Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 21 Effective Date: September 01, 2013 Supp. No. 4 iii. Is applied to an area where at least 75% of the lots are developed. iv. It is located in an area in which the City Council has adopted into Sec. 5.4.3.F. specific neighborhood built environmental characteristics and regulations. b. Within four years following the City Council adoption of specific neighborhood built environmental characteristics and regulations, Planning and Development may accept an application rezone property to a -NCOD. c. Following the City's official acceptance of an application to rezone property to a -NCOD in accordance with Sec. 5.4.3. , 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.F. for the proposed -NCOD. d. If the City Council accepts a rezoning petition to apply a -NCOD, staff shall provide direct mailed notice to all property owners in the proposed overlay district. Additional mailed notice shall be provided in accordance with Sec. 10.2.1.C.1. 6. Additional Requirements for DX- District Applications New applications requesting a DX- District must be for property located contiguous to or directly across the street from an existing DX- District. F. Approval Process 1. Planning and Development Officer Action a. The Planning and Development Officer shall review the application for a proposed rezoning in light of the considerations for Planning and Development Officer Review in Sec. 10.2.4.H. and provide a report to the Planning Commission. The Planning Commission recommendation shall be sent to the City Council in advance of the public hearing. b. In reviewing any required master plan, the Planning and Development Officer shall consult with the heads of the departments of Public Utilities, PublicWorks, Transportation, Parks and Recreation and Fire to check the proposed master plan against the requirements of the UDO and other applicable technical requirements of the City. 2. Planning Commission Action a. Within 45 days following submission of a completed application and City approval of all required technical documents, the Planning Commission shall hold a public meeting on the proposed amendment which shall be noticed in accordance with the provisions of Sec. 10.2.1.C. b. The Planning Commission may refer the application to a work session of the Planning Commission or to 1 of the Planning Commission's committees for additional consideration or the Planning Commission may act upon the application. c. There is no limit on the sets of changes to the conditions following the first deliberation of the application by the Planning Commission. However, no set of changes to the conditions shall be considered and deliberated on by the Planning Commission unless an unsigned draft copy of the new set of conditions has been submitted at least 10 calendar days prior to the date of the scheduled Planning Commission meeting. d. During the review and deliberations of the Planning Commission, specified conditions may be removed or added, zoning districts changed, zoning boundaries altered and specified conditions may be made more or less restrictive. e. Within 90 days after its receipt of the proposed rezoning, the Planning Commission shall make its recommendation to the City Council. Within this time period, the Planning Commission may request extensions of time which may be granted by the City Council. If no recommendation is made within this time period and if no extension is granted, the City Council may take action on the application without further involvement of the Planning Commission. f. A recommendation by the Planning Commission shall include the adoption of a statement describing whether the Planning Commission considers the action taken to be consistent with the Comprehensive Plan and any other officially adopted plan that is applicable and briefly explaining why the action taken is reasonable and in the public interest.

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