The Rezoning Process in 10 Steps
In our last post, we talked about why zoning changes are needed to account for a growing population. This rezoning process follows North Carolina State Law and Raleigh’s Unified Development Ordinance or UDO. Rezoning is a legislative process, which means it is a political decision. These legislative decisions guide Raleigh’s future growth.
This post will walk through the rezoning process. Raleigh’s Planning and Development Department administers the UDO and the rezoning process.
Here is a snip of the rezoning process from the City’s website::
Image Credit: City of Raleigh Planning and Development
Step One: Attend a Pre-Application Conference
The first step in a rezoning request is for the applicant to have a meeting with Raleigh Planning and Development staff. This first meeting is called a pre-application conference. A pre-application conference is a meeting between the person applying to rezone property and City staff.
At a pre-application conference the applicant meets with staff to discuss their rezoning goals. During these meetings, City staff can provide general guidance on the request. This guidance might include recommending changes to the application so it is a better fit with the 2030 Comprehensive Plan. The meeting must happen within six months of submitting the application or the process starts over. This meeting helps an applicant understand how staff will evaluate their application before it is officially filed with the City.
Step Two: Hold a First Neighborhood Meeting
After the pre-application conference, the applicant must hold an initial neighborhood meeting that follows the requirements set forth in the UDO, including how to advertise the meeting, where to hold the meeting and how to record public comments.
The applicant is responsible for reserving a public place such as a community center to host the meeting. The meeting begins with a short presentation from the applicant on their rezoning request. After the presentation, community members have the opportunity to ask questions and provide feedback. The applicant must record the number of attendees and a summary of their comments. This meeting report becomes a part of the formal rezoning application.
Step Three: Staff Confirms Receipt of Application
The applicant can’t file a rezoning application until the pre-application conference and first neighborhood meeting are completed. The City maintains a list of all active rezoning cases on its website. An active rezoning case is one that has yet to be voted on by City Council. The City of Raleigh also maintains an interactive map with all active rezoning cases.
Below is an example from the Planning and Development Department’s rezoning case website of active rezoning cases.
Rezoning case Z-16-20 is under review until 7/2/21, which means staff are verifying that all legal requirements have been met. Rezoning case Z-17-21 is Incomplete; additional materials required. An incomplete application is missing information like a property owner signature. It is up to the applicant to submit that information, or the application will not move forward.
Step Four: Staff review
Once the legal requirements of the rezoning application are met, it goes to staff for review. Below are examples of rezoning cases under staff review from the City’s website:
Rezoning cases Z-32-22 and Z-34-22 are both Under Review. A case under review means staff is completing the application evaluation. The staff assigned to a specific rezoning case is called a Case Planner. The Case Planner is responsible for sending comments from various City Departments to the rezoning applicant.
Staff comments address the following issues:
The potential impact on the City’s sewer and water system
Potential traffic generation and whether a traffic impact analysis or TIA will be required
If the case complies with the requirements in the UDO
If the case has any impact on the City’s transit system
If the rezoning request is consistent with the Future Land Use Map or FLUM, the Urban Form Map, the 2030 Comprehensive Plan and any applicable Small Area Plans
Step Five: Host a Second neighborhood meeting
The second neighborhood meeting is required for larger rezoning cases. You can read about when a second neighborhood meeting is required in the UDO. For the second neighborhood meeting, letters must be mailed to neighbors living within 1000 feet of the property being rezoned. Unlike the first neighborhood meeting, City Planning and Development staff are required to attend the second neighborhood meeting.
Here is an example of a rezoning case that must hold a second neighborhood meeting:
This rezoning case doesn’t have a Planning Commission date because the second neighborhood meeting hasn't happened. This case is designated “PC TBD” which means the Planning Commission meeting date will be set after the second neighborhood meeting is completed. The Planning Commission meets on the 2nd and 4th Tuesday of each month.
Step Six: Public Meetings
Once an application is complete, it is presented to the Planning Commission. At the Planning Commission, the Case Planner gives a short presentation on the case. After the presentation, members of the public including the applicant can comment. Those in favor and those opposed to a rezoning case are allowed to speak during these meetings.
The Planning Commission has 60 days to make a recommendation to approve or deny a rezoning case. The Planning Commission can send a rezoning request to one of its committees if it raises particular concerns or is more complex and merits a more thorough review. Though rare, Planning Commission sometimes decides to send a case to City Council without a recommendation.
The rezoning case above, Z-62-21 is scheduled to be discussed by the Planning Commission on Jun 14, 2022. The staff report is available by clicking the “Z-61-21” link.
Step Seven: Planning Commission makes a Recommendation to Council
Once the Planning Commission votes on the rezoning case, it goes to the City Council. The City Council then conducts an independent review of the rezoning case over at least two meetings. At the first meeting, City Council typically schedules the official public hearing required by State law. The City Council then has 60-days to conduct the hearing. The hearing may be rescheduled at any future Council meeting, as long as it is advertised according to the UDO.
The above rezoning cases Z-67-21 and Z-71-21 were scheduled to be heard by the City Council on 5/17/22. Both rezoning cases were recommended for approval by the Planning Commission.
Step Eight: The City Council Conducts the Public Hearing
The public hearing is held at a regularly scheduled City Council meeting. The City Council meets on the first and third Tuesday of each month (except in July and December). During the public hearing, City staff give a presentation on the rezoning case. The presentation is followed by an opportunity for the applicant and members of the general public to speak in favor or in opposition of the case. Council may choose to keep the public hearing open for an additional meeting if there is significant public concern. If the rezoning request is simple, the Council may vote to approve or deny it immediately after the public hearing ends.
Step Nine: Optional Committee Meetings
The City Council may vote to send a rezoning case to a Council Committee. This happens when a rezoning case raises issues that one or more Council members want to consider in more detail. In those situations, rezoning cases are referred to the appropriate committee by the Mayor. The City Council has four committees:
Economic Development & Innovation
Growth & Natural Resources
Safe, Vibrant & Healthy Community
Transportation & Transit
Step Ten: The City Council Takes a Final vote on the Rezoning Case
At the end of the process, City Council is required to vote to approve or deny the rezoning case. Once a rezoning case has been approved, the property owner may begin the process of redeveloping their property under the new zoning. If a rezoning case is denied, the applicant may choose to appeal the decision in Court.