Raleigh Unified Development Ordinance: Minor Deviations and Administrative Adjustments
In the City of Raleigh, minor modifications to approved site plans allow for up to a 15% increase in gross floor area or a 15% reduction in approved setbacks without requiring additional public notice. Administrative amendments to Campus (CMP) and Planned Development (PD) master plans are permitted for density or floor area changes of up to 10%. Qualitative relief from specific built-form standards, such as transparency and build-to requirements, is handled through the Design Alternate process via a quasi-judicial hearing.
Minor Modifications to Approved Site Plans
Under the City of Raleigh Unified Development Ordinance (UDO), once a site plan has been approved, certain changes are classified as "minor modifications." These changes can be approved administratively by the Development Services Director without additional public notice, provided they do not exceed specific thresholds [Section 10.2.8.E.1].
Minor Modification Thresholds
The following table outlines the maximum allowable deviations for a minor modification in the City of Raleigh:
| Category | Maximum Allowable Change (Administrative) |
|---|---|
| Gross Floor Area | Up to a 15% increase or any decrease |
| Approved Setbacks | Up to a 15% reduction from exterior property lines |
| Dwelling/Rooming Units | Up to a 15% increase or any decrease |
| Number of Seats | Up to a 15% increase or any decrease (principal places of assembly) |
| Building Height | Up to a 15% increase (must not exceed maximum height standards of Art. 3.3) |
| Parking Spaces | Any increase to comply with Sec. 7.1.2 or any decrease as long as it meets UDO minimums/maximums |
Other Permitted Minor Modifications
The City of Raleigh also allows the following as minor modifications [Section 10.2.8.E.1]:
- Relocation of Features: Moving parking areas, internal driveways, or structures, provided they remain more than 50 feet from exterior property lines.
- Use Substitutions: Changing to a different use within the same use category (e.g., Residential, Commercial, Industrial, or Open) that uses the same building type and does not require a Special Use Permit.
- Site Features: Deleting or changing items not required by the UDO, such as recreational facilities or ornamental plantings.
- Utility Easements: Relocating public utility line easements that do not involve moving them into a Conservation Management (CM) district or a protected yard.
Design Alternates
The City of Raleigh provides a "Design Alternate" process for applicants seeking relief from specific built-form regulations. Unlike a variance, which is based on hardship, a Design Alternate is a request to meet the intent of the UDO through an alternative design [Section 10.2.17].
Scope of Design Alternates
Design Alternates are available for the following specific City of Raleigh UDO standards:
- Build-To: Requirements for building placement relative to the street [Section 1.5.6.D].
- Pedestrian Access: Regulations regarding street-facing entrances [Section 1.5.8.C].
- Transparency: Minimum glass requirements for building facades [Section 1.5.9.C].
- Blank Wall Area: Limits on expansive, undifferentiated wall surfaces [Section 1.5.10.D].
- Residential Garages: Parking options within National Register Historic Districts [Section 1.5.12.C].
- Building Massing: Stepback and floor plate requirements for tall buildings [Section 3.3.3.D].
The Planning Commission or Design Review Commission (acting in a quasi-judicial capacity) has the authority to approve these alternates if the proposed design is consistent with the intent of the regulations and does not negatively impact the pedestrian environment [Section 10.2.17.D].
Master Plan Administrative Amendments
For developments within the Campus (CMP) and Planned Development (PD) districts, the Planning Director is authorized to administratively approve certain amendments to an approved master plan [Section 4.6.4 and Section 4.7.6].
Master Plan Amendment Thresholds
| Amendment Type | Maximum Allowable Change (Administrative) |
|---|---|
| Residential Density | Increase or decrease not to exceed 10% |
| Nonresidential Square Footage | Increase or decrease not to exceed 10% |
| Floor Area/Unit Transfer | Transfer between subareas not to exceed 20% per standard |
| Location of Buildings/Parking | Adjustment in distance to property line not exceeding 100 feet |
Limitations on Master Plan Adjustments
In the City of Raleigh, administrative adjustments to building or parking locations cannot move the feature closer to a property line than shown on the approved Master Plan if that feature was originally located within 50 feet of a property line. Additionally, no administrative adjustment can place a feature closer than 50 feet to the boundary of a Campus (CMP) or Planned Development (PD) district [Section 4.6.4.A.5 and Section 4.7.6.A.5].
Residential Infill Compatibility
In R-4, R-6, and R-10 districts, the City of Raleigh applies "Residential Infill Compatibility" standards to sites of 5 acres or less. This process creates administrative adjustments to setbacks based on a "comparative sample" of the four closest principal buildings on the same block face [Section 2.2.7].
Setback Adjustments based on Lot Width
The primary street setback for a new building is adjusted according to the median of the comparative sample and the subject lot width:
| Subject Lot Width | Allowable Modification to Median Setback |
|---|---|
| 50 feet or less | Within 10% of median |
| More than 50 feet up to 65 feet | Within 15% of median |
| More than 65 feet up to 80 feet | Within 20% of median |
| More than 80 feet | Within 25% of median |
Sections Cited
- Section 1.5.6.D. Build-To Design Alternate Findings
- Section 1.5.8.C. Pedestrian Access Design Alternate Findings
- Section 1.5.9.C. Transparency Design Alternate Findings
- Section 1.5.10.D. Blank Wall Area Design Alternate Findings
- Section 1.5.12.C. Residential Garage Design Alternate Findings
- Section 2.2.7. Residential Infill Compatibility
- Section 3.3.3.D. Building Massing Design Alternate Findings
- Section 4.6.4. Campus Master Plan Amendments
- Section 4.7.6. Planned Development Master Plan Amendments
- Section 10.2.8.E. Modifications to an Approved Site Plan
- Section 10.2.17. Design Alternate