TC-02-10 Conditional Use District Rezoning

8/14/2019 TC-02-10 Conditional Use District Rezoning

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ORDINANCE NO. (2010) TC TC-2-10

AN ORDINANCE TO ESTABLISH A PROCESS FOR THE REVIEW ANDOFFICIAL ACCEPTANCE OF ZONING CONDITIONS OFFERED AS PART OF

A CONDITIONAL USE REZONING PETITION, CLARIFICATIONS ON VALIDCONDITIONS AND REVISIONS TO NEIGHBORHOOD MEETINGREQUIREMENTS AND SUBMITTAL REQUIREMENTS FOR REZONINGS

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RALEIGH,NORTH CAROLINA that:

Section 1. Amend Section 10-2165 by deleting subsection (b) in itsentirety and substituting in lieu thereof the following:

(b) Conditional Use Zoning Petition.

(1) General requirements.

A conditional use zoning petition shallonly be submitted from allthe ownersof the propertyincluded in the petition. The petition mustspecify the use or uses prohibited or the use or uses allowed,including the maximum number of dwellingor rooming units, and allland development regulations which are requested forthe propertysubmitted for rezoning. The requested use or uses mustbe permitted in the corresponding general use district except forconditional use overlay districts authorized by this chapter. All those

regulations which apply to the corresponding general use zoningdistrict are the minimum requirements in the conditional use zoningdistrict except for conditional use overlay districts authorized by thischapter. In addition, conditions which represent greater restrictions ondevelopment and use of the propertythan would apply in thecorresponding general use zoning district, or which involve subdivision,stormwater control, flood protection, or other limitations on landwhich maybe regulated by Cityand State law, maybe specified in thepetition. Zoning conditions associated with a lotline common tothe subject propertyand an adjacent property(ies) shallreferencethe Deed Book / Page Number or recorded Book of Maps / Page

Number of the associated adjacent property.

(2) Prohibited zoning conditions.

No condition maybe made part of the petition which specifiesownership status, race, religion, or character of occupant, minimumvalue of improvements, or any other exclusionary device. Nocondition shallbe submitted that proposes to regulate the future


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sale or marketing of property, allowable building materials, right-of-way reimbursement values, prohibitions of cross-access orpublic street connections or extensions, limitations on the hoursof refuse collection or the submittal of a traffic impact analysis,nor shallany site plans, renderings or other images be submitted

as part of the rezoning application with the exception of thoseassociated with a Planned Development Conditional Use OverlayDistrict Master Plan. No condition maybe made part of the petitionwhich duplicates an existing CityCode requirement. For any conditionspecified on the petition which mayaffect potential compliance with therequirements of the Comprehensive Plan, applicable redevelopmentplans, or the Subdivision/Site Plan Standards Ordinance, or anyother Cityordinance on the propertyrequested for rezoning, propersubmittal of information and review shallbe requested by the PlanningDepartment, including requirements under chapter 3 of this Part, priorto a CityCouncildecision on the rezoning.

(3) Neighborhood meeting.

At least six (6) weeks prior to the public hearing date, Within six (6)months prior to the submittal of any conditional use zoningpetition, the applicant shall conduct a meeting within the zoning

jurisdiction with with the adjacent/nearby property owners that maybe impacted by the proposed rezoning. At a minimum, meetingnotices shall be mailed to (1) the ownersof propertyincluded in theproposed change, (2) the ownersof propertyadjacent to and withinone hundred (100) feet (not counting street rights-of-way) on all sidesof the parcel, or lot, or tract proposed to be rezoned. - the sameownersof propertyrequired to be listed in the application of thepetitioner as set forth in the last paragraph of section 10-2165(c). Atleast ten (10) days prior to the meeting date with the ownersofproperty, the applicant shallnotify the ownersof propertyabout themeeting; notice the neighborhood meeting noticesshallbe sent byfirst class mail or certified mail return receipt. If notification is to be byfirst class mail, the applicant shalldeliver the sealed, addressed,stamped envelopes to the Department of City Planning Departmenttogether with a roster of all addressees prior to the aforementionedten-day period. If notification is to be by certified mail return receipt,copies of the return receipts shallbe given to the Department of CityPlanning Departmentat the time of submittal of the conditional usezoning petition. at least four (4) weeks prior to the public hearing date.The applicant mayuse the local Citizens Advisory Council meeting;provided, the meeting time and notices comply with the terms set forthherein.A report of the meeting, made by the applicant, shallbe givento the Department of City Planning Department and mailed by firstclass post to the ownersof propertywithin one hundred (100) feet on


