Buffer Commercial (BC) Legacy District Regulations in Raleigh
The BC: Buffer Commercial designation is classified as a Legacy District within the City of Raleigh Unified Development Ordinance, meaning it remains from the previous Part 10 Zoning Code and is slated for eventual replacement. The City of Raleigh prohibits the creation of any new BC districts or the modification of existing BC district boundaries, and their allowed uses are governed by the limitations of the previous code unless those uses are no longer permitted in the corresponding new UDO general use districts [Sec. 1.3.4, Sec. 1.2.3].
Status and Definition of the BC District
The City of Raleigh identifies BC: Buffer Commercial as one of several "Legacy Districts." These districts were part of the older Part 10 Zoning Code and are maintained in the current Unified Development Ordinance (UDO) only until they are officially rezoned to a UDO-compliant district [Sec. 1.3.4].
Legacy District Restrictions
The City of Raleigh applies the following strict administrative limitations to the BC: Buffer Commercial district:
- No New Districts: No new property may be added to the Official Zoning Map under the BC designation [Sec. 1.3.4].
- Fixed Boundaries: The boundaries of any existing BC: Buffer Commercial district may not be modified [Sec. 1.3.4].
- Phasing Out: These districts will eventually be replaced with modern UDO zoning districts [Sec. 1.3.4].
Table: Raleigh Legacy Districts
| District Symbol | District Name |
|---|---|
| BC | Buffer Commercial |
| R-15, R-20, R-30 | Residential-15, -20, -30 |
| SpR-30 | Special Residential-30 |
| RB | Residential Business |
| O&I-1, -2, -3 | Office and Institution-1, -2, -3 |
| SC | Shopping Center |
| NB | Neighborhood Business |
| BUS | Business |
| TD | Thoroughfare District |
| I-1, I-2 | Industrial-1, -2 |
Allowed and Prohibited Uses in the BC District
Because the BC district is a legacy holdover, its detailed list of permitted uses is not included in the primary UDO Allowed Principal Use Table [Sec. 6.1.4]. Instead, the City of Raleigh uses specific "Rules of Interpretation" to determine what may occur on these properties.
Use Limitations
For any property in the City of Raleigh zoned BC: Buffer Commercial, use limitations are determined as follows:
- Continuance of Former Uses: Use limitations from the original conditional zoning ordinance for the BC property continue to apply [Sec. 1.2.3.D].
- Conflict with New UDO Districts: If a former use allowed under the BC designation is explicitly not allowed in the new corresponding UDO general use zoning district, that use is prohibited [Sec. 1.2.3.D].
- Determination of Limited and Special Uses: Whether a use is considered "Limited" or requires a "Special Use Permit" is determined by the standards of the modern UDO general use district [Sec. 1.2.3.D].
Prohibited Uses
The City of Raleigh explicitly prohibits the following within all districts, which includes legacy areas like BC:
- Non-enumerated Uses: Any use not explicitly allowed as a permitted, limited, or special use is prohibited [Sec. 6.1.5].
- Unlicensed Vehicles: The storage of two or more unlicensed, wrecked, or partially dismantled vehicles is prohibited except in permitted towing yards [Sec. 6.1.5.H].
- Specific Prohibitions: Open dumps and certain school administrative offices in residential contexts are strictly prohibited [Sec. 6.1.5.E, Sec. 6.1.5.F].
Governing Development Standards
Even if a property in the City of Raleigh maintains legacy BC uses, it must adhere to modern UDO standards for physical development if those standards are more restrictive than the original zoning.
Controlling Regulations
| Standard Type | Governing Rule |
|---|---|
| Height | UDO standards control if more stringent than the BC ordinance [Sec. 1.2.3.B]. |
| Setbacks | UDO standards control if more stringent than the BC ordinance [Sec. 1.2.3.B]. |
| Parking | UDO standards control if more stringent than the BC ordinance [Sec. 1.2.3.B]. |
| Landscaping | UDO standards control if more stringent than the BC ordinance [Sec. 1.2.3.B]. |
| Screening | UDO standards control if more stringent than the BC ordinance [Sec. 1.2.3.B]. |
The calculation of height, setback, and parking for any development in a BC district must be performed in accordance with the methodologies defined in the UDO [Sec. 1.2.3.B]. Furthermore, all approval processes for sites zoned BC must follow the procedures established in the modern UDO [Sec. 1.2.3.C].
Sections Cited
- Section 1.2.3 Rules of Interpretation
- Section 1.3.1 General Use Zoning Districts
- Section 1.3.4 Legacy Districts
- Section 6.1.4 Allowed Principal Use Table
- Section 6.1.5 Prohibited Uses