Pedestrian Business Overlay District (PBOD) Status and Modification Standards
In the City of Raleigh, the Pedestrian Business Overlay District (PBOD) is strictly classified as a Legacy District that is no longer available for new applications or boundary expansions [Section 1.3.4]. Because it is a holdover from the previous "Part 10 Zoning Code," its specific modifying standards for development are not detailed within the current Unified Development Ordinance (UDO), though existing use limitations continue to apply under specific interpretive rules [Section 1.2.3.D].
Classification as a Legacy District
The City of Raleigh Unified Development Ordinance categorizes the Pedestrian Business Overlay District (PBOD) as a legacy district. These designations represent zoning categories that existed before the adoption of the current UDO. Per the City of Raleigh code, these districts will eventually be phased out and replaced with modern UDO zoning districts [Section 1.3.4].
The UDO enforces the following restrictions on the Pedestrian Business Overlay District (PBOD):
- No New Districts: No new PBOD designations may be added to the Official Zoning Map [Section 1.3.4].
- No Boundary Modifications: The boundaries of any existing Pedestrian Business Overlay District (PBOD) cannot be modified or extended [Section 1.3.4].
- Conditional Existence: The PBOD may exist either as a general use district or as a conditional district [Section 1.3.4].
Rules of Interpretation for Modification
Because the Pedestrian Business Overlay District (PBOD) is a legacy district, its interactions with the City of Raleigh's current base districts are governed by the Rules of Interpretation. If a property is subject to a conditional zoning ordinance that limits uses to those found in the legacy PBOD, the following UDO rules apply:
- Use Limitations: Original use limitations from the legacy code continue to apply unless the use is explicitly prohibited by the property's new UDO general use zoning district [Section 1.2.3.D].
- Determining Use Types: Limited uses and special uses are determined by the standards of the current UDO general use district rather than the legacy district [Section 1.2.3.D].
- Stringent Regulations Control: In any conflict regarding height, setbacks, parking, or landscaping, the UDO standards control if they are more stringent than those in the legacy or conditional district ordinance [Section 1.2.3.B].
Comparison of Active and Legacy Overlay Districts
The City of Raleigh distinguishes between active overlay districts, which have defined standards in the UDO, and legacy overlay districts like the PBOD.
| Overlay Type | District Code | Status | Source Code |
|---|---|---|---|
| Pedestrian Business | PBOD | Legacy | Part 10 Zoning Code |
| Transit Overlay | -TOD | Active | Unified Development Ordinance |
| Downtown Overlay | DOD | Legacy | Part 10 Zoning Code |
| Neighborhood Conservation | -NCOD | Active | Unified Development Ordinance |
| Airport Overlay | -AOD | Active | Unified Development Ordinance |
| Metro-Park Overlay | -MPOD | Active | Unified Development Ordinance |
Transition to Current Standards
Properties currently located within a Pedestrian Business Overlay District (PBOD) are subject to the City of Raleigh's broader transition policies. For example, buildings or structures constructed prior to September 1, 2013, are not considered nonconforming based on newer UDO requirements for "build-to" ranges, pedestrian access, or transparency [Section 1.1.11]. However, if a legacy PBOD use is discontinued or abandoned for 365 consecutive days or more, it cannot be reestablished, and the property must then conform to the City of Raleigh UDO [Section 10.3.2.F].
Sections Cited
- Section 1.1.11: Existing Buildings and Structures
- Section 1.2.3: Rules of Interpretation
- Section 1.3.3: Overlay Districts
- Section 1.3.4: Legacy Districts
- Section 10.3.2: Nonconforming Uses