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all sides of the proposed change (not counting street rights-of-ways)four (4) weeks prior to the public hearing date. at the time ofsubmittal of the conditional use zoning petition. The report shallinclude, among other things: a list of those personsand organizationscontacted about the meeting, and manner and date of contact, the

date, time, and location of the meeting, a roster of the personsinattendance at the meeting, a summary of issues discussed at themeeting, and a description of any changes to the rezoning petitionmade by the petitioner followingsuch meeting. The Department ofCity Planning is directed not to accept a conditional use zoningpetition if the applicant has failed to conduct the meeting, complywith the required meeting notification or submittal of the meetingreport as required above.

(4) Changes to zoning conditions.

Upon delivery to the newspaper for publication of notice of aconditional use zoning district application, During the review anddeliberation of a conditional use rezoning petition from the timeof submittal to the Monday preceding the five (5) week periodprior to the scheduled public hearing, specified conditions maybe removed or changes to the specified conditions maybe addedwhich are less restrictive. During the review and deliberation of aconditional use rezoning petition beginning from the date five (5)weeks prior to the scheduled public hearing, no changesamendments to the conditions specified maybe added to the petitionwhich are less restrictive, including but not limited to less setback,more dwellingor rooming units, greater height, more access points,new uses, and fewer improvements. However, more restrictiveconditions or additional conditions, such as well as a reduction in thesize of the request and a change to a higher zoning classification, maybe added in writingto the signed petition byall ownersof propertycovered by the original petition.

At least ten (10) calendar days prior to the submittal of anychange to the zoning conditions an unsigned draft copy of theproposed changed conditions shallbe submitted to theDepartment of City Planning for review and comment. TheDepartment of City Planning is instructed not to accept anychanges to the zoning conditions other than those time periodsspecified below.

a. One (1) set of changes to the zoning conditions between thefiling period deadline and five (5) weeks prior to the date of thescheduled public hearing.


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b. One (1) set of changes to the zoning conditions following thepublic hearing and the date scheduled for PlanningCommission or Planning Commission committee deliberationfor the first time. In the event that an applicant desires tosubmit changes to the zoning conditions for this time period,

the applicant shallbe required to request a PlanningCommission deferral of the case at the public hearing.

c. Two (2) sets of changes to the zoning conditions following thefirst deliberation of the zoning case by the PlanningCommission or Planning Commission committee. The secondset of changes to the zoning conditions shall be submittedwithin fifteen (15) calendar days [forty-five (45) calendar daysfor a Planned Development Conditional Use Overlay District]following the Planning Commission meeting or PlanningCommission committee meeting which the first set of

amended conditions have been received and deliberated.However, in no case shall changes to the conditions beaccepted following an action by the Planning Commission andprior to the Planning Commissions Certified Recommendationbeing received by the City Council other than nonsubstantive,technical revisions to the text of the zoning conditions.

d. One (1) set of changes to the zoning conditions within fifteen (15)calendar days [forty-five (45) calendar days for a PlannedDevelopment Conditional Use Overlay District] followingthe CityCouncilmeeting at which the recommendation of the PlanningCommission on the request is first received by the Council and notreturned to the Planning Commission by the Council, provided thatany change is submitted at least two (2) normal working days,excluding Saturday and Sunday and legal holidays, before the dateof the final City Councilaction. Any changed zoningconditions made following the recommendation of the PlanningCommission maybe referred to the Planning Commission forfurther review. If so, the Planning Commission shallreport back tothe City Councilwithin thirty (30) days of the City Councilreferral,or it shallbe construed that they have no comment.

Such Signed conditions maybe submitted by facsimile or electronicmail so long as the original signed petition is received by the PlanningDirector at least twenty-four (24) hours before the meeting wherefinal City Councilaction is taken; provided that theelectronic signatureis (1) unique to the personusing it; (2) capable ofcertification; (3) under the sole control of the personusing it; (4) linkedto the same page as the petition. The day ofthe CityCouncilaction shallnot be counted as a normal workday when


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applying this rule. Such changed conditions maybe referred to thePlanning Commission for further review. If so, the PlanningCommission shallreport back to the CityCouncilwithin thirty (30) daysof the City Councilreferral, or it shallbe construed that they have nocomment.

