Legal Nonconforming Uses and Structures in the City of Charlotte
Lawfully established uses in the City of Charlotte that no longer meet current Unified Development Ordinance (UDO) standards are permitted to continue but are strictly limited to a single internal expansion of up to 25% of the existing gross floor area or 1,000 square feet, whichever is less. If a legal nonconforming use in the City of Charlotte is visibly discontinued for a period of 12 consecutive months, it may not be re-established, and all future activity must conform to the current UDO requirements. Additionally, any structure in the City of Charlotte containing a nonconforming use that is destroyed by an act of God may be repaired if a building permit is submitted within 18 months of the damage [Section 38.2].
Authority and General Provisions
The City of Charlotte Unified Development Ordinance (UDO) grants the authority for any structure, use, lot, site element, or sign that legally existed on June 1, 2023, to continue even if it does not conform to the current regulations of the district in which it is located [Section 38.1.B]. This "grandfathered" status also applies to any element that becomes nonconforming due to future amendments to the City of Charlotte UDO.
The burden of proof for establishing that a nonconformity was lawfully established rests entirely with the property owner or operator. The City of Charlotte Zoning Administrator is responsible for making the final determination of the validity of any nonconforming status based on evidence provided [Section 38.1.C].
Nonconforming Use Regulations
A nonconforming use is a land use that was legal when established but is no longer permitted by the current zoning of the City of Charlotte. The following regulations govern these uses:
Maintenance and Expansion
Normal repair and maintenance are permitted to allow a nonconforming use to continue in the City of Charlotte [Section 38.2.A]. However, expansion is highly regulated:
- Outside Uses: Nonconforming uses located outside of a structure shall not be expanded [Section 38.2.B].
- Inside Uses: A nonconforming use inside a structure may be enlarged by additions to the structure, provided the expansion does not exceed 25% of the gross floor area or 1,000 square feet, whichever is less. Only one such expansion is permitted during the lifetime of the nonconformity [Section 38.2.B].
Change of Use and Discontinuation
A nonconforming use may be changed to another nonconforming use if the new use falls within the same category in the City of Charlotte Use Matrix (Article 15). This is only permitted if the Zoning Administrator determines the change will not generate more traffic, noise, vibration, or other secondary effects than the original use [Section 38.2.D]. Once a nonconforming use is changed to a conforming use, the nonconforming status is lost forever [Section 38.2.E].
Use Transition Standards
The City of Charlotte UDO provides a specific framework for how existing uses are treated when their classification changes under the new ordinance.
| Previous Use Category | UDO Use Category | Functional Change / Permission |
|---|---|---|
| Permitted Use | Permitted Use | No change [Section 1.5.C] |
| Permitted with Prescribed Conditions | Permitted with Prescribed Conditions | Additions/expansions must comply with new prescribed conditions [Section 1.5.C] |
| Permitted Use | Permitted with Prescribed Conditions | Additions/expansions must comply with new prescribed conditions [Section 1.5.C] |
| Permitted with Prescribed Conditions | Permitted Use | Use is no longer subject to any prescribed conditions [Section 1.5.C] |
| Permitted Use (or with conditions) | Not Allowed | Prohibited in the district; use is now a legal nonconforming use [Section 1.5.C] |
Nonconforming Structures
A nonconforming structure in the City of Charlotte is any building that was legal when built but no longer meets standards such as setbacks, height limits, or massing.
General Requirements for Renovation
A nonconforming structure may undergo a change of use or renovation without being brought into full conformity if the following two conditions are met:
- The new use is allowed within the current zoning district.
- The number of parking spaces provided for the use conforms to City of Charlotte UDO requirements [Section 38.3.C].
Expansion of Nonconforming Structures
Structures may be expanded only if the expansion itself and the area of the lot used for the expansion are in full conformance with the City of Charlotte UDO [Section 38.3.D]. Specific standards apply to additions in higher-intensity districts, including the Neighborhood Center (NC), Regional Activity Center (RAC), Innovation Mixed-Use (IMU), and Transit Oriented Development (TOD) districts.
Addition Standards for Specific Districts (< 25% GFA or < 1,000 sq. ft.) For the districts listed above, small additions must meet these specific UDO standards:
| Standard Category | Requirement |
|---|---|
| Frontage Setback | Must meet the required setback line by frontage type [Section 38.3.D.1.a.i(A)] |
| Build-To Zone | Must comply (Zoning Administrator may waive if not practical) [Section 38.3.D.1.a.i(B)] |
| Build-To Percentage | Must meet minimum (Zoning Administrator may waive if not practical) [Section 38.3.D.1.a.i(C)] |
| Side/Rear Setbacks | Must meet current zoning district requirements [Section 38.3.D.1.a.i(D)] |
| Building Height | Must meet the current maximum building height [Section 38.3.D.1.a.ii] |
Nonconforming Site Elements and Lots
- Site Elements: Items such as landscaping, fencing, and loading areas must be brought into full conformance when a new principal building is constructed on the site [Section 38.7.D].
- Lots: A nonconforming lot may be used for any permitted use in its district as long as the development on that lot meets all other dimensional and design standards of the City of Charlotte UDO [Section 38.8.A].
- Lot Combination: A vacant nonconforming lot may not be used if it can be combined with an adjacent vacant lot under the same ownership to create a conforming lot [Section 38.8.B].
Sections Cited
- Article 1. Title, Purpose, & Applicability
- Section 1.5 Transition Rules
- Article 15. Use Regulations
- Article 38. Nonconformities
- Section 38.1 General Provisions
- Section 38.2 Nonconforming Uses
- Section 38.3 Nonconforming Structures
- Section 38.7 Nonconforming Site Elements
- Section 38.8 Nonconforming Lots