Rebuilding Nonconforming Structures in the City of Charlotte

In the City of Charlotte, a nonconforming structure that is damaged or destroyed by an act of God, such as fire, flood, or wind, may be legally repaired or restored to its original dimensions and conditions. This restoration is permitted provided that the property owner submits a building permit application for the repair within 18 months of the date the damage occurred [Section 38.3.G].

Restoration Requirements for Nonconforming Structures

Under the City of Charlotte Unified Development Ordinance, the legal right to restore a nonconforming structure is primarily tied to the cause of the damage and the timeline for seeking a permit. If these conditions are met, the structure does not need to be brought into full conformity with current City of Charlotte zoning regulations.

Requirement	Standard for the City of Charlotte
Eligible Causes of Damage	Fire, flood, wind, or other act(s) of God [Section 38.3.G]
Permitted Scope of Work	Restoration to original dimensions and conditions [Section 38.3.G]
Permit Application Deadline	Within 18 months of the date of the damage [Section 38.3.G]
Maintenance and Repair	Normal maintenance is always permitted to continue the structure [Section 38.3.A]

Expansions and Additions During Rebuilding

If a property owner in the City of Charlotte intends to expand a nonconforming structure while rebuilding, the expansion must typically conform to all current regulations of the applicable zoning district. However, the City of Charlotte Unified Development Ordinance provides specific allowances for limited additions in high-intensity districts.

Limited Additions in Specific Districts

In the Neighborhood Center (NC), Regional Activity Center (RAC), Innovation Mixed-Use (IMU), and Transit Oriented Development (TOD) Districts, as well as the IC-2, RC, and CAC-2 Districts, rebuilding with a small addition is subject to relaxed standards [Section 38.3.D.1].

Addition Size	Required Standards in the City of Charlotte
Less than 25% of GFA or 1,000 sq. ft.	Must meet setbacks by frontage type, build-to zones, and maximum building height [Section 38.3.D.1.a]
25% of GFA / 1,000 sq. ft. or Greater	Must comply with all district standards, except requirements for the vertical distance between the building entry and the sidewalk [Section 38.3.D.1.b]

Restoration of Nonconforming Uses

The City of Charlotte also allows for the re-establishment of a nonconforming use if the structure containing it is destroyed by an act of God. Similar to the rules for structures, the nonconforming use may be re-established as long as the building permit for the repair or restoration of the structure is submitted within 18 months of the damage [Section 38.2.G].

If a nonconforming use is voluntarily discontinued for a period of 12 consecutive months, the City of Charlotte prohibits its re-establishment, and any subsequent use of the land or structure must conform to the Unified Development Ordinance [Section 38.2.F].

Administrative Adjustments for Historic Features

In City of Charlotte Historic District Overlays (HDO), the Zoning Administrator may approve an administrative adjustment for the restoration or replacement of a historic feature that was lost or damaged. This includes features that might otherwise encroach into a required setback or landscape yard, provided the restoration is substantiated by historical evidence [Section 14.2.I].

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