Regulations and Use Status for the O&I-3 Legacy District in Raleigh
The O&I-3: Office and Instituion-3 (sic) designation is officially classified as a Legacy District within the City of Raleigh, meaning it exists under the previous Part 10 Zoning Code rather than the current Unified Development Ordinance (UDO). Because O&I-3 is a legacy category, the City of Raleigh prohibits the creation of any new O&I-3 districts or the modification of any existing O&I-3 boundaries. Use limitations for properties currently carrying the O&I-3 designation continue to be governed by their original ordinances, provided those uses are still permitted under the broader Raleigh UDO framework.
Legacy Status of the O&I-3 District
In the City of Raleigh, the O&I-3 district is part of a specific group of zoning categories known as Legacy Districts. These districts were established under the older Part 10 Zoning Code and remain in effect for specific properties until they are formally replaced by a modern Raleigh UDO zoning district [Section 1.3.4].
The City of Raleigh has established the following strict regulations regarding the maintenance of the O&I-3 designation:
- No New Districts: No new O&I-3 legacy districts may be added to the Official Zoning Map of the City of Raleigh.
- No Boundary Modifications: The boundaries of any existing O&I-3 district in Raleigh cannot be modified.
- Format: These legacy districts may exist as either a general use district or a conditional district [Section 1.3.4].
Raleigh Legacy District Inventory
The O&I-3 district is one of several legacy designations identified by the City of Raleigh that are slated for eventual replacement.
| District Code | District Name |
|---|---|
| R-15 | Residential-15 |
| R-20 | Residential-20 |
| R-30 | Residential-30 |
| SpR-30 | Special Residential-30 |
| RB | Residential Business |
| O&I-1 | Office and Instituion-1 |
| O&I-2 | Office and Instituion-2 |
| O&I-3 | Office and Instituion-3 |
| BC | Buffer Commercial |
| SC | Shopping Center |
| NB | Neighborhood Business |
| BUS | Business |
| TD | Thoroughfare District |
| I-1 | Industrial-1 |
| I-2 | Industrial-2 |
[Section 1.3.4]
Use Limitations and Interpretation
Because O&I-3 is not a primary UDO district, a specific "Allowed Use Table" for O&I-3 is not included in the current Raleigh UDO. Instead, the City of Raleigh applies the following rules of interpretation for properties currently zoned as O&I-3:
Continuation of Existing Use Limitations
If a conditional zoning ordinance in the City of Raleigh limits uses to those allowed in the former O&I-3 legacy district, those specific use limitations shall continue to apply to the property. However, this is subject to a significant exception: if a use formerly allowed under the O&I-3 code is explicitly not allowed in the corresponding new Raleigh UDO general use zoning district, that use is no longer permitted [Section 1.2.3.D].
Determination of Limited and Special Uses
For any property in Raleigh maintaining an O&I-3 designation, the determination of what constitutes a "Limited Use" or a "Special Use" is governed by the regulations of the current Raleigh UDO general use district that most closely corresponds to the site, rather than the old legacy code [Section 1.2.3.D].
Prohibited Uses and Conflicts
The City of Raleigh UDO maintains that any use not explicitly allowed as a permitted use, limited use, or special use in a zoning district is strictly prohibited [Section 6.1.5].
Furthermore, if there is a conflict between the legacy O&I-3 conditions and the current Raleigh UDO regarding height, setbacks, parking, or landscaping, the following rules apply:
- Stringency: The Raleigh UDO height, setback, parking, landscaping, and screening regulations are controlling whenever they are more stringent than the legacy O&I-3 conditional zoning ordinance [Section 1.2.3.B].
- Calculations: All calculations for height, setbacks, and parking must be performed in accordance with the current Raleigh UDO standards [Section 1.2.3.B].
- Processes: All approval processes must follow the regulations and procedures set forth in the current Raleigh UDO [Section 1.2.3.C].
Sections Cited
- Section 1.2.3 Rules of Interpretation
- Section 1.3.4 Legacy Districts
- Section 6.1.4 Allowed Principal Use Table
- Section 6.1.5 Prohibited Uses