does not, singularly or collectively, exceed 25% of the total gross floor area of the building or use existing at the time the -NCOD overlay zoning district regulations were first applied to the property. b. The building or use existed at the time the -NCOD overlay zoning district regulations requirements were first applied to the property. c. The requested activity complies with all requirements and regulations of this UDO other than the -NCOD overlay zoning district regulations. 5. Nothing shall be deemed to permit the reconstruction—similar or different, whole or in part—of a building, improvement or use existing at the time the -NCOD overlay zoning regulations were first applied to the property that has been voluntarily demolished or discontinued. Voluntarily torn down buildings and improvements or discontinued uses shall be replaced with buildings, improvements and uses that comply with the regulations of the -NCOD. B. Locational Guidelines Except for applications filed by the City or otherwise authorized by the City Council, Planning and Development 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 can be excluded when determining the minimum 15 acre requirement; 2. Is signed by a majority 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; and 4. It is located in an area in which the City Council has adopted into Sec. 5.4.3.D. specific neighborhood built environmental characteristics and regulations. C. Designation of a -NCOD 1. Within 4 years following the City Council adoption of specific neighborhood built environmental characteristics and regulations, Planning and Development may accept an application to rezone property to a -NCOD. 2. Following the City's official acceptance of an application to rezone property to a -NCOD, no construction permit shall be issued or subdivision or recombination be approved by the City during the pendency of the application to amend the Official Zoning Map unless the proposed construction or the proposed subdivision or recombination meets all of the provisions of the existing zoning district, and also the adopted neighborhood built environmental characteristics and regulations contained in Sec. 5.4.3.D. for the proposed -NCOD. D. Approval Process Application to rezone a property to a -NCOD shall be in accordance with the following process. 1. Submittal of a petition to the City Clerk requesting City Council consideration for a neighborhood built environmental characteristics and regulations analysis. The petition shall define the study area, provide evidence to support that the area complies with the locational guidelines and identify the specific built environmental characteristics and regulations to be analyzed. Prior to the petition being scheduled for the City Council meeting, Planning and Development shall be granted a 2-week period to review the adequacy of the petition and prepare a compliance report consistent to accompany the City Council’s receipt of the petition. 2. Following City Council’s review of the petition, the City Council shall

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