Unified Development Ordinance, 34th Supplement, October 2024

Article 10.2. Review Procedures | CHAPTER 10. ADMINISTRATION

time which may be granted by the City Council. If no recommendation is made within this time period and if no extension is granted, the City Council may take action on the application without further involvement of the Planning Commission. e. When conducting a review of proposed rezoning or TCZ pursuant to this section, the Planning Commission shall advise and comment on whether the proposed action is consistent with the Comprehensive Plan and any other officially adopted plan that is applicable. f. The Planning Commission shall make its recommendation to the City Council in writing. The Planning Commission shall recommend that the request be approved, approved as revised or denied. A written recommendation shall address plan consistency and other matters as deemed appropriate by the Planning Commission. g. In no case shall changes to the conditions be accepted following an action by the Planning Commission and prior to the Planning Commission's written recommendation being received by the City Council, other than non-substantive, technical revisions to the text of the conditions, in which case such revised conditions must be signed by all of the property owners of the land proposed to be rezoned to a conditional district and must be submitted to City Planning at least 2 business days before the date the City Council schedules the matter for public hearing. 3. Legislative Hearing by City Council a. Following the recommendation of the Planning Commission or expiration of the applicable Planning Commission review period without a recommendation, the City Council shall conduct a legislative hearing. City Council shall act to schedule the hearing within 60 days of receiving the request from the Planning Commission, and notice shall be given in accordance with Sec. 10.1.8. b. Changes to the conditions may be made following City Council’s receipt of the Planning Commission recommendation subject to the following limitations: i. Unsigned conditions with the changes must be submitted to City Planning at least 10 calendar days before City Council acts to schedule the matter for public hearing;

ii. The unsigned conditions must be property sought to be rezoned and submitted to City Planning at least two business days before the date the City Council acts to schedule the public hearing; and iii. The signed conditions cannot modify the unsigned conditions except to respond to staff comments or to make non-substantive or clerical corrections. 4. Conduct of the Legislative Hearing a. The Planning Director shall provide a report describing the application, including analysis of the considerations listed in Sec. 10.2.4.F. as deemed appropriate. b. The presiding officer shall open the legislative hearing. Those in favor of the rezoning will be allowed a total of 8 minutes to explain their support and those against the rezoning will be allowed a total of 8 minutes to explain their opposition. Additional time may be allowed by the City Council, but must be the same amount of time for those in support and against. 5. City Council Action a. Revisions may be made to proposed conditions in conditional rezoning and TCZ cases during the legislative hearing or within 30 days following the date on which the hearing is closed subject to the following limitations: i. Unsigned conditions with the changes must be submitted to City Planning at least 10 calendar days before the date of the next meeting at which the City Council discussion of the application is scheduled; ii. The unsigned conditions must be signed by all owners of the property sought to be rezoned and submitted to City Planning at least two business days before the date of the next meeting at which the City Council discussion of the application is scheduled; and iii. The signed conditions cannot modify the unsigned conditions except to respond to staff comments or to make non-substantive or clerical corrections. b. Signed conditions may be submitted electronically so long as the original signed petition is received by the Planning Director at least 24 hours before the date of the meeting where final City Council action is

Supp. No. 34

10 – 24 Published October 2024

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