Unified Development Ordinance, 4th supplement, September 2017
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 26 Effective Date: September 01, 2013 Supp. No. 4 CHAPTER 10. ADMINISTRATION | Article 10.2. Review Procedures Sec. 10.2.5. Subdivision Review requirements under this section or Chapter 8. Subdivision & Site Plan Standards would cause an unusual and unnecessary hardship or practical difficulties on the developer above and beyond what other developers would meet or deprive the owner of reasonable use of the property; ii. That the waiver is in accordance with the stated purposes of this UDO as set forth in Sec. 1.1.4.N. through Sec. 1.1.4.Q. ; iii. That the practical difficulties or unnecessary hardship were not created by the owner of the property or the applicant; iv. That the practical difficulties or unnecessary hardship are not solely financial; v. That the waiver will not substantially or permanently injure adjacent property or its improvements; vi. The waiver requested is the minimum required to resolve the difficulties described in Sec. 10.2.5.E.2.b.i. above that will make possible the legal use of the land, building or structure; and vii. That the public health, safety and welfare are secured. c. Conditions must be reasonably related to the conditions or circumstances that gave rise to the need for a waiver or as an offset to compensate for the granted waiver, conditions may be imposed on any waiver approved by the Board of Adjustment. 3. Planning and Development Department Action a. Planning and Development has the authority to approve preliminary subdivision plans without review by either the City Council or the Board of Adjustment except in the following situations: i. The preliminary subdivision plan is within a Historic Overlay District or of a designated Historic Landmark; ii. The preliminary subdivision plan is located in a -MPOD, other than single-unit living lots; or iii. AWaiver Request is filed. b. After an application has been determined complete, Planning and Development shall give notice of pending review in accordance with Sec. 10.1.8. If subsequent to the filing of a completed application, a waiver from the Board of Adjustment is requested, Planning and Development shall give notice of the requested waiver in accordance with Sec. 10.1.8. c. In reviewing the preliminary subdivision plan, Planning and Development shall consult with the Public Utilities, PublicWorks, Parks and Recreation, Inspections and Fire Departments to check the proposed preliminary subdivision plan against the requirements of the City Code and other applicable technical requirements of the City. d. Following review of the preliminary subdivision plan for compliance with the City Code and other applicable technical requirements of the City, Planning and Development shall approve, approve with conditions or deny the preliminary subdivision plan. Planning and Development shall keep written records of any action taken. 4. Action Following Planning and Development Department Decision a. Following the date of the final action, notice of a decision on an administratively reviewed preliminary subdivision plan shall be provided as set forth in Sec. 10.2.1.C.6. b. Within 30 days after the date of the decision on a preliminary subdivision plan, an appeal of Planning and Development’s action may be filed with the Board of Adjustment as set forth in Sec. 10.2.11. 5. Action Following Preliminary Subdivision Plan Approval a. A copy of the preliminary subdivision plan, conforming to all conditions of approval, shall be submitted to Planning and Development, which shall distribute copies to other City departments as necessary. b. An application for infrastructure construction plan approval shall be submitted in accordance with Sec. 10.2.1.B. The following forms must be filled out completely in order to process an application for construction drawing approval: i. Infrastructure Construction Plan Application; and ii. A Phasing Plan in accordance with the standards of Sec. 10.2.5.E.7. c. No construction of development-related improvements shall commence until all required construction drawing plans, profiles and specifications have been reviewed and approved by the City or other governmental approving agency and all necessary permits issued.