BUS: Business District Legacy Zoning and Setback Regulations
The BUS: Business district is classified as a "Legacy District" by the City of Raleigh, which means its specific dimensional standards are maintained from the municipality’s previous zoning code and are not explicitly redefined in the current Unified Development Ordinance (UDO) tables [Section 1.3.4]. While the UDO refers to the prior code for the BUS: Business district's exact footages, it mandates that modern UDO standards for setbacks and height apply if they are more stringent than a property's existing conditions or conditional zoning [Section 1.2.3]. For current commercial developments in the City of Raleigh, the UDO typically requires primary street setbacks ranging from 5 to 10 feet depending on the specific building type [Section 3.2.1, Section 3.2.5].
Legacy Status of the BUS: Business District
The City of Raleigh identifies the BUS: Business district as a legacy zoning category. These districts are preserved from the "Part 10 Zoning Code" that predated the current Unified Development Ordinance. According to the City of Raleigh UDO, no new legacy districts may be established, and the boundaries of existing legacy districts cannot be modified [Section 1.3.4]. They are intended to remain in effect only until they are eventually replaced by a current UDO zoning district, such as Commercial Mixed Use (CX-) or Neighborhood Mixed Use (NX-).
Rules of Interpretation for Setbacks
For properties within the City of Raleigh that still carry a legacy or conditional zoning designation, the UDO provides specific rules of interpretation regarding setbacks:
- Stringency Rule: The UDO height, setback, parking, landscaping, and screening regulations are controlling whenever they are more stringent than those found in a conditional zoning district ordinance [Section 1.2.3.B].
- Calculation Method: All calculations for setbacks and height must be performed in accordance with the current standards set forth in the City of Raleigh UDO, regardless of the legacy status of the district [Section 1.2.3.B].
- Transition Requirement: Neighborhood transitions apply to any property when it is adjacent to a residential district, potentially requiring additional buffer yards or restricted height zones regardless of the base district [Section 3.1.2.D].
Comparative Setback Standards for Mixed Use Districts
Since the BUS: Business district is a legacy category, property owners often look to the UDO's active Mixed Use districts for reference. The most common counterparts for business and commercial activity in the City of Raleigh are the NX- (Neighborhood Mixed Use) and CX- (Commercial Mixed Use) districts.
The table below outlines the base dimensional standards for these active commercial categories as defined in the City of Raleigh UDO:
| Standard | Detached House (Mixed Use) | General Building (Mixed Use) |
|---|---|---|
| Applicable Districts | RX-, OX-, NX-, CX- | OP-, OX-, NX-, CX- |
| Primary Street (Front) Setback | 10' min. | 5' min. |
| Side Street Setback | 10' min. | 5' min. |
| Side Lot Line Setback | 5' min. | 0' or 6' min. |
| Rear Lot Line Setback | 20' min. | 0' or 6' min. |
| Setback from Alley | 4' or 20' min. | 5' min. |
[Section 3.2.1, Section 3.2.5]
Sections Cited
- Section 1.2.3. Rules of Interpretation
- Section 1.3.4. Legacy Districts
- Section 3.1.1. District Intent Statements
- Section 3.1.2. District Components
- Section 3.2.1. Detached House (Base Dimensional Standards)
- Section 3.2.5. General Building (Base Dimensional Standards)