Expanding or Modifying Nonconforming Buildings in the City of Raleigh
In the City of Raleigh, buildings that do not comply with current Unified Development Ordinance (UDO) standards may be maintained and repaired, but enlargements are strictly limited to ensure they do not increase the existing level of nonconformity. Any expansion of a nonconforming use or a structure exceeding specific floor area thresholds requires a Special Use Permit from the Raleigh Board of Adjustment [Sec. 10.3.3.D, Sec. 10.3.6.A].
General Modification Standards
The City of Raleigh UDO distinguishes between nonconforming uses (the activity in the building) and nonconforming structures (the physical building itself). While both are allowed to continue, the rules for modification vary.
| Regulation Type | Modification/Expansion Limit | Required Authority |
|---|---|---|
| Nonconforming Use Expansion | Cannot exceed 25% of total gross area | Special Use Permit [Sec. 10.3.6.A.3] |
| Structure Enlargement (for Conforming Use) | Must not increase degree of nonconformity | Administrative Approval [Sec. 10.3.3.D] |
| Structure Enlargement (for Nonconforming Use) | Cannot exceed 25% of gross floor area | Special Use Permit [Sec. 10.3.6.A.6] |
| Site Element Maintenance (Fences/Parking) | Max 15% of tax value per calendar year | Administrative Approval [Sec. 10.3.4.A] |
| Restoration (Damage/Casualty) | Damage must be ≤ 50% of replacement cost | Administrative (within 12 months) [Sec. 10.3.3.G] |
Structures Not Considered Nonconforming
Under the City of Raleigh UDO, certain buildings constructed prior to September 1, 2013, are explicitly excluded from being classified as nonconforming based on specific design standards. These buildings do not need to meet current regulations for:
- Build-to regulations [Sec. 1.5.6];
- Pedestrian access regulations [Sec. 1.5.8];
- Transparency regulations [Sec. 1.5.9];
- Blank wall regulations [Sec. 1.5.10]; and
- Residential garage parking options [Sec. 1.5.12, Sec. 1.1.11].
Enlarging Nonconforming Principal Structures
In any City of Raleigh district, a nonconforming structure used for a conforming use may be enlarged or altered as long as the change does not create an additional nonconformity or increase the degree of the existing nonconformity. The enlargement must also comply with all other applicable UDO regulations [Sec. 10.3.3.D].
For properties subject to "Build-To" requirements (often found in Mixed Use Districts), the City of Raleigh allows expansions of up to 25% of the existing gross floor area or 1,000 square feet (whichever is greater) without requiring the property to be brought into full compliance with the build-to standards [Sec. 3.4.2.C].
Expansion of Nonconforming Uses
If the use itself is nonconforming (e.g., a commercial business in a Residential District), the City of Raleigh prohibits expansion, enlargement, or increased intensity unless a Special Use Permit is issued by the Board of Adjustment [Sec. 10.3.2.C].
When the Board of Adjustment reviews a request to expand a nonconforming use, it must find that:
- The expansion does not exceed 25% of the total gross area occupied by the original use [Sec. 10.3.6.A.3].
- The expansion complies with all UDO requirements for height, setbacks, and parking [Sec. 10.3.6.A.3].
- The change will have no greater adverse effect on the surrounding property regarding noise, traffic, or vibration than the existing use [Sec. 10.3.6.A.4].
Repair and Maintenance after Damage
The City of Raleigh permits the restoration of a nonconforming structure that has been damaged or partially destroyed by casualty (such as fire or flood) if the damage is 50% or less of the replacement cost. Such repair must commence with a valid building permit within 12 months of the damage [Sec. 10.3.3.G.2].
If the damage exceeds 50% of the replacement cost, the structure cannot be restored unless it is brought into full compliance with the City of Raleigh UDO or a Special Use Permit is granted by the Board of Adjustment [Sec. 10.3.3.G.1].
Nonconforming Site Elements
For site elements such as outdoor lighting, fences, walls, and vehicular surface areas, the City of Raleigh limits "ordinary maintenance and repair" expenditures. These costs cannot exceed 15% of the tax value of the nonconforming site element within any single calendar year [Sec. 10.3.4.A]. If a nonconforming site element is discontinued for 365 consecutive days, it cannot be resumed or reoccupied [Sec. 10.3.4.D].
Sections Cited
- Sec. 1.1.11. Existing Buildings and Structures
- Sec. 3.4.2. General Requirements
- Sec. 10.3.1. In General
- Sec. 10.3.2. Nonconforming Uses
- Sec. 10.3.3. Nonconforming Principal Structures
- Sec. 10.3.4. Nonconforming Site Elements
- Sec. 10.3.6. Special Use Permits for Nonconformities