Unified Development Ordinance, 34th Supplement, October 2024

Article 10.3. Nonconformities | CHAPTER 10. ADMINISTRATION

i. Consistency with the Comprehensive Plan; ii. Consistency with the stated purpose and intent of the UDO and Raleigh Street Design Manual; iii. Consistency with other right-of-way programs and adopted plans; iv. Impact on property in the vicinity of the Streetscape Plan area; v. Impact on the maintenance responsibilities of the City; vi. Impact on congestion; vii. Impact on functionality of transportation network for all users; viii. Impact on stormwater collection and conveyance; ix. Safety of roadway and streetscape users; x. Compatibility with adjacent or nearby roadway and streetscape projects; xi. Compatibility with existing infrastructure and development patterns; xii. Appropriate transitions between adjacent street and roadway elements; xiii. Contribution to the unique character or identity of an area through use of public art, landscaping, and/or other treatments; xiv. Inclusion and consideration of environmentally responsible development practices; and xv. The application is reasonable and in the public interest. 2. Planning Commission Action a. Upon acceptance of the Streetscape Plan application, the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) shall hold a legislative hearing on the request. Public notice of the legislative hearing shall be provided in accordance with Sec. 10.1.8. For mailed notice, the applicable radius shall be measured 100 feet from the right of-way boundary along both sides of the street for the entire length of the proposed Streetscape Plan area. b. When conducting a review of a Streetscape Plan application, the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council)

shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted, and any other applicable adopted plan. c. Within 60 days after receipt of the proposed application, the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) shall provide a written report to the City Council. If no recommendation is made within this time period and if no extension is granted, the City Council may nonetheless take action on the application without further involvement of the Design Review Commission. d. The Commission’s written report to the City Council shall contain its recommendation, which addresses the proposed plan’s consistency and other matters it deems appropriate. 3. City Council Legislative Hearing and Action a. Following the recommendation of the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) or expiration of the applicable Design Review Commission review period without a recommendation, the City Council shall schedule a legislative hearing. b. A public hearing date shall be set within 60 days of receiving the Commission's written report. c. Notice of the hearing shall be given in accordance with Sec. 10.1.8. For mailed notice, the applicable radius shall be measured 100 feet from the right-of-way boundary along both sides of the street for the entire length of the proposed Streetscape Plan area. d. At the hearing, the Planning Director shall present the request, including the recommendation and comments of the Commission, if any. If the request was submitted by a member of the public, those in favor of the Streetscape Plan will be allowed a total of 8 minutes to explain their support and those opposed shall be allowed a total of 8 minutes to explain their opposition. The Council, in its discretion, may grant an equal amount of additional time to each side. e. The City Council shall approve, approve as revised, deny or send the proposed Streetscape Plan back to the Planning Commission, or Design Review Commission performing the review duties of the Planning

10 – 65 Published October 2024

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

Supp. No. 34