What are the front, side, and rear setback requirements for the O&I-1: Office and Institution-1 district in Raleigh?
The City of Raleigh Unified Development Ordinance (UDO) classifies the O&I-1: Office and Institution-1 district as a Legacy District. Consequently, the specific numerical setback requirements for O&I-1 are maintained in the previous "Part 10 Zoning Code" rather than the current UDO text. The Raleigh UDO prohibits the creation of new O&I-1 districts or the modification of existing O&I-1 boundaries.
Regulatory Status of the O&I-1 District
In the City of Raleigh, the O&I-1: Office and Institution-1 district is categorized as a Legacy District [Section 1.3.4]. These districts are remnants of the previous zoning framework and will eventually be replaced by modern UDO zoning designations. According to the Raleigh UDO, these districts exist within the "Part 10 Zoning Code," and no new legacy districts may be added to the Official Zoning Map [Section 1.3.4].
Because the O&I-1 district is not a standard UDO district, the current ordinance does not provide a specific table of dimensional standards for it. Instead, the UDO provides standards for the districts intended to replace legacy office and institutional categories, primarily Office Mixed Use (OX-) and Office Park (OP-).
Rules of Interpretation for Raleigh Legacy Districts
When a property in the City of Raleigh is zoned as a conditional legacy district (such as O&I-1-CU), specific rules of interpretation apply:
- Most Stringent Standard Controls: The Raleigh UDO height, setback, parking, landscaping, and screening regulations are controlling when they are more stringent than those in the legacy conditional zoning district ordinance [Section 1.2.3.B].
- Calculation Methods: The calculation of all setbacks must be performed in accordance with the rules established in the Raleigh UDO [Section 1.2.3.B].
- Approval Processes: All development approval processes for properties in the O&I-1 district must follow the current regulations of the Raleigh UDO [Section 1.2.3.C].
Modern UDO Setback Standards for Office-Type Uses
Since the O&I-1: Office and Institution-1 district is intended for office and employment uses [Section 3.1.1.C], the City of Raleigh has established standard setbacks for modern office districts (OX and OP) that are applied to new development and substantial improvements.
These setbacks vary based on the "Building Type" being constructed. The following table illustrates the setbacks for the most common building types in the Raleigh Office and Mixed Use districts:
Raleigh UDO Base Setbacks for Office and Mixed Use Districts
| Building Type | Primary Street Setback (Front) | Side Street Setback | Side Setback (Interior) | Rear Setback |
|---|---|---|---|---|
| Detached House | 10' | 10' | 5' | 20' |
| Attached House | 10' | 10' | 5' | 10' |
| General Building | 3' or 5' | 3' or 5' | 0' or 6' | 0' or 6' |
| Civic Building | 5' or 10' | 5' or 10' | 0' or 6' | 0' or 6' |
Note: In the City of Raleigh, a setback of "0' or 6'" generally indicates that a structure may be placed on the property line or must be separated by a minimum of 6 feet for fire and safety access [Section 3.2.5, Section 3.2.7].
General Setback Rules and Encroachments
The Raleigh UDO defines setbacks as the distance measured perpendicularly from the edge of the existing or proposed right-of-way or property line [Section 1.5.4.B].
Certain building features are permitted to encroach into required setbacks in the City of Raleigh:
- Porches, Decks, and Patios: These features (if greater than 1 foot in height) may extend 12 feet into a required side or rear setback, provided they remain at least 3 feet from the property line. They may also extend 9 feet into a primary or side street setback, provided they remain at least 3 feet from the street property line [Section 1.5.4.D.1.a].
- Architectural Features: Chimneys, flues, and bay windows may extend up to 4 feet into a required setback [Section 1.5.4.D.1.d-f].
- Mechanical Equipment: Residential HVAC units and security lighting may extend into a required side or rear setback, provided they remain at least 3 feet from the property line [Section 1.5.4.D.2.a].
Sections Cited
- Section 1.2.3. Rules of Interpretation
- Section 1.3.4. Legacy Districts
- Section 1.5.4. Building Setbacks
- Section 3.1.1. District Intent Statements
- Section 3.2.1. Detached House
- Section 3.2.5. General Building
- Section 3.2.7. Civic Building