Unified Development Ordinance, 6th supplement, September, 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 44 Effective Date: September 01, 2013 Supp. No. 4 CHAPTER 10. ADMINISTRATION | Article 10.2. Review Procedures Sec. 10.2.11. ​​Appeal of an Administrative Decision Sec. 10.2.11. Appeal of an Administrative Decision A. Applicability Any aggrieved person or any agency, officer, department, board or commission of the City, including the City Council, affected by any decision, order, requirement or determination relating to the interpretation, compliance or application of this UDO as made by an administrative official charged with the administration and enforcement of these provisions of the UDO may file an appeal in accordance with the requirements of this section. B. Reviewing Body Appeals of an administrative decision are heard by the Board of Adjustment except for MinorWork Certificates of Appropriateness, which are heard by the Raleigh Historic Development Commission. C. Stay of Proceedings 1. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken (in most instances, this will be the Zoning Enforcement Administrator) certifies that, because of facts stated in the certificate, a stay would, in their opinion, cause imminent peril to life or property or that because the violation is transitory in nature, a stay would seriously interfere with the effective enforcement of this UDO. In that case, proceedings shall not be stayed except by a restraining order granted by of the reviewing body or a court, issued on application of the party seeking the stay, for due cause shown, with copy of notice to the officer from whom the appeal is taken. 2. An appeal shall not stop action lawfully approved; only actions claimed to be in violation of this UDO shall be stayed. D. Filing Requirements 1. An appeal of any administrative decision shall be made by filing a written notice of appeal specifying the grounds for the appeal with the officer from whom the appeal is taken and the reviewing body. Notice of appeal provided to the City Clerk is considered to be notice to the reviewing body. 2. Except when a different time period is established in this UDO, the notice of appeal shall be filed by persons who received either mailed notice or notice of decision pursuant to Sec. 10.2.1.C. within 30 days after the date of the application was decided; this time period is applicable to all representatives of such notified persons, including without limitation their tenants and option holders. For all other persons with standing, notice of appeal of any plot plan or site plan shall be filed within 30 days after the receipt from the earlier of any source of actual or constructive notice of the decision within which to file an appeal. 3. A notice of appeal of an administrative decision shall be considered made, when the notice of appeal is provided to the City Clerk and the officer from whom the appeal is taken. The date and time of filing shall be entered on the notice of appeal. 4. In addition to the notice of appeal, within 10 business days from the date of the notice of appeal, an application for an appeal of administrative decision shall be submitted to Planning and Development in accordance with Sec. 10.2.1.B. E. Approval Process 1. Planning and Development Officer Action a. After notice of appeal is provided, the officer from whom the appeal is taken shall transmit to the reviewing body all the papers constituting the record upon which the action appealed from was taken. b. Planning and Development shall review the application for an appeal of an administrative decision in accordance with all applicable requirements of this UDO and advice the applicant. c. Planning and Development shall provide the notices required in Sec. 10.1.7. and Sec. 10.2.1.C. Public Hearing Review & Decide Planning and Development Officer Reviewing Body Review & Advise Submit Application Approve Disapprove