Raleigh removed its prior owner-occupancy requirement for accessory dwelling units in the 2020 UDO update. UDO Section 6.7 currently does not impose an owner-occupancy mandate on ADUs.
Raleigh's UDO previously required owner-occupancy of either the primary dwelling or the ADU, but this provision was removed in the Missing Middle Housing UDO updates beginning in 2020. UDO Section 6.7 (Accessory Dwellings) as currently in effect does not contain an owner-occupancy requirement. North Carolina has no statewide ADU preemption law (NC Gen. Stat. 160D does not include an ADU section), so the city retains full discretion to amend this in the future. The general lot occupancy rule that one primary dwelling per lot applies remains, and an ADU cannot be platted as a separate fee-simple parcel without subdivision approval under UDO Section 10.2. The City Council has periodically reviewed reinstating owner-occupancy as part of the Equitable Housing Strategy.
There is no owner-occupancy violation currently in Raleigh. ADUs operated as illegal short-term rentals are cited under the Short-Term Rental ordinance (UDO Section 6.7.A.5 and Code Section 12-3027), with separate enforcement.
Raleigh, NC
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Raleigh, NC
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Raleigh, NC
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Raleigh, NC
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Raleigh, NC
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Raleigh, NC
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See how Raleigh's adu owner occupancy rules stack up against other locations.
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