Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 6 – 2 Effective Date: September 01, 2013 Supp. No. 4 CHAPTER 6. ​USE REGULATIONS | Article 6.1. Allowed Uses Sec. 6.1.1. Classification of Uses Article 6.1. Allowed Uses Sec. 6.1.1. Classification of Uses A. Use Categories 1. In order to regulate use, categories of uses have been established. Use categories provide a systematic basis for assigning land uses to appropriate categories with other similar uses. Use categories classify land uses and activities based on common functional, product or physical characteristics. 2. Characteristics include the type and amount of activity, the hours of operation, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties and site conditions. 3. Use category definitions are included in Article 6.2. Residential Uses through Article 6.6. Open Uses . 4. Where a use category contains a list of included uses, the list is to be considered example uses, and not all-inclusive. The Zoning Enforcement Administrator has the responsibility for categorizing all uses. B. Principal Uses Allowed principal uses by district are listed in Sec. 6.1.4. Principal uses are grouped into categories of uses. C. Accessory Uses Accessory uses are allowed in conjunction with a permitted principal use as set forth in Article 6.7. Accessory Uses & Structures . D. Temporary Uses Temporary uses are allowed as set forth in Article 6.8. Temporary Uses . Sec. 6.1.2. Use Determination A. Interpretation by the Zoning Enforcement Administrator The Zoning Enforcement Administrator is responsible for categorizing all uses. If a proposed use is not listed in a use category, but is similar to a listed use, the Zoning Enforcement Administrator may consider the proposed use part of that use category. When determining whether a proposed use is similar to a listed use, the Zoning Enforcement Administrator will consider the following criteria: 1. The actual or projected characteristics of the proposed use; 2. The relative amount of site area or floor area and equipment devoted to the proposed use; 3. Relative amounts of sales; 4. The customer type; 5. The relative number of employees; 6. Hours of operation; 7. Building and site arrangement; 8. Types of vehicles used and their parking requirements; 9. The number of vehicle trips generated; 10. Signs; 11. How the proposed use is advertised; 12. The likely impact on surrounding properties; and 13. Whether the activity is likely to be found independent of the other activities on the site. B. Uses Not Specifically Listed A use not specifically listed is prohibited unless the Zoning Enforcement Administrator determines the use to be part of a use category as described in Sec. 6.1.1.A. C. Zoning Enforcement Administrator Action Following a determination by the Zoning Enforcement Administrator, a written record shall be kept by Planning and Development (see Sec. 10.2.14. ) . Sec. 6.1.3. Key to Use Table The allowed use table in Sec. 6.1.4. identifies uses permitted in each zoning district. The use table key is set forth below. A. Permitted Use (P) Indicates that the use is permitted by right in the district. B. Limited Use (L) Indicates that the use, while allowed by right in the district, must meet the use standards associated with the specific use (see right-hand column for definitions/use standards). C. Special Use (S) Indicates that the use requires approval by the Board of Adjustment as a special use (see Sec. 10.2.9. ) before it is allowed in the district. Use standards associated with the specific use may also apply. D. Use Not Permitted (--) Indicates that a use is not permitted.