Growth puts pressure on Raleigh’s neighborhood land-use protections
AI-generated summary reviewed by our newsroom.
- The decision provoked mixed local reactions and questions about NCODs and city planning
- Council approved rezoning at 319 S. King Charles Road that removed the parcel's NCOD.
- Rezoning shifted the .69‑acre lot to a zone allowing more homes with applicant limits.
Raleigh’s decision to strip long-standing development rules from a residential lot in east Raleigh shows how growth pressures are increasingly starting to override the city’s traditional guardrails on neighborhood development.
The Raleigh City Council recently signed off on a rezoning at 319 S. King Charles Road in the King Charles subdivision. The vote removed the neighborhood’s conservation overlay district (NCOD) and shifted the 0.69‑acre site from a standard residential zone to one that allows more homes, with limits set by the developer.
Established in 2005, King Charles’ NCOD was intended to preserve its history and architecture by enforcing minimum lot sizes and maximum building heights.
The change will allow a developer to build three additional homes on the lot where he currently lives.
While it’s not new ground, experts say the 7-1 approval shows the city’s growing willingness to remove an NCOD from a single parcel when paired with a rezoning request — even though NCODs were originally designed for neighborhoods, not individual parcels.
Amid a chronic housing shortage, policymakers have become more skeptical of NCODs’ value. Since 2021, the city has been trying to encourage higher-density housing like townhomes, duplexes and apartments to boost supply under its controversial “missing-middle” housing reforms.
Councilman Corey Branch motioned to approve the rezoning in his district.
“What are we protecting ourselves from?” he asked during an interview after the vote. When the NCOD was established, “I was in college.” The council needs to explore why the NCODs were created, and what their purpose is, he said.
Councilwoman Stormie Forte cast the lone dissent. She did not respond for comment.
What the property owner is planning
In 2017, small-scale developer Patrick Madigan, owner of Madigan Realty Co., paid $155,000 for the King Charles Road property. The 1955 one‑story cottage is now valued at about $367,173, deed records show.
Madigan moved into the house nine years ago and lives there with his wife and daughters.
Without the NCOD and with higher‑density zoning in place, townhomes are now workable on the site. (The NCOD previously made them difficult or impossible.)
Smaller lots and narrower frontages are also allowed.
BEHIND THE STORY
MOREWhat is a neighborhood conservation overlay district (NCOD)?
A neighborhood conservation overlay district (NCOD) is a public zoning tool used by the city of Raleigh to preserve the physical form of older neighborhoods.
NCODs set rules for things like minimum lot size, lot width, setbacks, building height, and how far a home must sit from the street. They don’t regulate architectural style or materials. Unlike covenants, which are private deed restrictions, they also don’t shape how people live and maintain their homes.
Who creates it?
Residents petition for an NCOD, planning staff studies the area, and city council adopts it through a public rezoning process.
Who enforces it?
The city of Raleigh. Violations are treated like any other zoning issue.
Can it be changed?
Yes. Because NCODs are zoning, city council can amend or remove them through another public process.
At the rezoning hearing, Madigan told the council he plans to subdivide the property and build up to three more homes. He has not submitted site plans yet.
If it were equally split four ways, each new lot would be about 0.17 acres, which Madigan said is not unheard of for residential lots in the area.
The 2‑story height limit remains, but only because he agreed to it as a zoning condition. A 30‑foot front setback was also added, partially mirroring one of the NCOD’s rules.
“The conditions of the rezoning are meant to mimic the effects of the NCOD,” Madigan said.
He pointed out that several homes in the area fall outside the NCOD’s requirements, as they were built before the district was established.
He added that a developer focused solely on maximizing the site would likely try to fit in “15 or 16 townhomes.” That kind of proposal wouldn’t be allowed under the property’s previous or new zoning, but developers can request higher density zoning like Madigan did.
What the residents are saying
The city’s decision drew strong reactions on both sides.
Andrew Henry, who walks his dog past the property every morning, supports the rezoning.
“I think it’s thoughtful and trust Patrick that he would want to preserve the community,” Henry said.
Raymond Ryland, another neighbor, said Madigan showed him plans for the property.
“I’d like to see even more housing in the area, but I think it’s a good project, and I’ll be happy to see it,” Ryland said.
On the flip side: Several neighbors showed up with signs opposing the rezoning.
“I’m disappointed,” said Christian Anastasiadis, chief operating officer for McConnell Golf, which owns Raleigh Country Club around the corner.
“This decision is not simply about one property. It raises a broader concern about how Raleigh approaches the integrity of its own planning framework,” he said.
Raleigh Country Club is currently suing the city and local businessman Mark Thompson to reverse approval of a 16-unit townhome project adjacent to its property, also approved under the city’s new reforms that bypass the same NCOD.
“If the city believes these overlays require revision,” Anastasiadis added, “that conversation should occur through a comprehensive, citywide process — not through the incremental removal of protections on individual parcels.”
Long-time resident Charles Hassell also remembers when the city established the NCOD. He recalled it was a lengthy process that involved public input and hundreds of neighbors signing on to the idea.
“It seems only fair that if an applicant wants to change or alter [the] NCOD that they go through the same process that was required to get it put in place,” Hassell said.
Mack Paul, a prominent Raleigh-based real estate and land-use attorney and co-founder of Morningstar Law Group, said Raleigh has removed NCODs before, and he expects more to come. The overlays were created when older neighborhoods needed protection, he said, but today many sit in areas targeted for growth. That shift has led some officials to question whether NCODs still make sense.
“We will see continued nibbling at the edges until the city addresses them holistically,” he said.
This story was originally published April 13, 2026 at 2:45 PM with the headline "Growth puts pressure on Raleigh’s neighborhood land-use protections."
