Discontinuation and Abandonment of Nonconforming Uses in the City of Charlotte
A nonconforming use within the City of Charlotte loses its legal status if it is visibly discontinued for a period of 12 consecutive months. Once this period has passed, the use may not be re-established or resumed, and any future use of the land or structure must comply with the current requirements of the City of Charlotte Unified Development Ordinance. If a nonconforming use is damaged by an act of God, the owner has 18 months from the date of the damage to submit a building permit application for repair or restoration to maintain its status.
Termination of Nonconforming Status
Under the City of Charlotte Unified Development Ordinance, the right to maintain a nonconforming use is contingent upon the continuous operation of that use. The City of Charlotte mandates that if a nonconforming use of a structure or land is visibly discontinued for 12 consecutive months, the nonconforming status is forfeited [Section 38.2.F]. Furthermore, once a property owner changes a nonconforming use to a conforming use, the previous nonconforming status cannot be re-established [Section 38.2.E].
Maintenance and Expansion of Nonconforming Uses
The City of Charlotte allows for the normal repair and maintenance of structures containing nonconforming uses [Section 38.2.A]. While expansion of nonconforming uses located outside of a structure is prohibited, those located within a structure may be enlarged one time, subject to specific dimensional limitations [Section 38.2.B].
Nonconforming Use Expansion Standards
| Category | Standard |
|---|---|
| Expansion Limit (Internal) | 25% of the existing gross floor area or 1,000 square feet (whichever is less) |
| Frequency of Expansion | Only one expansion permitted |
| Expansion of Outdoor Uses | Prohibited |
| Movement of Structure | Prohibited unless the use then conforms to the new district |
[Section 38.2.B, Section 38.2.C]
Change of Nonconforming Use
A nonconforming use in the City of Charlotte may be changed to a different nonconforming use provided it falls within the same major use category of the City of Charlotte Use Matrix found in Article 15. This change is only permitted if the Zoning Administrator determines that the new use will not generate secondary effects—such as noise, vibration, smoke, or traffic—greater than those produced by the original nonconforming use [Section 38.2.D].
Restoration After Damage or Destruction
If a structure housing a nonconforming use is damaged or destroyed by fire, wind, flood, or other "acts of God," the City of Charlotte provides a specific window for restoration. To maintain the nonconforming status, the property owner must submit a building permit application for repair or restoration within a specific timeframe [Section 38.2.G].
Restoration Timeline for Acts of God
| Action | Requirement |
|---|---|
| Permit Application Deadline | Within 18 months of the date of damage |
| Requirement for Re-establishment | Structure must be restored to its original dimensions and conditions |
[Section 38.2.G]
Sections Cited
- Article 15, Use Regulations
- Section 38.1, General Provisions
- Section 38.2, Nonconforming Uses