Unified Development Ordinance, 4th supplement, September 2017
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 22 Effective Date: September 01, 2013 Supp. No. 4 CHAPTER 10. ADMINISTRATION | Article 10.2. Review Procedures Sec. 10.2.4. Rezoning g. The Planning Commission shall make its recommendation to the City Council in writing. The Planning Commission shall recommend that the request be approved, approved as revised or denied. h. In no case shall changes to the conditions be accepted following an action by the Planning Commission and prior to the Planning Commission's Certified Recommendation being received by the City Council, other than non-substantive, technical revisions to the text of the conditions. i. For conditional use zoning cases, all conditions in the application must be signed by all of the property owners of the land being rezoned to a conditional use district and must be submitted to Planning and Development at least 2 business days before the date the City Council authorizes the matter for public hearing. 3. Public Hearing by City Council a. Following the recommendation of the Planning Commission or expiration of the applicable Planning Commission review period without a recommendation, the City Council shall conduct a public hearing. Notice of the public hearing shall occur within 60 days of receiving the request from the Planning Commission. b. Notice of the public hearing shall be given in accordance with Sec. 10.1.8. . 4. Conduct of Public Hearing a. At the public hearing, the Planning and Development Officer will explain or identify, by maps or otherwise, the location and area involved in the rezoning and explain the uses permitted in the proposed zoning district. If applicable, the conditions specified in the petition shall be discussed. b. Those in favor of the rezoning will be allowed a total of 8 minutes to explain their support and those against the rezoning will be allowed a total of 8 minutes to explain their opposition. Additional time may be allowed by the City Council if requested in advance of the public hearing. Planning staff are not subject to the time limitation. 5. City Council Action a. Following the public hearing, revisions may be made to proposed conditions in conditional use zoning cases within 30 days following the public hearing date, provided that any change to any zoning condition is submitted to Planning and Development at least 10 calendar days before the date of the City Council meeting. b. Following the public hearing, no changes to conditional zoning conditions permitted by the City Council may be made which are less restrictive, including but not limited to less setback, more dwelling units, greater height, more access points, new uses and fewer improvements. However, more restrictive conditions as well as a reduction in size of the zoning request and a change to a more restrictive zoning district may be made provided the revised conditional zoning conditions are signed by all owners of property covered by the public hearing zoning petition. c. Signed conditions may be submitted by facsimile or electronic mail so long as the original signed petition is received by the Planning and Development Officer at least 24 hours before the date of the meeting where final City Council action is taken; provided that the electronic signature is (1) unique to the person using it; (2) capable of certification; (3) under the sole control of the person using it; and (4) linked to the same page as the petition. d. Before taking final action, the City Council may consider the recommendations of the Planning Commission and Planning and Development Officer and comments made at the public hearing. e. Unless a valid protest petition has been submitted and received by the City in accordance with Sec. 10.2.4.G. , the City Council, by a simple majority vote shall approve, deny or send the proposed rezoning back to the Planning Commission for additional consideration. f. Approval by the City Council shall include the adoption of a statement describing whether the City Council 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.