Conditional Use Rezoning

Process Description:
Rezoning is the act of requesting City Council to change the official zoning map. A rezoning case may be for either a general use district or a conditional use district. The State Statutes generally describe the rezoning process. The steps for rezoning are listed below. For additional information, see section 10-2165 of the City Code.

See the City of Raleigh Development Services Glossary for any unfamiliar terms.

How to determine if a petition should be submitted:
When considering a zoning change, contact the Planning Department at 919-516-2646 to schedule a preliminary meeting with staff. Planning staff can help determine a specific use, most appropriate district, uses allowed, and applicable regulations of each zoning category.

City staff will analyze the Comprehensive Plan and other City Council adopted plans to determine if the request is consistent with city adopted plans. They can also explain land use policies, zoning regulations, and the effects of proposed City facilities such as streets on the proposed site. Applicants may request an amendment to the Comprehensive Plan prior to submitting a rezoning. The Comprehensive Plan can be amended twice a year in January and July.

What is the current property zoning?
Use the iMaps application to research the current property zoning or contact the Planning Department at 919-516-2626 or the Development Services Customer Service Center at 919-516-2495 for assistance.

What uses are permitted in zoning districts?
The zoning district determines uses permitted on a property. Reference the "List of Permitted Uses by Zoning Districts" for more information. This information is also available in the Planning Department located on the 3rd floor of the One Exchange Plaza. For more details on a specific use, reference the "Schedule of Permitted Uses in Zoning Districts" in the Zoning Code.

Are there any prerequisites to this process?

• If applicant is not the petitioner, they must provide proof of notification to the adjacent property owners per G.S. 160A-384
• The property must be located within the Raleigh City Limits or Extra-Territorial Jurisdiction (ETJ)

How do I start the process?

• Reference the Filing Schedule to find out the upcoming dates for filing the rezoning petition
• Contact the Department of City Planning staff to schedule a pre-application meeting to discuss the proposal
• Select most applicable zoning district for rezoning proposal
• Complete a Rezoning Application

What do I need to submit to the City?

What additional documents may be needed?

• May need a property boundary survey map, to further identify the property for which the zoning is to be applied
• Illustrative plan graphically depicting zoning conditions

Where do I submit my application?

A Neighborhood Meeting, Meeting Report and a Trip Generated report is required prior to submitting a rezoning application.

Neigborhood Meeting:
A neighborhood meeting is required for all conditional use district requests and general zoning requests filed by a non-owner applicant. The required neighborhood meeting must occur prior to submittal of the rezoning petition. The neighborhood meeting shall not occur more than six (6) months prior to the submittal of the rezoning petition. The petitioner shall invite all property owners within 100 feet of the subject property proposed for rezoning to the neighborhood meeting.

At least ten (10) days prior to the meeting date with the owners of property, the applicant shall notify the owners of property about the meeting in accordance with Section 10-2165(b). The applicant may use the local Citizens Advisory Council meeting (CAC); provided, the meeting time and notices comply with Section 10-2165(b). The petitioner may send the neighborhood meeting notices via certified mail, return receipt. The petitioner may choose to send the notices via USPS first class mail. In this instance, the petitioner must supply stamped, addressed envelopes with copy of the neighborhood meeting notice to city staff. Staff must receive these materials at least ten (10) days prior to the neighborhood meeting date.

Meeting Report:
The neighborhood meeting report shall include the date, time, and location of the neighborhood meeting. An attendance roster and summary of the discussion items shall be included.

Trip Generation Report:
A trip generation comparison is required for each rezoning petition at time of submittal. This report calculates the maximum possible trip generation during the AM & PM peak travel periods under the maximum possible build out of the subject property based under the existing zoning versus the proposed rezoning. This report may be submitted in a letter format and must be sealed by a professional engineer licensed to practice in North Carolina. Trip generation comparisons indicating that significantly higher traffic volumes would occur under the proposed rezoning may result in requests for additional traffic data or a full Traffic Impact Analysis.

This requirement may be waived in cases where the rezoning is a clear downzoning that would result in less traffic (e.g., R-10 to R-4), or in cases where the change in zoning is a modification of existing conditions that would not result in any new traffic (e.g., a SC-CUD property where proposed conditions alter setbacks, landscaping requirements, etc.). Please contact the Raleigh Office of Transportation Planning at 919-516-2155 for any questions regarding this analysis.

Filing Deadlines:
The rezoning process is structured and an application may only be submitted during certain times throughout the year. Generally, these times are the first three weeks of March, June, September and December. See Filing Schedule to find out the upcoming dates for filing the rezoning petition.

Staff Review:
Each completed and accepted application package will receive a case planner who will serve as the main point of contact throughout the process. The case planner will review the request in accordance with the guidance contained with the 2030 Comprehensive Plan and other adopted City plans.

No building permits can be issued for a property after a rezoning application has been submitted unless the project meets both the existing and proposed zoning districts. A submitted rezoning application cannot be withdrawn within five weeks of the joint public hearing.

Submitting Conditions for a Conditional Use case:
If a conditional use request is filed, the applicant should be aware of certain windows to submit zoning conditions. The zoning conditions must be submitted on the "Exhibit C" form contained within the application packet. Prior to the submittal of any change to a zoning condition, the applicant must first submit an unsigned draft to city staff for review. Further, changes to zoning conditions may only be submitted during the following timeframes:

• One time after the filing deadline and five weeks prior to the joint public hearing

• One time after the joint public hearing and Planning Commission deliberation

• Multiple times during Planning Commission deliberation

• One time during City Council deliberation
  

Joint Public Hearing:
A joint public hearing is conducted with the Planning Commission and the City Council. These joint hearings are held during the months of January, April, July and October. There are no decisions made at the joint public hearings. The intent of the meetings is to present the request to the elected and appointed officials and allow the public to voice opinions regarding the request.

Planning Commission Review:
The request will be referred to the Planning Commission for a recommendation to City Council. The Planning Commission generally has 90 days to make a recommendation to City Council and may refer the request to a sub-committee for further deliberation. The Planning Commission meets twice a month on the second and fourth Tuesday. The Planning Commission generally asks to hear a short presentation from the applicant. These meetings are open to the public.

City Council Decision:
The City Council will render a final decision. The City Council may refer the request to a sub-committee for further deliberation. The City Council meets twice a month on the first and third Tuesday of the month. The applicant generally does not present at the City Council meetings, unless the request is referred to a sub-committee. These meetings are open to the public.

What are the keys to success?

• Pre-application meeting with Department of City Planning, Long Range Planning Services
• Meet with surrounding property owners and fulfilling all neighborhood meeting requirements
• Compliance with Comprehensive Plan
• Compatible with surrounding properties
• Consider benefits to the general public
• Attend the Citizens Advisory Council (CAC) meeting
• Be aware of any Valid Statutory Protest Petition filed against your case

What fees are involved and when do I pay them?

• See Development Fee Schedule for the current fees associated with each rezoning review type (General Use Case, Conditional Use Case, Master Plan)
• Payment types accepted are cash, MasterCard, Visa or check made payable to: City of Raleigh
• Fee payments are delivered to the Department of City Planning located at One Exchange Plaza Suite 304, Raleigh NC as part of the Submittal Package (see above)

How long will this process take?
The rezoning process takes approximately five (5) months from filing deadline to final action. Complex cases may take much longer to resolve, and can include special studies by the Planning Commission or City Council.

Properties that have had a Rezoning Public Hearing within the past two years from the original filing date, must apply to the City Council, for a two year waiver. The property owner must submit the applicable fee and submit a completed petition.