Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 63 Effective Date: September 01, 2013 Supp. No. 4 Article 10.3. ​​Nonconformities | CHAPTER 10. ADMINISTRATION Sec. 10.3.4. ​​Nonconforming Site Elements b. A special use permit is issued by the Board of Adjustment for such restoration and the restoration does not create a greater hazard to navigation than the previously existing nonconformity. 4. Replacement cost shall be determined by either: a. The most recent edition of Building Construction Cost Data published by R.S. Means; or b. The most recent tax value for building as reported in the county tax office where the property is located. The property owner shall decide which of the 2 methods for determining replacement cost is to be used. 5. The percentage of damage shall be calculated by using the selected replacement value of the entire structure as the denominator and by using the selected replacement value of the damaged portion of the structure as the numerator. The same method used to determine replacement value for the denominator must be used. 6. Nothing in this paragraph shall prevent the rebuilding, reconstruction or restoration of the same structure because such structure fails to conform to the standards of a Neighborhood Conservation Overlay District. H. Replacement of Manufactured Homes Replacement of nonconforming manufactured homes that fail to meet the minimum standards of the National Manufactured Home Construction and Safety Standards shall be permitted, provided that all of the following are met: 1. The replacement manufactured home meets the current minimum required standards as prescribed by the United States Department of Housing and Urban Development (HUD). 2. The newly installed manufactured home, if located in a flood prone area, complies with the provisions of Article 9.3. Floodprone Area Regulations . 3. That the period of time between the time the nonconforming manufactured home is removed and the time it is replaced with a standard manufactured home is less than 365 days. 4. The number of manufactured homes is not increased. 5. The floor area gross of the new manufactured home does not exceed the floor area gross of the manufactured home it replaced by more than 25%. Sec. 10.3.4. Nonconforming Site Elements Subject to the provisions contained in this section and all other applicable provi- sions of this UDO, one or more of the following activities and improvements can be made to nonconforming accessory buildings, accessory structures, outdoor lighting, fences, walls, signs, off-street parking, vehicular surface areas and private access points. Improvements and activities that are not explicitly authorized by in this section are not allowed. The following allowed activities and improvements can be initiated without the issuance of a special use permit by the Board of Adjustment. A. Renovation, Ordinary Maintenance and Repair 1. The cost of renovation and ordinary maintenance and repair to any nonconforming accessory building, accessory structure, fence, walls, vehicular surface area, private access point and outdoor lighting shall not during any 1 calendar year exceeds 15% of the tax value of the zoning nonconforming site element in the county where the property is located, or the original cost of the nonconforming site element if there is no listed tax value. 2. The limitation on expenditures established here does not apply to Sec. 10.3.4.B. through Sec. 10.3.4.G. below. 3. Ordinary maintenance and repair shall be limited to work necessary to maintain and correct any damage, other than caused by casualty, or deterioration to the structural soundness or features of an accessory building, accessory structure, fence, vehicular surface area, private access point or outdoor lighting. 4. For damage to any nonconformity that is caused by any casualty, the provisions of Sec. 10.3.4.B. below apply in lieu of this provision. 5. The regulations for ordinary maintenance and repair of nonconforming signs are set forth in Sec. 7.3.17. B. Casualties The rebuilding, reconstruction or restoring of any nonconforming accessory building, accessory structure, fence, walls, vehicular surface area, private access point and outdoor lighting which was damaged or partially destroyed by a casualty, which includes the exercise of eminent domain, riot, fire, accident, explosion, lightning, flood, wind or other calamity or natural act, is allowed provided all of the following conditions are met: