Durham permits accessory dwelling units (ADUs) by right on residential lots with one or two primary dwelling units under Unified Development Ordinance (UDO) Section 5.4.2. No special use permit is required. A building permit and standard trade permits (electrical, plumbing, mechanical) are required under NCGS 160D-1110. ADUs may be attached to or detached from the primary dwelling. The 2024 UDO ADU update broadened where ADUs are allowed and eased dimensional standards. Density limits do not apply to ADUs in Durham.
UDO Section 5.4.2 governs accessory dwellings in Durham. The 2024 update (effective January 1, 2024) permits ADUs on lots containing one or two primary dwelling units and allows the ADU as either attached or detached. Density caps in the underlying zoning district do not count the ADU. Heated floor area is limited to 1,000 square feet on a single story and 1,200 square feet total, with an exception in the Rural Residential (RR) district allowing up to 50% of the primary dwelling on lots of four acres or more. Only one ADU is allowed per residential lot. A detached ADU must be located in the rear yard and meet the side and rear setbacks for the primary residence in the underlying district. ADUs are prohibited in Special Flood Hazard Areas and Future Conditions Flood Hazard Areas. Applicants apply through the City-County joint Land Development Office (LDO) portal, which serves both Durham city and county jurisdictions. Submittals include a scaled site plan, floor plans, elevations, NC Residential Code compliance, and structural plans. Trade permits issue separately under NCGS 160D-1110.
Building an ADU without permits triggers a stop-work order by City-County Inspections under NCGS 160D-1119 and can result in civil penalties under the UDO enforcement provisions in Article 16. Unpermitted work may require legalization, double fees, or removal. Confirm current penalty amounts with Durham Development Services Center at 919-560-1500.
Durham, NC
Durham caps daytime sound at 60 dBA (8 AM to 11 PM) and nighttime sound at 50 dBA (11 PM to 8 AM) under Ch. 26, Sec. 26-23. Measured at property line using A...
Durham, NC
Durham UDO Section 9.9 limits residential fences to 4 feet in front yards and 8 feet in side and rear yards. Corner lots face additional restrictions along s...
Durham, NC
Durham does not require a permit for most residential fences or walls. Permits are required for retaining walls, pool barriers on single-family parcels, prop...
Durham, NC
Durham UDO Section 9.9 sets general fence standards including setbacks, orientation, and vision-clearance rules. Fences between structures and streets within...
Durham, NC
Durham requires a building permit for all retaining walls. Retaining walls over 4 feet at street frontage must be terraced in Design Districts. Walls over 8 ...
Durham, NC
Durham UDO 9.9 prohibits razor wire, concertina wire, and barbed wire in residential districts. Uncoated chain link is banned in CI and Design Districts.
See how Durham's adu permits rules stack up against other locations.
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