Regulations for Expanding and Modifying Nonconforming Buildings in the City of Charlotte
In the City of Charlotte, a nonconforming structure may be modified or expanded provided that the expansion area itself complies with the current standards of the Unified Development Ordinance (UDO). Nonconforming uses within a structure are limited to a one-time expansion of no more than 25% of the existing gross floor area or 1,000 square feet, whichever is less, and must be repaired or restored within 18 months if damaged by an act of God [Section 38.2, 38.3].
General Authority for Nonconformities
The City of Charlotte Unified Development Ordinance permits any building, structure, use, or sign that was legally established prior to the effective date of the UDO to continue to exist even if it no longer meets current regulations. The responsibility for proving that a building or use is a valid nonconformity rests entirely with the property owner [Section 38.1].
Modifying Nonconforming Uses
If a City of Charlotte property contains a nonconforming use (a use not typically allowed in its current zoning district), specific limitations apply to any physical changes.
Maintenance and Expansion
Normal repair and maintenance are permitted to allow the continued operation of a nonconforming use. However, a nonconforming use located outside of a structure cannot be expanded. If the nonconforming use is located within a structure, it may be enlarged under the following strict parameters:
| Expansion Type | Maximum Allowance |
|---|---|
| Area Limit | 25% of existing gross floor area or 1,000 square feet (whichever is less) |
| Frequency Limit | Only one expansion of a nonconforming use is permitted |
| Use Discontinuance | Must not be vacant/discontinued for 12+ consecutive months |
| Casualty/Damage Repair | Application must be submitted within 18 months of the damage |
[Section 38.2]
Changing the Use
A nonconforming use may be changed to a different nonconforming use if it falls within the same use category in the Article 15 Use Matrix. This is only permitted if the City of Charlotte Zoning Administrator determines the new use will not generate more secondary effects—such as noise, traffic, or fumes—than the original nonconforming use [Section 38.2.D].
Modifying Nonconforming Structures
A nonconforming structure in the City of Charlotte is a building that was legally constructed but no longer complies with dimensional standards such as setbacks, height, or building coverage.
Renovation and Expansion Rules
Generally, a nonconforming structure cannot undergo renovation or expansion if it involves a change of use unless that new use is allowed in the district and the property meets current City of Charlotte parking requirements [Section 38.3.C].
Expansion of the building footprint is permitted only if the area of the lot where the expansion is occurring is in full conformance with current UDO standards [Section 38.3.D].
Standards for Specific Zoning Districts
In high-intensity districts—including the Neighborhood Center (NC) Zoning District, Regional Activity Center (RAC) Zoning Districts, Innovation Mixed-Use (IMU) Zoning District, Transit Oriented Development (TOD) Zoning Districts, and the IC-2, RC, and CAC-2 Zoning Districts—additions that do not exceed 25% of the gross floor area or 1,000 square feet must meet the following criteria:
| Standard Category | Requirement for Additions |
|---|---|
| Setback Lines | Must meet required setback lines based on frontage type |
| Build-To Zone | Must comply unless the Zoning Administrator finds it is not practical |
| Build-To Percentage | Must comply unless the Zoning Administrator finds it is not practical |
| Side and Rear Setbacks | Must comply with current district standards |
| Maximum Height | Must comply with current maximum building height limits |
[Section 38.3.D.1.a]
Nonconforming Accessory Structures and Site Elements
In the City of Charlotte, nonconforming accessory structures (such as sheds or detached garages) cannot continue if the principal use or structure is destroyed or discontinued. An existing nonconforming aboveground utility accessory structure may be replaced as long as the replacement does not increase the degree of nonconformity. However, these structures are capped at 42 inches in height if they are located within an established setback along a frontage [Section 38.4, 38.5].
Nonconforming site elements, such as those related to loading and landscaping, must be brought into full compliance with the City of Charlotte UDO whenever a new principal building is constructed on the site [Section 38.7.D].
Sections Cited
- Section 1.5 Transition Rules
- Section 38.1 General Provisions
- Section 38.2 Nonconforming Uses
- Section 38.3 Nonconforming Structures
- Section 38.4 Nonconforming Accessory Uses and Accessory Structures
- Section 38.5 Nonconforming Exterior Lighting
- Section 38.7 Nonconforming Site Elements