Expiration of Nonconforming Use Legal Status in Raleigh
A nonconforming use in the City of Raleigh generally loses its legal status if it is discontinued, vacated, or abandoned for a period of 365 consecutive days or more [Sec. 10.3.2.F.1]. However, within the Transit Overlay District (-TOD), the City of Raleigh allows a longer grace period, permitting a nonconforming use to be re-established if it has been discontinued for fewer than 730 consecutive days [Sec. 5.5.1.J.2.a]. Once these time limits are exceeded, any subsequent use or occupancy of the land or structure must comply with the current regulations of the City of Raleigh zoning district in which the property is located [Sec. 10.3.2.F.3].
General Rules for Abandonment and Discontinuance
In most zoning districts within the City of Raleigh, the legal right to maintain a nonconforming use is tied to its continuous operation. The Raleigh Unified Development Ordinance (UDO) establishes two primary ways a use is considered terminated due to a lapse in activity:
- Physical Vacancy or Discontinuance: If a nonconforming use of land or a structure is vacated or abandoned for 365 consecutive days, it cannot be resumed [Sec. 10.3.2.F.1].
- Lack of Required Licensing: If a nonconforming use requires a specific license or permit to operate and the owner or operator fails to maintain that license for 365 consecutive days, the use is officially terminated [Sec. 10.3.2.F.2].
Technical Time Limits for Nonconformity Lapses
The following table summarizes the maximum duration a nonconforming entity may be vacant or discontinued before losing its legal status under the City of Raleigh UDO:
| Entity Type / Location | Maximum Duration of Vacancy or Discontinuance |
|---|---|
| General Nonconforming Use (City-wide) | 365 consecutive days |
| Nonconforming Use in Transit Overlay District (-TOD) | 730 consecutive days |
| Nonconforming Site Element (e.g., parking, lighting) | 365 consecutive days |
| Reinstallation after Government-Funded Project | 180 days from project completion |
Special Provisions and Exceptions
Transit Overlay District (-TOD)
The City of Raleigh provides more flexibility for properties within the Transit Overlay District (-TOD). For uses made nonconforming solely due to the application of the -TOD requirements, the use may be re-established as long as the period of discontinuance or abandonment is less than 730 days. This applies to both voluntary and involuntary cessation of the use [Sec. 5.5.1.J.2.a].
Nonconforming Site Elements
Nonconforming site elements, such as off-street parking, vehicular surface areas, or outdoor lighting, follow the standard 365-day rule for resumptions. If these elements are discontinued or unused for 365 days, they may not be restarted or reoccupied [Sec. 10.3.4.D].
An exception exists for City of Raleigh government-initiated projects. If a nonconforming site element is discontinued because of a government-funded project, it may be reinstalled like-for-like, provided the reinstallation occurs within 180 days of the project's completion and meets safety standards for sight triangles, pedestrian safety, and flood prevention [Sec. 10.3.4.D].
Change to a Permitted Use
The legal status of a nonconforming use is also lost if the use is changed to a permitted use. Under City of Raleigh regulations, a use is deemed "changed" once the nonconforming use has ended and a permitted use has commenced and continued for at least 7 days. After this 7-day period, the property must remain in compliance with the permitted uses of the underlying zoning district [Sec. 10.3.2.E].
Sections Cited
- Section 5.5.1. Transit Overlay District (-TOD)
- Section 10.3.2. Nonconforming Uses
- Section 10.3.4. Nonconforming Site Elements