Guide to Special Use Permits and Conditional Zoning in the City of Raleigh
In the City of Raleigh, the functions traditionally associated with a "Conditional Use Permit" are handled through two distinct processes: Special Use Permits, which are quasi-judicial approvals for specific uses on a property, and Conditional Zoning, which is a legislative change to the Official Zoning Map that includes site-specific conditions. The City of Raleigh Board of Adjustment grants Special Use Permits based on eight specific "showings" of compatibility, while the City of Raleigh City Council approves Conditional Zoning following a series of required neighborhood meetings and a public hearing [Section 10.2.9, Section 10.2.4].
Special Use Permits (SUP)
A Special Use Permit is required for all uses designated as "S" in the Allowed Principal Use Table of the City of Raleigh Unified Development Ordinance [Section 6.1.4]. These are uses that may be appropriate in a specific district but require individual review due to their potential for incompatibility with adjacent neighbors [Section 10.2.9.A].
Application Process for Special Use Permits
- Pre-Application Conference: Applicants must schedule a conference with the City of Raleigh Planning Director to discuss procedures and standards [Section 10.2.9.B].
- Application Submittal: A formal application must be filed with the City of Raleigh, including all required fees [Section 10.2.9.C].
- Planning Director Review: The Planning Director reviews the application against the required "showings" and advises the applicant [Section 10.2.9.D.1].
- Board of Adjustment Action: The City of Raleigh Board of Adjustment holds a quasi-judicial public hearing. They must approve, approve with conditions, or deny the permit based on the evidence presented [Section 10.2.9.D.2].
Required Showings for Special Use Permit Approval
Before a Special Use Permit is granted, the City of Raleigh Board of Adjustment must find that the applicant has met all the following criteria:
| Showing Number | Requirement Description |
|---|---|
| 1 | The proposed use complies with all applicable provisions of the City of Raleigh UDO. |
| 2 | The proposed use is specifically allowed as a special use in the subject zoning district. |
| 3 | The use complies with all specific use standards in Chapter 6 without requiring a variance. |
| 4 | The use is compatible with adjacent uses regarding location, scale, site design, and hours of operation. |
| 5 | Any adverse impacts on the affected area will be effectively mitigated or offset. |
| 6 | Access for pedestrians, bicycles, and vehicles is safe and adequate for emergency services. |
| 7 | Signage is suitable and appropriate for the site. |
| 8 | Appropriate dedications for streets and utilities will be made prior to building permit issuance. |
Source: [Section 10.2.9.E]
Conditional Zoning Districts (-CU)
Conditional Zoning allows the City of Raleigh City Council to apply a zoning district to a property with specific conditions offered by the owner that are more restrictive than the general district requirements [Section 1.3.2]. These are considered legislative decisions [Section 10.2.4.A].
Requirements for Conditional Rezoning Applications
The City of Raleigh requires significant public engagement for these applications. This includes a mandatory pre-submittal neighborhood meeting for all non-City initiated rezonings [Section 10.2.4.C.1].
A second neighborhood meeting is required if the City of Raleigh application meets any of the following technical thresholds:
| Criteria for Second Meeting | Technical Threshold |
|---|---|
| Property Size | 5 acres or more |
| Height Increase | Increase to 5 stories or more, or a 5-story increase over existing |
| Density Increase | Additional 10 dwelling units per acre or more |
| District Type Change | Change from Residential/CM to a Mixed Use or Special District |
| Planned Development | Any request to create a Planned Development (PD) district |
Source: [Section 10.2.4.C.2.a]
Decision-Making Authority
The summary of authority for these processes in the City of Raleigh is as follows:
| Approval Process | Review Body (Recommendation) | Decision Body (Final Action) | Notice Required |
|---|---|---|---|
| Special Use Permit | Planning Director | Board of Adjustment (Quasi-Judicial) | Web, Posted, Mailed |
| Conditional Rezoning | Planning Commission | City Council (Legislative) | Neighborhood Meeting, Web, Posted, Mailed, Published |
Source: [Section 10.1.8]
Important Limitations and Expirations
- Expiration (SUP): A Special Use Permit issued in the City of Raleigh expires after 1 year unless a building permit or zoning permit has been filed and accepted by the City [Section 10.2.9.H.1].
- Conditions (SUP): An approved permit cannot be modified (e.g., increasing size, changing use for 30+ days, or adding outdoor machinery) without new approval from the Board of Adjustment [Section 10.2.9.G].
- Prohibited Conditions (Rezoning): Conditional zoning petitions cannot include conditions that discriminate based on race or religion, or specify a minimum value of improvements [Section 10.2.4.D.2.e].
- Time Lapse: If a rezoning is denied by the City of Raleigh City Council, the Planning Director is generally authorized to reject any new application for the same property for 24 months [Section 10.2.4.G].
Sections Cited
- Article 1.3. Zoning Districts
- Section 1.3.2. Conditional Zoning Districts
- Section 6.1.4. Allowed Principal Use Table
- Section 10.1.8. Summary of Review Authority
- Section 10.2.1. Common Review Procedures
- Section 10.2.4. Rezoning
- Section 10.2.9. Special Use Permit