Unified Development Ordinance, 5th supplement, March 2018
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 23 Effective Date: March 6, 2018 Supp. No. 5 Article 10.2. Review Procedures | CHAPTER 10. ADMINISTRATION Sec. 10.2.4. Rezoning e. The City Council, by a three-fourths majority vote, may approve a proposed rezoning on first reading. f. If a motion to approve receives a simple majority vote, a second reading of the ordinance is required at a subsequent meeting. With a simple majority vote, the request may be denied, referred to a City Council subcommittee, or referred back to the Planning Commission for additional consideration. g. Approval by the City Council shall include the adoption of a statement describing whether the City Council considers the action taken to be consistent with the Comprehensive Plan and any other officially adopted plan that is applicable and briefly explaining why the action taken is reasonable and in the public interest. h. 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. i. 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. 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. H. 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. I. 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.