Unified Development Ordinance, 5th supplement, March 2018
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 64 Effective Date: March 6, 2018 Supp. No. 5 CHAPTER 10. ADMINISTRATION | Article 10.3. Nonconformities Sec. 10.3.5. Nonconforming Lots of Record 1. The cost of rebuilding, reconstructing and restoring the nonconforming site element is less than 50% of either its listed property tax value of the nonconforming site element in the county where the property is located or, if there is no listed property tax value, the original cost of the nonconforming site element. 2. The nature and degree of the nonconformity is not expanded, extended or increased from that which existed prior to the damage or destruction, nor is it altered or changed except as otherwise allowed as a renovation in Sec. 10.3.4.A. above. a. Reconstruction and repair is commenced with a valid building permit within 12 months of the date of such damage or destruction. b. If the cost of the rebuilding, reconstruction or restoration will be 50% or more of either the listed property tax value of the nonconforming site element in the county where the property is located or if there is no listed property tax value the original cost of the nonconforming site element, the nonconforming accessory building, accessory structure, fence, vehicular surface area, private access point or outdoor lighting shall not be rebuilt, reconstructed or restored except in compliance with this UDO. C. Expansions Additions to the number of off-street parking spaces and expansions to vehicular surface areas shall be governed by Article 7.1. Parking . In addition, expansions to vehicular surface areas to serve any zoning nonconforming use shall in addition to these standards be subject to all the requirements of Sec. 10.3.6.A.3. D. Resumptions Any nonconforming accessory building, accessory structure, sign, vehicular surface area, private access point or outdoor lighting, which is discontinued, unused or unoccupied for a continuous period of 365 days or more may not be restarted, resumed or reoccupied. E. Substitution of Impervious Surfaces Substitution of impervious surfaces for 1 use, facility, building or structure, vehicular surface area or access point to another provided all of the following are met: 1. The amount and extent of impervious surfaces is not increased. 2. The placement of those new impervious surfaces conforms to the requirements of this UDO. 3. The impervious surface is for a lawful activity. F. Zoning Nonconformities Brought Into Compliance Expenditures to bring any nonconforming accessory building, accessory structure, fence, wall, sign, off-street parking, vehicular surface areas, private access point or outdoor lighting into full compliance with the City Code are allowed in any amount. The owner may secure any permit or approval and make any alteration that will bring the zoning nonconformity into full compliance. G. Amortizing a Nonconformity Expenditures required by this UDO to remove a nonconforming site element or bring it into conformity with the UDO are permitted in any amount. Sec. 10.3.5. Nonconforming Lots of Record A. Authority to use For Single-Unit Living In any district in which a single-unit living detached house is allowed as a permitted use, notwithstanding the regulations imposed by any other provisions of this UDO, a single-unit living detached house which complies with the restrictions of Sec. 10.3.5.B. below may be erected on a nonconforming lot that: 1. Has less than the prescribed minimum lot area or width; and 2. Is shown by a recorded plan or deed to have been a lot of record owned separately and individually from adjoining tracts of land at a time when the creation of a lot or tract of such area and depth at such location would not have been prohibited by any zoning or other ordinance. B. Regulations for Single-Family Use of Nonconforming Lots A nonconforming lot authorized to be used pursuant to Sec. 10.3.5.A. above may be used for a single-unit living detached house and permitted accessory uses and structures. Construction of the single-unit living detached house shall comply with all the regulations, except lot area or width, applicable to the detached house in the district in which the lot is located, unless a variance is granted pursuant to Sec. 10.2.10.