Public Hearing and Notification Procedures for Development in Charlotte
In the City of Charlotte, the requirements for public hearings and notifications depend on whether the action is a legislative Zoning Map Amendment, a quasi-judicial Variance or Appeal, or an administrative adjustment. Zoning Map Amendments (rezonings) require a legislative public hearing with mailed notice to adjacent property owners 10 to 25 days prior to the hearing, while administrative adjustments require notification to abutting neighbors who are granted 10 working days to submit objections.
Zoning Map Amendments (Rezonings)
When an applicant or the City of Charlotte initiates a change to the Official Zoning Map, it is considered a legislative process that requires a public hearing and extensive notification [Section 37.2.A].
Public Hearing Requirements
The Charlotte City Council must conduct a legislative public hearing before approving or denying any Zoning Map Amendment [Section 37.2.J]. Following the public hearing, the City of Charlotte Planning Commission reviews the proposal and provides a written recommendation to the City Council regarding the amendment's consistency with the adopted Comprehensive Plan [Section 37.2.K.2].
Notification Requirements for Rezonings
The City of Charlotte Unified Development Ordinance mandates three distinct forms of notice for rezonings:
- Published Notice: A notice of the legislative hearing must be published in a local newspaper of general circulation once a week for two successive calendar weeks. The first notice must appear between 10 and 25 days before the hearing date [Section 37.2.I.2].
- Mailed Notice: The City must mail notices via first-class mail to the owners of all parcels included in the amendment and to the owners of all land adjacent to those parcels. This must occur between 10 and 25 days prior to the hearing [Section 37.2.I.1].
- Posted Notice: A notice of the hearing must be prominently posted on the subject site or on an adjacent street/highway right-of-way during the same timeframe as the mailed notice [Section 37.2.I.3].
Variances and Appeals
Variances from the standards of the City of Charlotte Unified Development Ordinance or appeals of administrative decisions are quasi-judicial actions that require an evidentiary hearing before the UDO Board of Adjustment [Section 37.8.A.1, Section 37.8.B.1].
Notification for Evidentiary Hearings
The UDO Board of Adjustment staff must provide notice for these hearings as follows:
- Mailed Notice: Notice must be sent to the applicant, the property owner, and the owners of all parcels adjacent to the subject property. This notice must be mailed at least 10 days, but no more than 25 days, prior to the hearing date [Section 37.8.A.9.b.i].
- Posted Notice: A notice must be prominently posted on the site or on an adjacent street or highway right-of-way during the same 10 to 25-day period [Section 37.8.A.9.b.ii].
Administrative Actions and Adjustments
Certain minor modifications do not require full public hearings but still involve specific notification procedures to ensure transparency within the City of Charlotte.
Administrative Adjustments
When a designated administrator considers an administrative adjustment to quantitative standards (such as a 10% reduction in a setback), they must notify the owners of property abutting the side of the property where the adjustment is requested [Section 37.4.A.4.b]. These owners have 10 working days from the date of the letter to file an objection. If a person with standing objects, the adjustment must be denied, though the applicant may then seek a variance [Section 37.4.A.4.b].
Administrative Minor Amendments
For amendments to a conditional or exception (EX) site plan that do not significantly alter the plan, the Planning Director may approve the change administratively [Section 37.3.A.1]. Written notice of the decision must be delivered to the property owner and any party who sought the decision via personal delivery, email, or first-class mail [Section 37.3.B.3].
Summary Table of Notification Requirements
| Action Type | Hearing Required | Mailed Notice Timeline | Posted/Published Notice |
|---|---|---|---|
| Zoning Map Amendment | Legislative | 10-25 days prior | On-site posting; Newspaper (2 weeks) |
| Variance / Appeal | Evidentiary | 10-25 days prior | On-site posting |
| Administrative Adjustment | None | 10-day objection period | Not required |
| Minor Amendment | None | Upon decision | Not required |
Sections Cited
- Section 37.2 Zoning Map Amendments
- Section 37.3 Administrative Minor Amendments
- Section 37.4 Administrative Adjustments
- Section 37.8 Variances and Appeals