Raleigh Nonconforming Structure Regulations
Lawfully existing nonconforming structures within the City of Raleigh may continue to be used and occupied in their existing configuration, provided they are maintained in accordance with safety codes. While most expansions require a Special Use Permit from the Raleigh Board of Adjustment, any structure damaged by casualty to an extent of 50% or less of its replacement cost may be repaired to its original state if work begins within 12 months. Any voluntary demolition or relocation of a nonconforming structure requires the new construction or relocated building to fully comply with all current Raleigh Unified Development Ordinance standards.
Authority and Applicability
Under the Raleigh Unified Development Ordinance, any structure that was lawfully established but no longer complies with current dimensional standards—such as setbacks, height, or floor area—is granted the authority to continue. These structures may occupy the same land area within the existing size and configuration that existed on the date the structure became nonconforming [Section 10.3.3.B].
Special Exception for Older Structures
The City of Raleigh specifies that buildings or structures constructed prior to September 1, 2013, are not considered nonconforming based on the following specific regulations:
- Build-to requirements [Section 1.5.6]
- Pedestrian access regulations [Section 1.5.8]
- Transparency regulations [Section 1.5.9]
- Blank wall regulations [Section 1.5.10]
- Residential garage parking options [Section 1.5.12]
These exemptions allow older structures to remain in compliance despite not meeting modern design-based standards [Section 1.1.11].
Repair, Maintenance, and Expansion
The City of Raleigh allows for the continued upkeep of nonconforming structures, though it distinguishes between principal structures and site elements.
Principal Structures
Normal maintenance and incidental repairs, including the relocation of non-bearing walls, may be performed on any nonconforming structure [Section 10.3.3.C.1]. For nonconforming residential buildings (including detached houses, attached houses, townhouses, and apartments), repairs and renovations may be made in any amount for the purpose of household living [Section 10.3.3.C.2].
Site Elements
For site elements such as accessory buildings, fences, walls, and outdoor lighting, the cost of renovation and ordinary maintenance cannot exceed 15% of the element's tax value (or original cost if no tax value exists) within a single calendar year [Section 10.3.4.A.1].
Enlargement Rules
A nonconforming structure may be enlarged or altered as long as the modification does not create a new nonconformity or increase the degree of the existing nonconformity [Section 10.3.3.D]. However, the Raleigh Board of Adjustment may issue a Special Use Permit for more significant changes.
| Action Type | Standard/Requirement |
|---|---|
| Expansion (General) | Must comply with all Raleigh UDO requirements including height, bulk, setback, and parking [Section 10.3.6.A.3]. |
| Floor Area Expansion | For a conforming use in a nonconforming structure, the enlargement cannot exceed 25% of the original floor area gross [Section 10.3.6.A.6]. |
| Relocation | Permitted on the same premise if it reduces the extent of nonconformity and more closely conforms to the Raleigh UDO [Section 10.3.6.A.5]. |
Damage, Destruction, and Demolition
The City of Raleigh has strict rules regarding the restoration of nonconforming structures based on the cause and extent of the damage.
Casualty Damage (Accidental)
If a structure is damaged by fire, wind, flood, or other natural acts, the following thresholds apply for determining if it can be restored:
| Damage Level | Restoration Rule |
|---|---|
| 50% or Less | The structure may be repaired and reconstructed to its previous state, provided a valid building permit is obtained within 12 months of the damage [Section 10.3.3.G.2]. |
| More than 50% | The structure cannot be restored unless it conforms to all current Raleigh UDO regulations or a Special Use Permit is granted by the Raleigh Board of Adjustment [Section 10.3.3.G.1]. |
| Airport Overlay (-AOD) | Restoration is prohibited if damage exceeds 80% of the replacement cost unless the structure is brought into full compliance [Section 10.3.3.G.3]. |
Voluntary Demolition
Nothing in the Raleigh Unified Development Ordinance permits the reconstruction of any part of a nonconforming structure that has been voluntarily demolished, except in full conformity with current ordinance standards [Section 10.3.3.F].
Nonconforming Manufactured Homes
The City of Raleigh permits the replacement of nonconforming manufactured homes if the following conditions are met:
- The replacement meets current HUD minimum standards.
- If located in a special flood hazard area, it complies with Raleigh Flood Hazard Area Regulations.
- The period between removal and replacement is less than 365 days.
- The total number of manufactured homes on the site is not increased.
- The gross floor area of the new home does not exceed the floor area of the home it replaced by more than 25% [Section 10.3.3.H].
Sections Cited
- Section 1.1.11 Existing Buildings and Structures
- Section 1.5.6 Build-to
- Section 1.5.8 Pedestrian Access
- Section 1.5.9 Transparency
- Section 1.5.10 Blank Wall Area
- Section 1.5.12 National Register Historic District Residential Garage Parking Options
- 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 10.3.6 Special Use Permits for Nonconformities