Legal Nonconforming Uses and Structures in the City of Raleigh
In the City of Raleigh, a legal nonconforming use (commonly known as a grandfathered use) may continue provided it is not expanded, changed to another nonconforming use, or relocated without a Special Use Permit from the Board of Adjustment. If a nonconforming use or site element in the City of Raleigh is discontinued or abandoned for a period of 365 consecutive days or more, it loses its legal status and must comply with current Unified Development Ordinance (UDO) standards. Additionally, if a nonconforming structure is damaged or destroyed by more than 50% of its replacement cost, it generally cannot be restored unless it is brought into full compliance with current Raleigh regulations [Section 10.3.2.A, Section 10.3.2.F, Section 10.3.3.G].
Authority to Continue Nonconforming Status
A nonconforming use or structure in the City of Raleigh is one that was lawfully established and in existence on September 1, 2013 (or the date of a subsequent amendment), but which no longer conforms to the current requirements of the Raleigh UDO [Section 10.3.1.A].
Nonconforming Uses
A lawfully existing nonconforming use may continue operation on the same land area and within the same floor area it occupied when it became nonconforming. However, the City of Raleigh prohibits the increase of the number of dwelling units or the reduction of land area per dwelling unit for such uses [Section 10.3.2.A.1].
Nonconforming Principal Structures
A lawfully existing nonconforming structure may continue to occupy the same land area within its existing size and configuration [Section 10.3.3.B]. The City of Raleigh allows for normal maintenance and incidental repairs, including the relocation of non-bearing walls, adding handicapped accessibility features, and updating wiring or plumbing [Section 10.3.3.C.1].
Restrictions on Changes and Expansions
The City of Raleigh strictly regulates the alteration of nonconforming entities. Most significant changes require a Special Use Permit issued by the City of Raleigh Board of Adjustment.
| Type of Change | Regulation in the City of Raleigh | Reference Section |
|---|---|---|
| Expansion of Use | Prohibited unless a Special Use Permit is issued. | Section 10.3.2.C |
| Change of Use | May only be changed to a permitted use in the district. Once changed, it cannot revert. | Section 10.3.2.E |
| Relocation | Prohibited unless the structure/use conforms to the new location's district rules. | Section 10.3.2.D |
| Enlargement of Structure | Allowed if it does not create a new or increase an existing nonconformity. | Section 10.3.3.D |
| Abandonment | Status is lost after 365 consecutive days of vacancy or discontinuance. | Section 10.3.2.F.1 |
Special Use Permit for Nonconformities
Under the Raleigh UDO, the Board of Adjustment may grant a Special Use Permit to allow certain expansions or changes if the applicant demonstrates the following:
- The expansion does not exceed 25% of the total gross area occupied by the original nonconforming use [Section 10.3.6.A.3.b].
- The change will have no greater adverse effect on the surrounding property regarding noise, traffic, or nighttime operations than the existing use [Section 10.3.6.A.4.a].
- The enlargement or alteration of a structure does not exceed 25% of the original floor area gross [Section 10.3.6.A.6].
Damage, Destruction, and Casualties
The City of Raleigh applies specific thresholds for the reconstruction of nonconforming buildings that have been damaged by fire, wind, or other natural acts.
| Condition | Reconstruction Rule | Reference Section |
|---|---|---|
| Damage $\leq$ 50% of cost | May be repaired/reconstructed for the same purpose if a permit is obtained within 12 months. | Section 10.3.3.G.2 |
| Damage > 50% of cost | Cannot be restored unless the structure and use conform to current UDO regulations. | Section 10.3.3.G.1 |
| Airport Overlay District | No repair allowed if damage exceeds 80% of replacement cost, unless brought into compliance. | Section 10.3.3.G.3.a |
Nonconforming Site Elements
Site elements include items such as off-street parking, outdoor lighting, fences, walls, and landscaping. The City of Raleigh allows these to be maintained, but sets limits on expenditures for renovations [Section 10.3.4.A]:
- Expenditure Limit: The cost of renovation or repair to a nonconforming site element cannot exceed 15% of its property tax value in any one calendar year [Section 10.3.4.A.1].
- Substitution of Impervious Surface: Nonconforming impervious surfaces may be substituted for one another if the total amount of impervious surface is not increased and the new placement conforms to the Raleigh UDO [Section 10.3.4.E].
- Casualty Rule: Rebuilding a nonconforming site element after a casualty is allowed if the cost is less than 50% of its tax value and the nature of the nonconformity is not expanded [Section 10.3.4.B].
Nonconforming Lots of Record
In any City of Raleigh district where single-unit or two-unit living is permitted, a detached or attached house may be built on a nonconforming lot if the lot was recorded separately and individually from adjoining tracts at a time when its creation was not prohibited by any building or zoning ordinance [Section 10.3.5.A].
Enforcement and Penalties
Failure to comply with the nonconformity rules of the City of Raleigh is considered a violation of the Raleigh City Code.
| Violation Type | Penalty Amount | Reference Section |
|---|---|---|
| Initial Citation | $100 per violation | Section 10.4.2.A.2 |
| Continuing Violation | $500 per day | Section 10.4.2.E.2 |
| Administrative Fee | $100 per issued citation | Section 10.4.3 |
Sections Cited
- Section 1.1.11 (Existing Buildings and Structures)
- Section 10.3.1 (Nonconformities: In General)
- Section 10.3.2 (Nonconforming Uses)
- Section 10.3.3 (Nonconforming Principal Structures)
- Section 10.3.4 (Nonconforming Site Elements)
- Section 10.3.5 (Nonconforming Lots of Record)
- Section 10.3.6 (Special Use Permits for Nonconformities)
- Section 10.4.2 (Civil Penalty)
- Section 10.4.3 (Administrative Fee)