Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 24 Effective Date: September 01, 2013 Supp. No. 4 CHAPTER 10. ADMINISTRATION | Article 10.2. Review Procedures Sec. 10.2.4. ​​Rezoning J. Time Lapse between Applications 1. Limitations Between Applications a. Without special waiver approved by the City Council, the Planning and Development Officer is not authorized to accept an application for rezoning whenever an application for rezoning on the same property would be heard more than once at a public hearing within a 24-month period. But when the City Council decides not to authorize a public hearing, for the zoning petition, the 24-month waiting period shall be calculated from the date the zoning petition was first filed with Planning and Development. The increase or decrease of an area or other change in the request for rezoning does not negate this rule. b. In cases, however, where a proposed rezoning has been applied for by the City or other non-owner of the subject property, heard and acted on, applications by individual property owners (for the return of their property to its former zoning classification) will be accepted within the 24-month period without prior City Council approval. c. This 24-month period shall also not apply to a change in the underlying district when an application for an overlay district has been heard on the same property within a 24-month period or to a change in the overlay district when an application of the underlying district has been heard on the same property within a 24-month period. d. The 24-month waiting period shall not apply to any City Council-initiated rezoning when such modifications involve: i. Re-adoption of the entire Official Zoning Map; ii. Application of zoning to implement an adopted small area plan; iii. Application of zoning to new extraterritorial jurisdiction areas; or iv. Application of zoning to annexed areas which were not previously subject to this UDO. e. This 24-month period shall not apply to simultaneously submitted applications for rezoning. Zoning applications are simultaneous submitted when all of the following are met: i. Two or more zoning applications by different persons are filed for portions of the same property on the same work day and within one ½ hour of the first zoning filing on the property; ii. No other earlier zoning application for portions of the same property have been filed with Planning and Development during the filing period under Sec. 10.2.1.B.4. ; and iii. Each simultaneous zoning application is complete without any errors or omissions. No additions or corrections to a zoning application shall be allowed to relate back in time to its initial submission with Planning and Development. f. For simultaneous submitted applications for rezoning, Planning and Development is instructed to set the applications for the same public hearing date. 2. Special Waiver Following a recommendation from the Planning Commission, the City Council may grant a special waiver of the 24-month waiting period for one or more of the following grounds: a. Materially changed conditions; b. Clerical correction as the basis for the previous rezoning; c. Newly discovered evidence of adverse impact of the current zoning which by due diligence could not have been discovered in time for the earlier public hearing; d. Substantially changed zoning request; or e. The petition changes from a general use district request to a conditional use district request and specific conditions are submitted by all owners of the property, which represents a substantial change from the previous general use district request.