Administrative Adjustments and Minor Amendments in the City of Charlotte
Property owners in the City of Charlotte may seek administrative adjustments to quantitative zoning standards by up to 10%, or two feet for setbacks and landscape yards, whichever is greater. Administrative minor amendments are also permitted for conditional and exception districts provided they do not increase density, change uses, or add buildings. Approval for these deviations requires specific findings related to physical site constraints, topographical challenges, or inadvertent technical errors [Section 37.3 and Section 37.4].
Administrative Adjustments
The City of Charlotte UDO allows for administrative adjustments to quantitative regulations in zoning districts (Articles 3 through 21) and qualitative regulations where specifically identified (Articles 3 through 22). These adjustments are intended to provide relief when strict adherence to the City of Charlotte UDO is hindered by site-specific conditions [Section 37.4.A].
Quantitative Adjustment Limits
The Zoning Administrator or designated administrator has the authority to adjust quantitative standards within the following limits:
| Standard Type | Maximum Allowed Adjustment |
|---|---|
| General Quantitative Standards | Up to 10% |
| Frontages (Setbacks) | 10% or 2 feet (whichever is greater) |
| Side and Rear Setbacks | 10% or 2 feet (whichever is greater) |
| Landscape Yards | 10% or 2 feet (whichever is greater) |
| Zoning Bonus Provisions | 0% (Adjustment prohibited) |
| Density (Units per Acre) | 0% (Adjustment prohibited) |
| Signs | 0% (Adjustment prohibited) |
Conditions for Approval
For a zoning administrative adjustment to be approved by the City of Charlotte, at least one of the following five conditions must be met:
- The physical contours of the street, the land, or some other topographical or geographical feature is the basis for the error.
- The physical layout of the land and the structures upon the land are such that the City of Charlotte UDO requirement cannot be met.
- Because of the nature of the abutting property or intervening topographical/geographical features, the application of the requirement would not serve a useful purpose.
- The applicant has agreed to measures that would ameliorate the deviation from complete compliance.
- An inadvertent error occurred (such as a surveying error or misunderstanding of a property line) [Section 37.4.A.4.c].
Administrative Minor Amendments
The City of Charlotte defines an administrative minor amendment as a change to a conditional zoning district or an exception (EX) district that does not significantly alter the approved site plan or its conditions and has no significant impact on adjacent properties [Section 37.3.A].
Prohibited Minor Amendments
The Planning Director for the City of Charlotte is prohibited from approving an administrative minor amendment if it includes any of the following "significant" changes:
- Increasing the density (number of dwelling units per acre).
- Changing allowed uses.
- Increasing the number of buildings.
- Adding driveway connections to arterials or limited access roads.
- Reducing vehicular or bicycle parking spaces below the minimum number required.
- Moving structures closer to abutting properties in a Neighborhood 1 or Neighborhood 2 Place Type.
- Reducing open space [Section 37.3.1.c].
Transportation and Infrastructure Adjustments
Under the City of Charlotte UDO, the Charlotte Department of Transportation (CDOT) Director or the Planning Director may modify certain select Subdivision, Streets, and Other Infrastructure (SSI) standards [Section 32.2.A].
| Standard | Eligible for Adjustment | Deciding Authority |
|---|---|---|
| Cross-Access | Section 31.2 | CDOT Director |
| Requirements for New Streets | Section 32.5.A.2 | Planning Director |
| Required Off-Street Public Paths | Section 32.6.A.2 | Planning Director |
| Installation of New Curb and Gutter | Section 32.7.A and 32.7.C.1 | CDOT Director |
| Relocation of Existing Curb and Gutter | Section 32.7.A and 32.7.C.3 | CDOT Director |
| Sidewalk/Amenity Zone Installation | Section 32.7.A and 32.7.D | Planning Director |
Alternative Standards for Lots with Multiple Frontages
For City of Charlotte properties with three or more frontages, the City of Charlotte UDO allows for "Alternative Standards" to be applied to the "last frontage" (the lowest frontage in the hierarchy). In the N2-C, IMU, RC, IC-2, CAC-2, RAC, UE, TOD-CC, and TOD-UC Zoning Districts, the "last frontage" is exempt from ground floor activation and prominent entrance requirements, and transparency may be reduced to 10% [Section 3.6.A].
Sections Cited
- Article 3, Zoning Districts, Official Zoning Map, & Frontages
- Article 32, Required New Streets & Transportation Improvements
- Article 37, Amendments & Development Approvals