Rezoning Process


Jump To:

 
Application Preparation and Submittal Staff Review, Planning Commission, and City Council Zoning Conditions Fees


Important Notice:

The processes below may have changed due to COVID-19. Please visit our Planning and Development information page for the most up to date processes and procedures.


Download the rezoning application.
View the Urban Design Guidelines or Downtown Urban Design Guidelines Addendum. Submit a rezoning application through the Permit and Development Portal.
Schedule a time to drop off original rezoning materials using the Bookings Calendar. Prefer to mail materials in? See Application Preparation and Submittal below for mailing information.

What is Rezoning?

Rezoning is the act of amending the official zoning map. Any person may petition the City Council for a change to the zoning map, but petitions submitted by parties other than the property owner(s) are subject to enhanced scrutiny and a higher standard for public notice. Following submission, a rezoning petition goes through a review process that includes neighboring property owners, City staff, the Planning Commission, and finally the City Council. This process follows a legally required timetable.

Application Preparation and Submittal

Rezoning Flowchart

A rezoning applicant must conduct a neighborhood meeting and attend a pre-application conference before they may submit a rezoning application. The applicant is required to provide records of these meetings with their completed rezoning application form. In addition, the following items must be delivered or mailed to the Planning and Development Office to complete the rezoning request:

  • Rezoning Application with original signatures (unless electronically signed using DocuSign).
  • Two sets of postage-paid addressed envelopes with City of Raleigh return addresses.
  • Paid filing fees.

Once the application has been deemed complete and all technical documents have been approved, Planning and Development staff completes a review and places the case on the Planning Commission agenda.

Neighborhood Meeting:

The first neighborhood meeting is a way for the rezoning applicant to initiate a conversation with the community members most directly affected by the proposed rezoning. Applicants must invite owners and tenants of all parcels within 500 feet of the rezoning site. Neighborhood meetings should be scheduled at a time and place that is convenient for the invited property owners and tenants. Meeting notices must be mailed at least ten (10) and no more than twenty-five (25) days before the meeting. The applicant may deliver addressed, stamped envelopes containing the meeting notice to City staff. Staff verifies the information and addresses and places the notices in the mail. These envelopes must be provided to staff at least one day prior to the mailing deadline by 1 p.m. Conversely, the applicant may choose to send the meeting notices by certified mail. If this delivery method is used, the delivery certification must be submitted to staff with the rezoning application. Applicants should consult UDO Section 10.2.1.C.5 "Content of Notice” for the required contents of mailed notice. The rezoning application must be submitted within 6 months of the neighborhood meeting.

Pre-Application Conference:

City staff provides pre-application conferences for rezoning petitions free of charge. The pre-application conference is an opportunity for applicants to learn about the rezoning process and consult with staff about the potential impacts of their proposed zoning. At this time, staff can also help applicants understand the difference between general use and conditional use zoning districts and how appropriate each may be to the applicant’s case.

To schedule a pre-application conference, fill out the Pre-Application Conference form.

Rezoning Application:

After completing the Rezoning Application, the applicant may submit to the Permit and Development Portal and a hard copy to the Comprehensive Planning staff. See our guide to applying through the development portal for more information. Once the application has been deemed completed and all technical documents have been approved, staff completes a review and places the case on the agenda of a Planning Commission meeting.

To mail the application:
Attn: JP Mansolf/Carmen Kuan
City of Raleigh
Planning and Development Department
P.O. Box 590, Raleigh NC, 27601

To schedule an appointment for hand delivery, use the bookings calendar.

Staff Review, Planning Commission, and City Council

Staff Review:

A submitted and accepted rezoning application is assigned a case planner as well as staff reviewers from various City departments such as Planning and Development, Engineering Services, Transportation, and Public Utilities. The staff report analyzes the consistency of the petition with the City’s Comprehensive Plan and identifies potential adverse impacts on nearby properties, public infrastructure, and the environment. Staff reviewers may find, based on analysis of potential development impacts, that additional materials are required before the rezoning case may proceed. The applicant will receive a letter notifying them of the reviewers’ comments and whether they need to provide any new materials.

City policy allows staff reviewers ten (10) business days to review general use rezoning cases, fifteen (15) business days to review conditional use rezoning cases, and twenty-four (24) business days to review master plan rezoning cases. Once staff reviewers have completed their comments and the applicant has provided all additional materials required by staff, the application is considered complete.

Second Neighborhood Meeting:

After the initial staff review a second neighborhood meeting is required for rezoning requests that meet one or more of the following criteria:

  • The subject property is five (5) acres or more
  • The proposed change increases the maximum building height to five (5) stories or more, or increases the maximum building height by five (5) stories or more;
  • The proposed change increases residential density by an additional ten (10) dwelling units per acre;
  • The request is to change from a Residential or Conservation Management (CM) zoning district to a mixed-use or special zoning district (other than CM); or
  • The request seeks to create any type of PD district

This meeting must take place at least thirty (30) days after the application submittal date and the application must not have outstanding technical documents required. Applicants must invite owners and tenants of all parcels within 1,000 feet of the rezoning site. See the first neighborhood meeting section above for timing and content requirements for mailed notices. A report from the meeting is required to be submitted to the City at least ten (10) days prior to the request's first Planning Commission appearance and must include at a minimum:

  • A list of persons and organizations that received mailed notice of the second neighborhood meeting
  • The date, time, and location of the meeting
  • A list of persons in attendance at the meeting
  • A summary of issues discussed at the meeting

Additionally, any person attending the second neighborhood meeting may submit written comments to the Planning and Development Department. However, the written comments must be received at least 10 days prior to the request's first Planning Commission appearance to be included in the Planning Commission agenda packet.

Planning Commission Review:

Once an application is deemed complete and the report from the second neighborhood meeting has been received the Planning Commission must hold a public meeting on the case. Planning Commission meetings on the second and fourth Tuesday of the month. The case planner assigned to the case presents the staff comments, and the applicant can also make a presentation on the case. These meetings are open to the public and time is allotted for public comment. The Planning Commission has 60 days to make a recommendation to City Council and may refer the request to a sub-committee for further deliberation during that period. If the review cannot be concluded within 60 days, the Planning Commission may request a time extension from the City Council.

City Council Public Hearing:

The City Council must schedule a public hearing within 60 days of receiving the recommendation of the Planning Commission. The public hearing takes place during a regularly scheduled City Council meeting. These meetings are held on the first and third Tuesday of the month. During the public hearing, the applicant and members of the public may speak for or against the case being heard. The City Council can render a final decision at the public hearing, defer the case, or refer the request to a sub-committee for further deliberation.

Applicants wishing to petition for rezoning on a site within two years of a Rezoning Public Hearing for that site must apply to the City Council for a two-year waiver. The applicant must submit the application fee and submit a new, completed application.

    Zoning Conditions

    A zoning petition can be for general use or a conditional use district. General use means that a zoning district from the UDO is applied without additional restrictions or stipulations. A conditional use zoning case allows the applicant to add requirements to their requested zoning In most cases, conditions are more restrictive than the regulations contained in the base zoning that is proposed. Conditions allow the applicant to tailor the zoning such that the potential for negative impacts is reduced and/or positive impacts are increased. Exhibits that illustrate the proposed zoning conditions may be submitted with the rezoning application.

    Fees

    Contact

     

    JP Mansolf
    Planner
    919-996-2180
    JP.Mansolf@raleighnc.gov

    Lead Department:
    Planning and Development
    Service Categories:
    Zoning

    Subscribe