Signed, Sealed, Delivered, Rezoned: City of Raleigh to Begin City-Wide Rezoning and "Remapping" Process

by Womble Bond Dickinson
Contact

We've posted here before about the wholesale change to the City of Raleigh's land use laws upon the September 1, 2013 effective date of a new unified development ordinance (UDO).  Changes to the land use laws includes the creation of new and different zoning districts, which requires the rezoning of properties in the City.  But what properties, exactly?  And when does that occur?  And how does that occur?

Here is what we said previously about the rezonings in the wake of Raleigh's new UDO:
A moment about these "legacy districts."    Development of these districts continues to be regulated in part by the old zoning code, save for where the new UDO applies to all zoning districts as outlined in the above paragraph.  This "uneven" regulation will continue until the City is able to "remap" these old zoning districts to new UDO zoning districts, which the City expects to occur over the next 18-24 months: the transition period.   A somewhat helpful slideshow on navigating the transition period is viewable  here. Of course, a landowner in a "legacy district" may petition for a rezoning to the new UDO to expedite that remapping, if desirable.
Over the past year, the City has been working tirelessly on what is termed the "Zoning District Remapping Project" to address these zoning and "legacy district" issues.  Most of the residential zoning districts have already moved over to the new UDO meaning there is no need for a subsequent rezoning as to those properties.  The new UDO retains the City's former zoning districts R-4, R-6 and R-10, which are lower density in nature, such that the effective date of the new UDO did not affect the zoning designations of properties already within those zoning districts.  Notably, however, many income-producing commercial and industrial properties and higher-density residential properties -- like shopping centers, office buildings and condominiums -- do not translate directly to the new UDO and will thus require rezoning.  Upon this large-scale rezoning, which the City calls the "final phase of implementing the [UDO] that took effect last September", development "in all areas of the City would then be governed solely by the UDO".  

What properties are being rezoned, exactly?
It's estimated that "[a]pproximately 30 percent of the City's land area" -- somewhere around 34,000 parcels -- will require rezoning to fully embrace the new UDO.  Currently, these properties have retained their zoning designation as it existed before the September 1, 2013 effective date of the new UDO.

When does this massive rezoning occur?
Over the next several weeks, the record owners of these 34,000 parcels will receive a postcard from the City at the owner's property tax address. To comply with State and local laws, the postcard will identify the parcel to be rezoned and the proposed zoning district to which it will be rezoned and a copy of that same postcard will be mailed to the record owners (again, by property tax address) of parcels within a 100 foot radius of the parcel to be rezoned.  In other words, the post office will be very, very busy.

All will want to pay close attention to any postcards received from the City, and any changes proposed as a result of the anticipated rezoning.  For example, concepts like building type, building height, frontage and other regulations emanating from the new UDO could have significant impact on valuable properties in a booming City.

While a retention of an existing zoning district is not an option -- those properties subject to rezoning are without a zoning home under the new UDO, hence the rezoning -- there is some degree of control that can be exercised over the rezoning.  For example, perhaps the proposed new zoning district is not in the owner's best interest or perhaps the City should retain certain conditions resulting from a conditional zoning under the City's prior law that the City is otherwise seeking to cancel with the proposed rezoning.

How does this massive rezoning occur?
The mailings will arrive in the next month or so, as stated.  Through September 30, 2014, owners and neighbors within 100 feet can review, comment on and challenge to the City staff the new zoning districts proposed for a property.  After September 30, the rezonings will be referred to the City's Planning Commission, which will hold public hearings.  After those hearings, and after the Planning Commission reports its recommendations to the City Council -- which will likely take some time, perhaps into 2015 -- the City Council will conduct its own review, public hearings and vote.  According to the City, though there are thousands of individual parcels at issue, the rezoning is being treated as one comprehensive case, subject to one vote.  Upon the City Council's vote, if adopted, the rezonings become effective.    

Watch the mail, Raleigh landowners and really watch mail, owners of property in Raleigh currently zoned for commercial, industrial or dense residential, like multifamily.  And once you watch the mail, watch the land use regulations applicable to the proposed rezoning under the new UDO.

"Greetings from Raleigh! Also, now you're in an overlay district."
 
 

 

Written by:

Womble Bond Dickinson
Contact
more
less

Womble Bond Dickinson on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.