SHOD-4 Special Highway Overlay District-4 Regulations
The SHOD-4 (Special Highway Overlay District-4) is classified as a legacy zoning district by the City of Raleigh. Under the Unified Development Ordinance (UDO), no new SHOD-4 districts may be established, and the boundaries of existing SHOD-4 areas are prohibited from being modified. Specific use and dimensional standards for this district are maintained from the previous Part 10 Zoning Code until the property is eventually rezoned to a current UDO district.
Status as a Legacy District
In the City of Raleigh, the SHOD-4 is categorized as a "Legacy District." These districts were established under the previous Part 10 Zoning Code and remain in effect for properties where they were already applied. The City of Raleigh UDO intends for these districts to be eventually replaced by modern UDO zoning designations [Section 1.3.4].
The following restrictions apply to the SHOD-4 designation:
- Prohibition of New Districts: No new SHOD-4 designations may be added to the City’s Official Zoning Map.
- Boundary Restrictions: The boundaries of any existing SHOD-4 district may not be modified.
- District Form: Legacy districts like SHOD-4 may exist either as a general use district or as a conditional district [Section 1.3.4].
Regulatory Framework and Interpretation
While the current City of Raleigh UDO provides detailed technical standards for SHOD-1 and SHOD-2, it does not list specific dimensional requirements for the legacy SHOD-4. Instead, it provides rules for how these legacy districts are interpreted:
Use Limitations
If a conditional zoning ordinance limits land use to a legacy district such as SHOD-4, those limitations continue to apply. However, if a previously allowed use is not permitted in the corresponding new UDO general use zoning district, the new UDO standards prevail. Limited and special uses are determined by the UDO general use district [Section 1.2.3].
Conflict Resolution
In instances where an approved zoning condition within a legacy district conflicts with a standard of a corresponding general use district, the new general use district standards are controlling. Furthermore, if UDO regulations for height, setback, parking, or landscaping are more stringent than those in the legacy or conditional ordinance, the UDO regulations must be followed [Section 1.2.3].
Special Highway Overlay District (SHOD) Classifications
The City of Raleigh utilizes several SHOD designations to protect scenic beauty along major corridors. The table below illustrates the status of these designations within the current UDO framework.
| Designation | Official Name | Status |
|---|---|---|
| -SHOD-1 | Special Highway Overlay District - 1 | UDO Standard Overlay |
| -SHOD-2 | Special Highway Overlay District - 2 | UDO Standard Overlay |
| SHOD-3 | Special Highway Overlay District - 3 | Legacy District |
| SHOD-4 | Special Highway Overlay District - 4 | Legacy District |
[Section 1.3.3, Section 1.3.4]
Sections Cited
- Section 1.2.3: Rules of Interpretation
- Section 1.3.3: Overlay Districts
- Section 1.3.4: Legacy Districts
- Article 5.3: Corridor Overlays