Unified Development Ordinance, 6th supplement, September, 2018
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 20 Effective Date: March 6, 2018 Supp. No. 5 CHAPTER 10. ADMINISTRATION | Article 10.2. Review Procedures Sec. 10.2.4. Rezoning Council may accept zoning conditions that alter the maximum block standards in Sec. 8.3.2. , the stub streets standards in Sec. 8.3.4 .C. and the driveway standard for Residential Uses, Mixed Use and Nonresidential Uses in Sec. 8.3.5.C.2. and 3 . Such zoning conditions shall only be approved by the City Council when the City Council, concurrent with the adoption of the conditional use zoning ordinance, makes a determination that the offered zoning conditions provide for safe, efficient and convenient vehicular and pedestrian access within developments and between adjacent developments and do not adversely affect traffic congestion. These zoning conditions shall be accompanied by additional information as required on the official rezoning application. d. Zoning conditions associated with a lot line common to the subject property and an adjacent property shall reference the Deed Book/Page Number or recorded Book of Maps/Page Number of the associated adjacent property. e. No condition may be made part of the petition which specifies ownership status, race, religion or character of occupant, minimum value of improvements or any other exclusionary device. f. No condition shall be submitted that proposes to regulate right-of-way reimbursement values, prohibit submittal of a traffic impact analysis. Nor shall any site plans, renderings or other images be submitted as part of the conditional use rezoning application unless all elements of the site plan, rendering or image graphically illustrate the written text of the conditions in which case the written zoning conditions shall remain as the controlling instrument. Any condition that prohibits street access or public street connections or extensions shall comply with subsection c above. g. No condition may be made part of the petition which duplicates an existing City code requirement. h. For any condition specified on the petition that may affect potential compliance with the requirements of this UDO or any other City ordinance on the property requested for rezoning, proper submittal of information and review shall be requested by Planning and Development, prior to a City Council decision on the rezoning. i. No condition may be made part of the petition which specifies the establishment and protection of tree conservation areas or tree protection areas unless the condition ensures that 100% of the critical root zones of trees proposed for protection and located on the subject rezoned property shall also be undisturbed areas. j. No condition may be made part of the petition which specifies the authorization or consideration of an Administrative Alternate. 3. Additional Requirements for CMP and PD District Applications In addition to a Rezoning Application, a Master Plan Application Package must be submitted in complete form to initiate a Campus ( Article 4.6. Campus (CMP) ) or Planned Development ( Article 4.7. Planned Development (PD) ) rezoning. 4. Additional Requirements for -HOD-G and -HOD-S Applications a. An investigation and report describing the significance of the buildings, structures, features, sites or surroundings included in any proposed -HOD-G and -HOD-S and a description of the boundaries of the district, changes in boundaries or de-designation due to loss of significance, shall be prepared and/or reviewed by the Historic Development Commission. The City Council shall refer the report to the North Carolina Department of Cultural Resources. b. The Department of Cultural Resources, acting through an agent or employee designated by its Secretary, may analyze and make recommendations concerning such report and description of proposed boundaries. Failure by the Department of Cultural Resources to submit its written analysis and recommendations to the City within 30 calendar days after a written request for such analysis has been received by the Department of Cultural Resources shall relieve the City of any responsibility for awaiting such analysis (N.C. Gen. Stat. §160A-400.4(b)2). c. The City Council may refer the report and proposed boundaries to the Planning Commission, in accordance with Sec. 10.2.4.F.4. and to any other interested body for its recommendations prior to taking action to amend the Official Zoning Map.