Unified Development Ordinance, 31st Supplement, May 2024

Article 10.1. Review Bodies | CHAPTER 10. ADMINISTRATION

2. Composition a. The Board of Adjustment shall consist of 5 regular members and 3 alternate members. Four of the regular members and 2 of the alternate members shall reside within the corporate limits of the City. They shall be appointed by the City Council for terms of 2 years. b. One of the regular members and one of the alternate members shall reside outside the corporate limits of the City but within the limits of the extraterritorial jurisdiction of the City. They shall be appointed by the Chairman and Board of Commissioners of Wake County. c. Vacancies on the Board of Adjustment will be filled in the same manner and by the same governing body as the original appointment. d. An alternate member whose place of residence is within the City’s corporate limits may vote on the Board of Adjustment only in the absence of a regular member residing within the City's corporate limits or the inability of the regular member to vote. e. The alternate member from the extraterritorial jurisdiction may vote only in the absence of the Board of Adjustment regular member from the extraterritorial jurisdiction or the inability of the regular member to vote. f. When serving on the Board of Adjustment, alternate members have the same powers and responsibility as the regular members they are replacing. 3. Vote Required and Jurisdiction The concurring vote of 4/5 of the members of the Board of Adjustment is necessary to approve a variance request. All other matters may be approved by an affirmative vote of a simple majority. 4. Rules of Procedures a. The Board of Adjustment shall establish its own rules of procedure, subject to approval by the City Council. b. The rules of procedure shall at minimum provide for selection of officers of the Board of Adjustment, responsibilities of Board of Adjustment members, order for the conduct of quasi-judicial public hearings and times for filing appeals and holding public hearings.

c. The rules, regulations, minutes and actions of the Board of Adjustment shall be maintained at the office of the City Clerk. B. Specific Approval Authority The Board of Adjustment is responsible for final action regarding: 1. Special use permits; 2. Variances; 3. Appeals from administrative decisions; and 4. Appeals from decisions or orders related to minimum housing code standards pursuant to the terms of Section 11.6.11. Sec. 10.1.4. Historic Development Commission A. In General 1. Purpose a. The City is authorized by the North Carolina General Statutes to safeguard the heritage of the City by preserving any property or district that embodies important elements of its culture, history, architectural history or prehistory and to promote the use of and conservation of historic districts and historic landmarks for the education, pleasure and enrichment of the residents of the City and state as a whole. b. The purpose of the Historic Development Commission is to provide the organizational vehicle by which certain areas, structures, buildings and objects within the City's planning jurisdiction that have special significance in terms of history, prehistory, architecture, archaeology and culture and possess integrity of design, setting, materials, feeling and association may be preserved and protected. 2. Composition a. The Historic Development Commission consists of 12 members, appointed by City Council for uniform overlapping 2-year terms. b. A majority of the members shall have demonstrated special interest, experience or education in history, architecture, archaeology or related fields.

10 – 3 Published May 2024

Part 10: Unified Development Ordinance City of Raleigh, North Carolina

Supp. No. 31