Section 2. Amend Section 10-2165(c)(1), Filing dates, first sentence ofthe first paragraph, by deleting the word must and substituting in lieu thereofshall and by deleting the language by the third Friday of the month andsubstituting in lieu thereof between the first working day of the month and 12:00noon on the third Friday of the month.

Three (3) copies One (1) paper copy of the application for change of thezoning classification of a piece of propertyor of a district must shall be filedin the Planning Department during the monthsof March, June, September,or December, by between the first normal work day of the month,

excluding Saturdays, Sundays and legal holidays, and 12:00 noon onthe third Friday of the month. This filing limitation shallnot apply toapplications made by the Cityor to any conditional use overlay authorizedby this chapter.

Section 3. Amend Section 10-2165(c)(2), at the end of the sentencewithin the second paragraph, to add the following new language:

; and the draft findings of a Traffic Impact Analysis or TripGeneration Study, as determined by the Public Works Director or hisdesignee, unless the Public Works Director or his designee agreesin advance of submitting the application that a Traffic ImpactAnalysis or Trip Generation Study is not warranted..

Section 4. Amend Section 10-2165(c) to add a new subsection (3) whichshall read as follows:

(3) Amendments.

From the date one (1) week following the filing period deadline,no amendment to the petition may be added which results in aninclusion of additional property or a change to a lower zoningclassification.

Section 5. Amend Section 10-2165(h)(3), Post-hearing action andtime limits, third sentence, to delete the words one hundred and twenty (120) ofthe public hearing and substitute in lieu thereof ninety (90) days [one hundredand twenty (120) days for a Planned Development Conditional Use OverlayDistrict] of the public hearing.


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Furthermore, amend Section 10-2165(h)(3), fourth sentence, by deleting thewords extensions of time and substituting in lieu thereof the words one (1) timeextension not to exceed forty-five (45) days.

For all conditional use zoning cases, the Planning Commission shall make

its recommendation to the City Council within one hundred and twenty (120)days ninety (90) days [one hundred and twenty (120) days for aPlanned Development Conditional Use Overlay District] of the publichearing. Within this time period, the Commission may request extensions oftime one (1) time extension not to exceed forty-five (45) days which maybe granted by the Council.

Section 6. Amend Section 10-2165(e), Notification of AffectedLandowners, by combining the last two (2) sentences into one completesentence; eliminate the period after the second to the last sentence and beginthe first word of the last sentence with a lowercase letter.

Furthermore, add of new second paragraph to this subsection, 10-2165(e), whichshall read as follows:

Except for zoning map amendments made by the City, applicantsfiling a zoning map amendment on a parcel of land not under theownership of the applicant(s) shallcertify to the City, at the time offiling, that the owner of the parcel of land as shown on the County taxabstract at the time of filing has received notice of the proposedzoning map amendment. Subsequently, following the newspaperpublication of the actual notice of public hearing of the said zoningmap amendment, the applicant(s) shall again certify to the City that theowner of the parcel of land as shown on the County tax abstract at thetime of filing has received a copy of the notice of public hearing..

Section 7. All laws and clauses of laws in conflict herewith are herebyrepealed to the extent of said conflict.

Section 8. If this ordinance or application thereof to any person orcircumstance is held invalid, such invalidity shall not affect other provisions orapplications of the ordinance which can be given separate effect and to the endthe provisions of this ordinance are declared to be severable.

Section 9. This ordinance has been adopted following a duly advertisedjoint public hearing of the Raleigh City Council and the City Planning Commissionfollowing a recommendation of the Planning Commission.

Section 10. This ordinance has been provided to the North CarolinaCapital Commission as required by law.


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Section 11. This ordinance shall be enforced by law as provided inN.C.G.S. 160A-175 or as provided in the Raleigh City Code. All criminalsanctions shall be the maximum allowed by law notwithstanding the fifty dollarlimit in G.S. 14-4(a) or similar limitations.

Section 12. This ordinance shall become effective June 1, 2010.

ADOPTED:EFFECTIVE: June 1, 2010DISTRIBUTION:

TC-02-10 Conditional Use District Rezoning

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