Durham, NC Building Setbacks & Zoning: Structure Height Limits (2026)
Key Facts
- Base limit, all four RS districts
- 3 stories and 40 feet
- Districts in the table
- RS-20, RS-10, RS-8 and RS-M
- Suburban Tier setback trade
- One extra story per ten feet of additional setback
- Suburban Tier ceiling (RS-20, RS-10, RS-8)
- 45 feet, no exceptions
- RS-M with minor special use permit
- Up to 5 stories, 60 feet maximum
- Small lot or reduced pole flag lot
- 2 stories or 32 feet
- Text last amended
- City June 15, 2026; County June 22, 2026
Summary
Durham's Residential Suburban districts (RS-20, RS-10, RS-8 and RS-M) cap buildings at 3 stories and 40 feet under UDO Sec. 6.3.1.A. In the Suburban Tier, RS-20, RS-10 and RS-8 lots earn one extra story for every ten feet of added setback, never past 45 feet. RS-M projects reach 5 stories and 60 feet only with a minor special use permit.
Height Stories ... 3 ... 3 ... 3 ... 3 Feet 2 40 40 40 40 ... 2 Height is, or may be, further limited when using the small lot option, the reduced pole width flag lot option, infill standards, a neighborhood protection overlay, or by a local historic district. ... In the Suburban Tier, additional height in the RS-20, RS-10, and RS-8 Districts is permitted at a rate of one additional story ... for every ten feet of additional setback ... provided. In no event shall the structure ... be more than 45 feet in height. ... For projects in the RS-M District, the maximum height can be increased up to 5 stories ... through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit . In no event shall the structure ... be more than 60 feet in height.
Full Breakdown
Durham's Unified Development Ordinance sets the height ceiling for new residential development in the Residential Suburban districts in the dimensional table at Sec. 6.3.1.A. The table prints the same figures for RS-20, RS-10, RS-8 and RS-M: 3 stories and 40 feet. The feet figure carries footnote 2, which says height is, or may be, further limited under the small lot option, the reduced pole width flag lot option, infill standards, a neighborhood protection overlay, or a local historic district. A lot caught by any of those layers has to meet the tighter number.
Paragraph 6 of the same section adds a setback trade for the Suburban Tier. In RS-20, RS-10 and RS-8, a builder earns one additional story for every ten feet of additional setback provided. The trade stops at a hard ceiling: the structure can never be more than 45 feet in height. The UDO defines a structure to include covered additions such as porte cocheres, carports, covered or screened porches and breezeways, so a roofed add-on counts against the same ceiling.
RS-M follows its own path in paragraph 7. Its maximum height can rise to 5 stories through a minor special use permit under Sec. 3.9, Special Use Permit, and the structure still cannot exceed 60 feet. RS-M is also the only RS district where the Sec. 6.3.2 housing type table allows multiplexes and apartments, which is where the taller envelope matters most.
Two neighboring sections tighten the numbers further. In Sec. 7.1.2, a structure on a Reduced Pole Flag Lot or Small Lot has a maximum height of 2 stories or 32 feet, with the exemptions in paragraph 6.12.1B applying. Footnote 3 of the RS table adds that the small lot option is not allowed in RS-20 at all. For accessory dwellings, Sec. 5.4.2 sends a detached unit to the accessory structure height maximum, holds an attached addition to the primary structure's height limit, and leaves a conversion of existing interior space outside the height limits entirely.
The published UDO page lists its last amendment dates as June 15, 2026 for the City of Durham and June 22, 2026 for Durham County, and it directs users to the Durham City-County Planning Department for the official version.
Violations & Fines
Section 6.3.1.A requires all residential development in the RS Districts to meet the table, so plans showing more than 3 stories or 40 feet, more than 45 feet in RS-20, RS-10 or RS-8 even after added setback, or more than 60 feet in RS-M even with the permit, fall outside the standards. RS-M projects need the Sec. 3.9 minor special use permit before they can count a fourth or fifth story. Sec. 6.3.1 prints no fine of its own.
Frequently Asked Questions
How tall can a house be in Durham's RS-20, RS-10 or RS-8 district?
Can an RS-M project in Durham go above 40 feet?
Do carports and porches count toward the Durham height ceiling?
Does an accessory dwelling follow the same height limit in Durham?
Sources & Official References
Other rules in Durham
Compare Durham to another location·View the North Carolina building setbacks & zoning overview
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