Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 57 Effective Date: September 01, 2013 Supp. No. 4 Article 10.2. Review Procedures | CHAPTER 10. ADMINISTRATION Sec. 10.2.18. Design Adjustment Sec. 10.2.18. Design Adjustment A. Applicability The PublicWorks Director has the authority to approve a request for a design adjustment set forth in this UDO. All design adjustments shall be reviewed in accordance with the provisions of this section and the applicable design adjustment findings. B. Application Requirements 1. An application for a design adjustment shall be submitted in accordance with Sec. 10.2.1.B. A request for an design adjustment must be submitted at the time of application for a preliminary subdivision plan, plot plan or site plan or at such time the design adjustment is proposed in conjunction with the review of infrastructure construction plans, a plot plan or site plan. 2. An application for a design adjustment must be signed and notarized by the property owner in order to initiate a request for an adjustment. 3. The applicant shall submit pertinent material necessary for review; in addition to the submittal material required for a subdivision, plot plan or site plan. This may include detailed landscape plans, roadway cross-sections, site or subdivision layout or other project-specific information. C. Public Works Director Action 1. In reviewing the design adjustment, the PublicWorks Director shall consult with the heads of the departments of Planning, Public Utilities, Transportation, Parks and Recreation, Inspections and the Fire Department to check the proposed request against the requirements of this UDO and other applicable technical requirements of the City. 2. The PublicWorks Director shall consider the applicable intent statements and design adjustment findings for the request and either approve, approve with conditions or deny the request within 60 days of the receipt of a completed application. 3. Additional review time may be necessary when the design adjustment involves review by another municipal or state entity or when detailed engineering studies are submitted to or required by the PublicWorks Director. a. The reasons for such approval or disapproval shall be stated in writing. In accordance with Sec. 10.2.1.C.6. , notice of the decision shall be provided to the applicant and the property owner (if the property owner is not the applicant) and to each person who has filed a written request for notice with the PublicWorks Director prior to their decision. b. Within 30 days from the date the application was decided, an appeal of the Public Works Director’s action may be made to the Board of Adjustment in accordance with Sec. 10.2.11. Public Works Director Review & Decide Submit Application Approve Disapprove