Regulations for SHOD-3: Special Highway Overlay District-3
In the City of Raleigh Unified Development Ordinance, the SHOD-3: Special Highway Overlay District-3 is classified as a legacy district that originated in the previous Part 10 Zoning Code. While the City of Raleigh allows existing SHOD-3 overlays to remain in effect on the Official Zoning Map, no new SHOD-3 districts may be established and no existing boundaries may be modified, as they are intended to be replaced by modern Unified Development Ordinance (UDO) corridor overlays [Section 1.3.4].
Regulatory Status of SHOD-3 in the City of Raleigh
The SHOD-3: Special Highway Overlay District-3 is part of a category of zoning designations known as Legacy Districts. According to the City of Raleigh Unified Development Ordinance, these districts are maintained only for properties where they were already applied prior to the adoption of the current code [Section 1.3.4].
Because the SHOD-3 is a legacy district, its specific dimensional and performance standards are found in the older Part 10 Zoning Code rather than the current UDO. However, the City of Raleigh provides strict rules on how these legacy overlays interact with modern base zoning districts and standards.
Conflict Resolution and Stringency Standards
When a property in the City of Raleigh is subject to a SHOD-3 legacy overlay, there may be conflicts between the legacy standards and the modern UDO base district standards. The City of Raleigh applies a "more stringent" rule to resolve these discrepancies.
The following table outlines how the City of Raleigh determines which standards apply to a site with a legacy overlay:
| Standard Type | Controlling Regulation |
|---|---|
| General Use District | The modern UDO general use district (the base district) is controlling [Section 1.2.3.A]. |
| Height and Setbacks | UDO standards control if they are more stringent than the SHOD-3 legacy standards [Section 1.2.3.B]. |
| Parking and Landscaping | UDO standards control if they are more stringent than the SHOD-3 legacy standards [Section 1.2.3.B]. |
| Screening | UDO standards control if they are more stringent than the SHOD-3 legacy standards [Section 1.2.3.B]. |
| Calculations | All calculations for height, setback, and parking must follow the UDO methodology [Section 1.2.3.B]. |
| Approval Processes | All procedural requirements must follow the modern UDO regulations [Section 1.2.3.C]. |
Use Limitations in SHOD-3
If a conditional zoning ordinance for a specific property limits land uses based on the SHOD-3 legacy district, those limitations typically continue to apply. However, the City of Raleigh mandates that if a former use allowed under SHOD-3 is explicitly prohibited in the new UDO general use zoning district, that use is no longer permitted [Section 1.2.3.D].
Distinction from Modern SHOD Overlays
The City of Raleigh has established new corridor overlays in the UDO, specifically -SHOD-1 and -SHOD-2, which are detailed in Article 5.3. These modern overlays are intended to protect scenic beauty and ensure adequate setbacks along major access corridors [Section 5.3.1.A]. While SHOD-3 serves a similar historic purpose, it does not share the same technical specifications (such as the 50-foot or 25-foot protective yards) unless specifically carried over from the legacy code [Section 1.3.4].
Sections Cited
- Sec. 1.1.1. Title
- Sec. 1.2.3. Rules of Interpretation
- Sec. 1.3.4. Legacy Districts
- Sec. 5.3.1. Special Highway Overlay Districts (-SHOD-1 and -SHOD-2)