Skip to main content

Durham, NC Building Setbacks & Zoning: Structure Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 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.

Source: City of Durham Code of OrdinancesView official code

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?
The Sec. 6.3.1.A table sets 3 stories and 40 feet. In the Suburban Tier, a builder earns one additional story for every ten feet of additional setback, but the structure can never be more than 45 feet in height. Footnote 2 adds that the small lot option, infill standards, a neighborhood protection overlay or a local historic district can further limit height.
Can an RS-M project in Durham go above 40 feet?
Yes, with a permit. Paragraph 7 lets RS-M maximum height rise to 5 stories through a minor special use permit under Sec. 3.9, Special Use Permit. Even with the permit, the structure cannot be more than 60 feet in height. Without the permit, the table's 3 stories and 40 feet apply.
Do carports and porches count toward the Durham height ceiling?
Yes. The 45-foot and 60-foot caps apply to the structure, and the UDO definition of a structure includes extensions or additions covered by a roof supported by walls or columns, such as porte cocheres, carports, covered or screened porches and breezeways. A roofed add-on is measured against the same ceiling as the house.
Does an accessory dwelling follow the same height limit in Durham?
Sec. 5.4.2 sorts accessory dwellings three ways. A detached unit follows the maximum height for accessory structures. A unit built as an addition to the primary structure conforms to the primary structure's applicable height limits. A unit that only converts existing space inside the primary structure is not measured against height limits at all.

Sources & Official References

Other rules in Durham

All Durham rules

Compare Durham to another location·View the North Carolina building setbacks & zoning overview

Get notified when Structure Height Limits in Durham, NC changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.