Unified Development Ordinance, 4th supplement, September 2017
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 23 Effective Date: September 01, 2013 Supp. No. 4 Article 10.2. Review Procedures | CHAPTER 10. ADMINISTRATION Sec. 10.2.4. Rezoning g. For general use rezonings, the City Council shall consider all the potential uses and standards which would be allowed under the proposed rezoning. The City Council is not allowed to consider specific site plans or conditions as a basis for such a decision. Following the public hearing, general use rezonings may at the discretion of the City Council be reduced in acreage and height and the City Council may substitute, in whole or in part, a more restrictive zoning district. h. All enactments, amendments and changes must be in the form of an ordinance. Copies of adopted city ordinances shall be kept on file at the office of the City Clerk. G. Protest Petition 1. A rezoning request for which a protest petition has been determined to be valid requires a ¾ super majority vote of the City Council for approval rather than a simple majority. For purposes of this section, vacant positions on the City Council and members who are excused from voting shall not be considered “members of the council” for calculation of the requisite super majority. 2. A protest petition in opposition to a rezoning shall be considered a "valid protest petition" if the petition meets the requirements of N.C. Gen. Stat. §160A-385 or any successor legislation. 3. Completed petitions shall be received by the City Clerk's office at least 2 business days prior to the date of the public hearing. 4. The City shall determine if the petition is a "valid protest petition", with such determination to be made by the Planning and Development Officer. 5. Planning and Development shall notify the petitioner and the City Council as to the validity of the protest petition. 6. A person who has signed a protest petition may withdraw their name from the petition at any time prior to the vote on the proposed zoning amendment. If a name has been withdrawn, the Planning and Development Officer shall determine the sufficiency of the protest petition. H. Considerations for Planning and Development Officer Review The following lists of considerations for the Planning and Development Officer’s review and recommendations regarding a rezoning application are not all- inclusive. Review of zoning map amendments by the Planning and Development Officer may consider whether: 1. The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact; 2. The proposed rezoning is generally consistent with the Comprehensive Plan; 3. The proposed rezoning conflicts with any specific policy or action item of the Comprehensive Plan; 4. The proposed rezoning is generally consistent with the Future Land Use Map; 5. The proposed rezoning is generally consistent with the stated purpose and intent of this UDO; 6. The proposed rezoning will reinforce the existing or planned character of the area; 7. The site is appropriate for the development allowed in the proposed district; 8. There are substantial reasons why the property cannot be used according to the existing zoning; 9. The subject property is suitable for the proposed zoning; 10. There is a need for the proposed use at the proposed location; 11. The City and other service providers will be able to provide sufficient public facilities and services including schools, roads, recreation facilities, wastewater treatment, water supply and stormwater facilities, police, fire and emergency medical services, while maintaining sufficient levels of service to existing development; and 12. The proposed rezoning will not have a significant adverse impact on property in the vicinity of the subject property. I. Withdrawal or Modification of a Pending Application No application for a proposed rezoning can be withdrawn after the City Council authorizes it for public hearing. Following authorization for a public hearing for a proposed rezoning, no modification to the application may be made except as specifically allowed in Sec. 10.2.4.F.5.