Unified Development Ordinance, 30th Supplement, November 2023

Article 1.1. Legal Provisions | CHAPTER 1. ​INTRODUCTORY PROVISIONS

B. Unless otherwise specifically stated herein, conflicts and duplications among portions of this UDO shall be resolved in favor of the more stringent regulation. ` Sec. 1.1.8. Severability A. It is expressly declared that this UDO and each section, subsection, sentence and phrase would have been adopted regardless of whether one or more other portions of the UDO are declared invalid or unconstitutional (See Section 14 1004). B. If for any reason any specific condition or regulation of a conditional zoning district ordinance is found to be invalid, it is the intention of this section that such invalidity shall not affect other provisions or applications of the conditional zoning district ordinance. However, when any property owner or their tenant or agents challenge any specific condition or regulation of a conditional zoning district ordinance, then the entire zoning district ordinance shall return to its prior zoning classification upon a finding of invalidity of any specific condition or regulation. Sec. 1.1.9. City Council Action Notwithstanding anything contained herein to the contrary, and pursuant to N.C.G.S. §160A-75, the adoption, amendment, or repeal of any ordinance or development regulation requiring a public hearing under §160D-601 shall be approved upon receipt of no less than five (5) affirmative votes by City Council on the date of introduction or thereafter. Sec. 1.1.10. Penalties and Remedies Enforcement may be by any one or more of the following methods and the institution of any action under any of these methods shall not relieve any party from any other civil or criminal proceeding prescribed for violations and prohibitions. A. Equitable Remedy The City may apply for any appropriate equitable remedy to enforce the provisions of this UDO. B. Injunction Enforcement may also be achieved by injunction. When a violation occurs, the City may either before or after the institution of any other authorized action or proceeding, apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction commanding the defendant, or in the

case of counterclaims the plaintiff, to correct the unlawful condition or cease the unlawful use of the property. C. Order of Abatement The City may apply for and the court may enter an order of abatement. An order of abatement may direct that buildings or other structures on the property be closed, demolished or removed; that fixtures, furniture or other movable property be removed; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this chapter. Whenever the party is cited for contempt by the court and the City executed the order of abatement, the City shall have a lien, in the nature of a mechanic's and materialman's, on the property for the cost of executing the order of abatement. D. Criminal Violations of this UDO shall constitute a misdemeanor or infraction as provided by N.C. Gen. Stat. §14-4 and the maximum fine, term or imprisonment or infraction penalty allowed by law is hereby authorized. Sec. 1.1.11. Existing Buildings and Structures No existing building or structure constructed prior to September 1, 2013 shall be considered a nonconforming structure based on any of the following provisions: A. Build-to regulations in Sec. 1.5.6. ; B. Pedestrian access regulations in Sec. 1.5.8. ; C. Transparency regulations in Sec. 1.5.9. ; D. Blank wall regulations in Sec. 1.5.10. ; and E. Residential garage parking options in Sec. 1.5.12. Sec. 1.1.12. Adopted Manuals The following external manuals contain technical requirements and are maintained by the City and referenced in this UDO: A. Addressing Manual; B. Guidelines for Land Disturbing Activity; C. Design Guidelines for Raleigh Historic Districts and Landmarks dated May 2, 2017; D. Private Use of Public Spaces;

Supp. No. 30

1 – 3 Published November 2023

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