Unified Development Ordinance, 30th Supplement, November 2023

CHAPTER 10. ADMINISTRATION | Article 10.2. Review Procedures

d. When approving or denying any rezoning or TCZ, the City Council shall approve a brief statement describing whether its action is consistent or inconsistent with the Comprehensive Plan. e. If a rezoning or TCZ is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending the future land-use map, and no additional request or application for a plan amendment shall be required. f. A statement analyzing the reasonableness of the proposed rezoning or TCZ shall also be approved by the City Council. This statement of reasonableness may consider, among other factors: i. the size, physical conditions, and other attributes of the area proposed to be rezoned; ii. the benefits and detriments to the landowners, the neighbors, and the surrounding community; iii. the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; iv. why the action taken is in the public interest; and v. any changed conditions warranting the amendment. g. The statement of reasonableness and the plan consistency statement may be approved as a single statement. F. Considerations for Planning Director Review The following is a non-exclusive list of considerations the Planning Director may take into account when reviewing a rezoning or TCZ application: 1. The application corrects an error or meets the challenge of some changing condition, trend or fact; 2. The application is generally consistent with the Comprehensive Plan; 3. The application is generally consistent with the stated purpose and intent of this UDO; 4. The application will reinforce the existing or planned development pattern of the area; 5. The site is appropriate for the development allowed in the proposed district; 6. The application is reasonable and in the public interest;

7. 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 8. The application will not have a significant adverse impact on property in the vicinity of the subject property.

G. Time Lapse between Applications 1. Limitations Between Applications

a. In the absence of a special waiver approved by the City Council, the Planning Director is not authorized to accept an application for a rezoning or a TCZ on the same property that was the subject of an application advertised for a City Council legislative hearing unless 24 months has passed since the date of the withdrawal or denial of the prior application. b. The 24-month waiting period does not apply to any City Council-initiated rezoning. 2. Special Waiver City Council may grant a waiver of the 24-month waiting period for one or more of the following grounds: a. Materially changed circumstances; b. Clerical correction as the basis for the previous rezoning; c. Newly discovered evidence of adverse impact of the current zoning which by due diligence could not have been discovered in time for the earlier public hearing; d. Substantially changed zoning request; or e. For any other circumstance determined by the City Council to be reasonable and in the public interest. H. Modification of Previously-Approved Conditions or PD Master Plan When a property has been rezoned into a conditional district, including PD and CMP, the property owner can request subsequent modifications to the zoning conditions or Master Plan. Modifications can be minor or major; however,

10 – 25 Published November 2023

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

Supp. No. 30