Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 5 – 21 Effective Date: September 01, 2013 Supp. No. 4 Article 5.5. Transit Overlays | CHAPTER 5. ​OVERLAY DISTRICTS Sec. 5.5.1. Transit Overlay District (-TOD) Article 5.5. Transit Overlays Sec. 5.5.1. Transit Overlay District (-TOD) A. Base Standards Apply Unless specifically set forth in this section, the allowed uses, the dimensional requirements, height limits and general development standards of the underlying zoning district apply. B. Uses The following uses are not allowed in a -TOD: 1. Single-unit living; 2. Two-unit living; 3. Cemetery; 4. Outdoor recreation; 5. Vehicle sales/rental; 6. Vehicle repair (major); 7. Vehicle repair (commercial vehicle); 8. Car wash; and 9. Drive-thru facility. C. Frontages The Parkway and Detached frontages are not allowed (see Article 3.4. Frontage Requirements ) . D. Parking Parking requirements for a -TOD are set forth in Sec. 7.1.3.B. E. Outdoor Storage Limited and general outdoor storage is not allowed (see Article 7.5. Outdoor Display and Storage ) . F. Height The minimum height of any principal building in the -TOD shall be 2 stories. G. Applicability 1. No building, structure, or use shall be constructed, moved, altered, changed or increased in size within a -TOD except in conformity with the regulations contained in this section for the adopted -TOD. 2. All lots, uses, and structures existing at the time that the -TOD is first applied to the property shall not be deemed a zoning nonconformity solely because of this overlay district. 3. All additions, changes, expansions and alterations to existing structures, impervious surfaces and uses must comply with the regulations of the -TOD, unless the Board of Adjustment approves a special use permit under Sec. 10.2.9 allowing the addition, change, expansion or alteration. 4. In addition to the showings required by Sec. 10.2.9. E.4. through 8. , all of the following standards shall be met: a. The expansion does not, singularly or collectively, exceed 25% of the total gross floor area of the building or use existing at the time the -TOD overlay zoning district regulations were first applied to the property. b. The building or use existed at the time the -TOD overlay zoning district regulations requirements were first applied to the property. c. The requested activity complies with all requirements and regulations of this UDO other than the -TOD overlay zoning district regulations. 5. Nothing shall be deemed to permit the reconstruction—similar or different, whole or in part—of a building, improvement or use existing at the time the -TOD overlay zoning regulations were first applied to the property that has been voluntarily demolished or discontinued. Voluntarily torn down buildings and improvements or discontinued uses shall be replaced with buildings, improvements and uses that comply with the regulations of the -TOD.

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