The Four Kinds of Land Use Decisions Made by the City of Raleigh
Like all North Carolina local governments, Raleigh implements its land use regulatory framework through a variety of decisions. These decisions impact residents and businesses directly, while also shaping the City’s future development. Raleigh makes decisions on a wide range of issues, but generally, there are four types: advisory, administrative, legislative, and quasi-judicial. Understanding each of these decisions and how they are made is helpful for anyone interested in influencing a specific regulatory process and how Raleigh develops over time.
Advisory decisions, while not binding, are important components of several land use processes. The Planning Commission only makes advisory decisions. Its decisions are delivered to the City Council as recommendations. Planning Commission typically makes advisory decisions for rezoning cases, text changes and amendments to the Comprehensive Plan. While they are not legally binding, they often influence how City Councilors vote. When a rezoning case impacts an Historic Overlay District, the Raleigh Historic Development Commission makes advisory decisions. It also issues advisory decisions to City Council when Council is considering issues having to do with historic districts or structures. Like Planning Commission decisions, advisory decisions made by the Raleigh Historic Development are delivered to City Council. Lobbying is permitted when advisory decisions are involved.
Administrative decisions include site plans, subdivisions*, building permits, demolition permits, certificates of occupancy, land disturbing, storm water, zoning, and mass grading permits. Administrative decisions are generally made by designated professional staff members and are intended to ensure compliance with applicable Federal, State and local law. These decisions do not typically require public notice or public input since they don’t permit discretion. Staff is legally required to approve administrative applications when they meet all applicable legal criteria. This is true even in the limited circumstances where the City has decided to provide public notice of a pending application. This type of public notice is done as a courtesy rather than because of any legal requirement. Administrative decisions are typically appealable to the Board of Adjustment.
Legislative decisions are made by City Council to establish laws, regulations, and policies governing how land is developed and used. These decisions can be initiated by the City or by public request and often reflect the values and priorities of the City. Examples of legislative land use decisions include enacting/amending the Comprehensive Plan, the Unified Development Ordinance, other text changes, and rezonings. Though discretionary, legislative decisions require notice, public hearings, and opportunities for public comment. Because legislative decisions are discretionary, lobbying is permitted. These decisions can be challenged in court; however, success is difficult because of their discretionary nature.
Quasi-judicial decisions are the most formal decisions made by the City because they involve procedures similar to court proceedings. They require the application of rules of evidence, sworn testimony and written decisions containing specific findings of fact and conclusions of law. Variance, appeals from administrative decisions and special use permits are quasi-judicial decisions. These decisions are conducted by the Board of Adjustment. Similarly, the Raleigh Historic Development Commission conducts quasi-judicial hearings when considering applications for certificates of appropriateness. The Appearance Commission conducts quasi-judicial hearings for design alternates. City Council conducts quasi-judicial hearings in a very limited situation. Quasi-judicial decisions require the decision-making body to act as a judge, weighing evidence and making decisions by applying law to the facts and evidence admitted during a hearing. Quasi-judicial hearings require applicants and interested parties (often represented by lawyers) to present evidence, sworn testimony and make arguments supporting their respective positions. These decisions are made only upon the testimony, evidence and arguments presented during the hearing. One distinguishing feature of quasi-judicial decisions is that lobbying the decision-maker is prohibited. That means that no one involved in the decision or any interested person may contact members of the decision-making body outside of the formal hearing process. Quasi-judicial decisions can be challenged through a special process called a writ of certiorari.
It's important to remember that each kind of decision has unique rules and procedures that must be followed. This ensures the City operates with fairness, transparency and accountability. With the exception of advisory opinions, these decisions can all be appealed in some way that ultimately leads to judicial review. Therefore, following the applicable rules and procedures is critical so they can be defended successfully if challenged. These decisions also impact the lives of residents, not to mention how the City develops over time. By understanding the applicable rules and procedure for each decision, residents can more effectively influence the decision-making process. This knowledge also supplies residents with a greater appreciation for the complexity of City government in general.
* Most subdivisions are approved administratively without review or approval by public boards or commissions unless a site is within a Metro Park Overlay or Historic Overlay Zoning District. Sites in those zoning districts require City Council approval.