29.
Pursuant to Section 10-2017 of the Code, Raleigh permits the following general
uses as of right at the Property in a R-4 w/SHOD-2 district: a. Church, synagogue, or religious education building; or b. Civic club 30.
Sec. 10-2002 entitled “DEFINITIONS” provides that “[a]ll words and terms used
in Part 10 chapters 1 and 2 have their commonly accepted and ordinary meaning unless they are specifically defined in this Code or the context in which they are used clearly indicates to the contrary.” 31.
The terms “Church” “synagogue” or “religious education building” are not
specifically defined in the Code. 32.
The term “Civic Club” is defined in the Code as “a not for profit club for civic,
social or fraternal purposes operated by a civic, social or fraternal organization, including offices for local, state and regional officials, not including a political party club.” 33.
In light of the not-for-profit religious and office uses currently permitted at the
Property, as well as the City’s Comprehensive Plan, Future Land Use Map, the City’s Zoning Staff Report, Planning Commission approval and recommendation, City Compatibility Study, and Office-Mixed Use zoning of the properties to the North, South, and East of the Property, Hand of Hope had a reasonable expectation that the City of Raleigh would permit it to engage in its ministry and have its not for profit offices at the Property. HAND OF HOPE’S EFFORTS TO OBTAIN RALEIGH’S ZONING APPROVAL 34.
In order to obtain Raleigh’s zoning approval of its intended use of the Property,
Hand of Hope applied in April 2016 to have the property rezoned Office Mixed Use in accordance with Raleigh’s Comprehensive Plan, Future Land Use Map, and Office-Mixed Use zoning of the
10 Case 5:16-cv-00746-BR Document 1 Filed 08/17/16 Page 10 of 28