Rebuilding Nonconforming Structures in Raleigh, North Carolina
A nonconforming building in the City of Raleigh may be legally rebuilt if the damage or destruction does not exceed 50% of the structure's replacement cost, provided reconstruction begins within 12 months of the event. If damage exceeds this 50% threshold, the property owner must either bring the building into full compliance with the Raleigh Unified Development Ordinance or obtain a Special Use Permit from the Raleigh Board of Adjustment. These rules apply to both nonconforming uses and nonconforming principal structures, with specific variations for properties located in specialized overlay districts like the Airport Overlay District.
General Rules for Damage and Destruction
Under the Raleigh Unified Development Ordinance, the ability to restore a nonconforming building depends primarily on the extent of the damage and the cause of the destruction.
Damage of 50% or Less
If a conforming structure housing a nonconforming use or a nonconforming principal structure is damaged by any means other than voluntary demolition to an extent of 50% or less of its replacement cost, it may be repaired and reconstructed. To maintain this right, the property owner must commence repair or reconstruction with a valid building permit within 12 months of the date of the damage or destruction [Sec. 10.3.2.G.2, Sec. 10.3.3.G.2].
Damage Exceeding 50%
When damage exceeds 50% of the replacement cost, the structure cannot be restored unless it is brought into full compliance with the regulations of the district in which it is located. Alternatively, a property owner may apply for a Special Use Permit from the Raleigh Board of Adjustment to allow for restoration [Sec. 10.3.2.G.1, Sec. 10.3.3.G.1].
Summary of Rebuilding Standards
| Building or Element Type | Damage/Cost Threshold | Rebuilding Requirement |
|---|---|---|
| Nonconforming Structure or Use | 50% or less of replacement cost | Permitted if work begins within 12 months [Sec. 10.3.3.G.2]. |
| Nonconforming Structure or Use | Greater than 50% of replacement cost | Must comply with current UDO or receive a Special Use Permit [Sec. 10.3.3.G.1]. |
| Airport Overlay District (-AOD) | Greater than 80% of replacement cost | No repair permitted unless compliant or a Special Use Permit is granted [Sec. 10.3.3.G.3]. |
| Nonconforming Site Elements | Less than 50% of tax value | Rebuilding allowed if nonconformity is not expanded and work starts within 12 months [Sec. 10.3.4.B]. |
| Nonconforming Site Elements | 50% or more of tax value | Must be rebuilt in full compliance with the UDO [Sec. 10.3.4.B.2.b]. |
| Voluntary Demolition | Any | Reconstruction must comply fully with all provisions of the UDO [Sec. 10.3.3.F]. |
Determining Replacement Cost
The City of Raleigh provides two methods for calculating the replacement cost used to determine the 50% threshold. The property owner has the right to choose which of the following methods to use:
- Market Data: The median value based on "Square Foot Costs" established by the most recent edition of Building Construction Cost Data published by R.S. Means.
- Tax Value: The most recent tax value for the building as reported in the applicable county tax office (Wake or Durham County) [Sec. 10.3.2.G.4, Sec. 12.2].
The percentage of damage is calculated by using the selected replacement value of the entire structure as the denominator and the selected replacement value of the damaged portion as the numerator [Sec. 10.3.2.G.5].
Exceptions for Overlay Districts and Specific Cases
The City of Raleigh applies unique standards for certain districts and building types:
- Airport Overlay District (-AOD): The threshold for mandatory compliance is higher in the -AOD. Rebuilding is only restricted if damage exceeds 80% of the replacement cost [Sec. 10.3.3.G.3].
- Neighborhood Conservation Overlay District (-NCOD): A nonconforming structure can be rebuilt or restored even if it fails to conform to -NCOD standards [Sec. 10.3.3.G.6].
- Nonconforming Manufactured Homes: These may be replaced if the new home meets HUD standards, complies with flood hazard regulations (if applicable), is replaced within 365 days, and the floor area does not increase by more than 25% [Sec. 10.3.3.H].
- Public Acquisition: If a building becomes nonconforming due to the City of Raleigh acquiring a right-of-way or easement (e.g., for a road widening project), it is not considered a zoning nonconformity under the rebuilding restrictions of Article 10.3 [Sec. 10.3.1.C].
Special Use Permits for Restoration
If a nonconforming building is damaged beyond the 50% threshold, the Raleigh Board of Adjustment may still grant a Special Use Permit for its restoration. To receive this permit, the applicant must demonstrate that:
- The requested repair or reconstruction will not be injurious to property or improvements in the affected area.
- The project meets the general "Showings" required for all special use permits, including compatibility with adjacent uses and adequate safety for pedestrians and traffic [Sec. 10.3.6.B, Sec. 10.2.9.E].
Sections Cited
- Sec. 10.2.9. Special Use Permit
- 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
- Sec. 12.2. Defined Terms