Charlotte Zoning Variance Application Process
In the City of Charlotte, an eligible applicant may request a variance from the Unified Development Ordinance (UDO) regulations by filing a petition with the UDO Board of Adjustment. A variance is only granted upon a showing of "unnecessary hardship" resulting from physical conditions peculiar to the property, and the filing of a petition stays all enforcement proceedings and associated fines until a decision is rendered.
| Action / Requirement | Standard Specification |
|---|---|
| Decision Body | City of Charlotte UDO Board of Adjustment [Section 37.8.A.1] |
| Eligible Applicants | Property owner, authorized agent, or person with written contractual interest [Section 37.8.A.3.a] |
| Notice Period | Mailed and posted 10 to 25 days prior to the hearing [Section 37.8.A.9.b] |
| Decision Vote | Majority vote of the members present [Section 37.8.A.12.b] |
| Stay of Enforcement | Automatic upon filing the variance request [Section 37.8.A.3.b] |
| Hardship Criteria | Must satisfy 4 specific findings of fact [Section 37.8.A.13.a] |
Authority and Jurisdiction
The City of Charlotte UDO Board of Adjustment (BOA) is the quasi-judicial body established under Chapter 160D of the North Carolina General Statutes to hear and decide petitions for variances from the City of Charlotte Unified Development Ordinance [Section 35.3.A].
Limitations on Variances
The UDO Board of Adjustment is prohibited from granting certain types of variances. Specifically, the Board cannot grant a variance that would:
- Allow a use that is not otherwise permitted in the designated zoning district [Section 37.8.A.2.a].
- Result in the extension or expansion of a nonconforming building or use [Section 37.8.A.2.a].
- Modify the zoning district boundary or designation of the property [Section 37.8.A.2.a].
- Grant relief from the development bonus provisions of Section 16.3 [Section 37.8.A.2.c].
- Rule on constitutional, federal, or state statutory issues [Section 37.8.A.2.d].
Initiation and Submittal
An application for a City of Charlotte zoning variance must be submitted by the owner of the affected property, an authorized agent, or a person with a written contractual interest in the property [Section 37.8.A.3.a].
Application Requirements
Applicants must submit a completed application on the form prescribed by the UDO Board of Adjustment, accompanied by the required fee established by the Charlotte City Council [Section 37.8.A.4]. For zoning variances, the submittal must include a scaled survey or site plan illustrating the request against the quantitative and dimensional standards of the City of Charlotte Unified Development Ordinance [Section 37.8.A.6.d].
The Hearing Process
Once an application is deemed complete and accurate by the City of Charlotte staff, the case is scheduled for an evidentiary hearing [Section 37.8.A.7].
Notification
The UDO Board of Adjustment staff is responsible for providing notice of the hearing:
- Mailed Notice: Notices are mailed to the applicant, the property owner, and all owners of parcels adjacent to the subject property at least 10 days but no more than 25 days before the hearing [Section 37.8.A.9.b.i].
- Posted Notice: A notice of the hearing must be prominently posted on the site or on an adjacent street/highway right-of-way within the same timeframe as the mailed notices [Section 37.8.A.9.b.ii].
Evidentiary Hearing and Decision
The City of Charlotte UDO Board of Adjustment conducts the hearing according to quasi-judicial procedures. Witnesses must be administered oaths, and all parties with standing have the right to participate fully [Section 37.8.A.11]. The Board determines the contested facts and makes its decision based on competent, material, and substantial evidence [Section 37.8.A.12.a]. A majority vote is required to grant the variance [Section 37.8.A.12.b].
Standards for Granting a Variance
To approve a variance, the City of Charlotte UDO Board of Adjustment must find that the applicant has demonstrated an "unnecessary hardship" based on the following four standards:
- Unnecessary Hardship: The hardship results from the strict application of the City of Charlotte Unified Development Ordinance. It is not necessary to prove that the property has no reasonable use without the variance [Section 37.8.A.13.a.i].
- Unique Conditions: The hardship results from conditions peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances or conditions common to the neighborhood cannot justify a variance [Section 37.8.A.13.a.ii].
- Not Self-Created: The hardship did not result from actions taken by the applicant or property owner. Notably, purchasing property with knowledge of existing restrictions is not considered a self-created hardship [Section 37.8.A.13.a.iii].
- Spirit of the Ordinance: The requested variance is consistent with the spirit, purpose, and intent of the regulation, ensuring public safety and achieving substantial justice [Section 37.8.A.13.a.iv].
Final Decision and Appeal
Every quasi-judicial decision made by the City of Charlotte UDO Board of Adjustment must be reduced to writing and signed by the Chairperson or another authorized member [Section 37.8.A.14.a]. The written decision is then delivered to the applicant and property owner via personal delivery, email, or first-class mail [Section 37.8.A.14.b].
Any party aggrieved by the Board's decision may file an appeal in the nature of certiorari to the Mecklenburg County Superior Court. This appeal must be filed within 30 days after the decision becomes effective or after the written copy is provided [Section 37.8.A.17.b].
Sections Cited
- Article 35, Ordinance Bodies & Administrators
- Section 35.3, UDO Board of Adjustment
- Section 37.8, Variances and Appeals
- Section 16.3, Development Bonus