Conditional Zoning and Use Approvals in Charlotte

Under the City of Charlotte Unified Development Ordinance, land uses that require specific oversight are categorized under "Conditional Zoning" (marked with a "C" in the Use Matrix) rather than a standalone permit. This legislative process requires a petitioner to submit a detailed site plan and individualized commitments, which are then reviewed through a series of public hearings and a mandatory community meeting before final approval by the Charlotte City Council [Section 15.2, Section 37.2.C.2].

Understanding Conditional Zoning in Charlotte

In the City of Charlotte, the mechanism traditionally known as a "Conditional Use Permit" is integrated into the Conditional Zoning Map Amendment process. A Conditional Zoning Map Amendment is a legislative process in which a petitioner proposes changing a property's designation to a "conditional" version of a zoning district. This allows the City of Charlotte to attach site-specific conditions, such as a mandatory site plan or specific development commitments, to the property to ensure the use is compatible with the surrounding neighborhood [Section 37.2.C.2].

Uses Requiring Conditional Approval

The City of Charlotte Unified Development Ordinance identifies specific uses in the Global Use Matrix that cannot be established "by-right." If a use is marked with a "C" or "C/PC" (Conditional with Prescribed Conditions), the applicant must successfully petition for a Zoning Map Amendment [Section 15.2.B].

Examples of uses requiring this process include:

Use Type	Districts Requiring Conditional Approval ("C" or "C/PC")
Stadium	CG, CR, IC-1, IC-2
Correctional Facility	IC-1, IC-2
Raceway/Dragstrip	ML-2

The Application Process for Conditional Zoning

Applying for conditional approval in the City of Charlotte involves several distinct phases to ensure public transparency and adherence to the City of Charlotte Comprehensive Plan [Section 37.2]:

Pre-Submittal Meeting: Before filing, the petitioner must meet with the City of Charlotte UDO Administrator and Planning Department staff to discuss the nature of the proposed use and the standards of the desired zoning district [Section 37.2.D].
Petition Submittal: All petitions must be submitted to the City of Charlotte Planning Department in the prescribed form, accompanied by the required fee and all necessary documentation [Section 37.2.E.2].
Community Meeting: A community meeting is required for all zoning map amendment petitions. The petitioner must file a written report with the City Clerk detailing the persons contacted and the issues discussed during this meeting [Section 37.2.F].
Staff Review: The Planning Department reviews the proposal for consistency with the City of Charlotte Comprehensive Plan and provides a recommendation to the City Council and Planning Commission [Section 37.2.G].
Public Hearing: The City of Charlotte City Council conducts a legislative public hearing to solicit comment from the public [Section 37.2.J].
Final Decision: The City Council may adopt or reject the amendment. For conditional amendments, the petitioner must agree in writing to any approved conditions before the decision is finalized [Section 37.2.O.4, Section 37.2.O.6].

Required Documentation

For a Conditional District Zoning Map Amendment, the petitioner must provide a site plan drawn to scale. The City of Charlotte requires the following information to be labeled and included [Section 37.2.E.4]:

Required Document Detail	Description
Tax Parcel ID	Identification number for all parcels included in the petition.
Vicinity Map	Shows total acreage, current zoning, and location relative to streets/railroads.
Easements/Rights-of-Way	Location of all existing and proposed public and private infrastructure.
Structure Locations	Areas where new structures will be built and any existing structures to remain.
Proposed Use	Detailed breakdown of the use, number of residential units, and total square footage.
Environmental Features	Water quality buffers and delineations of regulatory floodplains.
Tree Survey	A survey of existing trees as required by Section 20.18.

Evaluation Criteria

In making a decision on a Conditional Zoning Map Amendment, the City of Charlotte City Council considers several evaluation criteria [Section 37.2.M]:

Consistency with the City of Charlotte Comprehensive Plan and other adopted policies.
Compatibility with the overall character of the existing development in the vicinity of the subject property.
The adequacy of public facilities and services (such as transportation and utilities) intended to serve the site.
Whether the proposal will adversely affect known archaeological, environmental, historical, or cultural resources.

Sections Cited