Monday, April 29, 2024

Navigating Legal Issues With Your Property

charlotte zoning ordinance

They also establish standards for residential areas, multi-family dwellings, townhouses, and open space requirements. The NCO Neighborhood Character Overlay is intended to create a transition between locally designated historic landmark properties and/or locally designated historic districts and residential areas. Penalties may be issued by the Zoning Administrator for violations of these regulations. The adoption of the UDO was a city-wide effort to update the regulations that guide growth and development in Charlotte. The UDO combined eight development ordinances, including the zoning ordinance, into one set of regulations to make them clearer and easier to use. The UDO combines zoning regulations, along with other land development rules (such as subdivision, tree, and floodplain ordinances) into one comprehensive document.

charlotte zoning ordinance

TRANSLATION MAP

The Stormwater Administrator is responsible for carrying out the powers and duties outlined in these articles. Additionally, the Stormwater Administrator must provide information and recommendations relative to variances and respond to appeals from the UDO Board of Adjustment. Once you’ve chosen a legal team, it’s time to start gathering whatever evidence you have for the case. While every case is different, the best way to prepare for a legal dispute is to ensure strict document and filing protocols with your property management team to make sure everything is recorded and available as evidence. The vision and guiding principles of the UDO support affordable housing by encouraging a range of housing choices. In short, this includes housing that meet the needs of people with different incomes, ages, physical abilities and lifestyles.

Navigating Legal Issues With Your Property

Additionally, it outlines the rules of construction, abbreviations, and definitions that are used throughout the UDO. The information provided here is not legal advice and does not purport to be a substitute for advice of counsel on any specific matter. For legal advice, you should consult with an attorney concerning your specific situation.

What changes were made to the UDO second draft (also known as the Public Hearing Draft) from the first draft?

The zoning regulations in the UDO are crafted to be more easily understood. The UDO relies less on written text, and more on graphics and illustrations, to convey the various development standards to the casual user. The subdivision, streets, and other infrastructure articles (Articles 29-34) provide regulations for development activities within the City and its Extraterritorial Jurisdiction (ETJ).

Research has shown that supporting a greater mix of housing types is key to providing more opportunities for affordable housing. The OAC is a small group with interests and experience in community organization, real estate and development, and advocacy in the Charlotte area with a balance of perspectives. To be effective, the committee’s membership is limited to no more than 40 members, all of whom are appointed by the Planning Director. We’ve developed a series of handouts summarizing zoning districts in the UDO. If you knew your zoning under the old ordinance, you may see a new name today.

There are three changes that happened on June 1 that you should know about:

Zoning districts without any special conditions (these are called “conventional” districts) translated to the new UDO zoning districts on June 1. Use this map to see if a new UDO zoning district applies to your property. Over the course of my 30 years in property management throughout the Los Angeles area, I’ve seen plenty of tenant-landlord relationships turn sour and end up in the courtroom. We’ve had luxury properties turned into party houses by reckless tenants.

How is the Charlotte community involved?

One of the injured CMPD Officers, Joshua Eyer, a 6-year veteran, fought for his life for several hours before succumbing to his injuries. The map above is based on the zoning translation table in Article 3 of the UDO (See below). The zoning translation table lays out how each conventional zoning district will translate in the UDO. Use this map to search an address or parcel ID to see previous zoning and the translated UDO zoning district now that the adopted UDO is in effect. Click on the link above and enter an address or parcel ID to see current zoning and the translated UDO zoning district once the adopted UDO goes into effect. Learn about ways to engage now at charlotteudo.org/get-involved/whats-new/.

What was the role of the Planning Committee in the UDO adoption process?

Virtual session presentations and playbacks are now available at the link below. Recommended substantive changes to the Public Hearing Draft have been summarized in the matrix linked here. This summary does not include non-substantive changes such as grammatical corrections, spelling corrections, or scrivener’s errors, etc. The text of the Public Hearing Draft with recommended changes is available for review online at the CharlotteUDO.org website.

DISTRICTS NOT TRANSLATING WITH UDO

The UDO updates and combines them all so they work better together and are clearer and easier to use. However, not all of the ordinances included in the UDO had major changes. While some underwent substantive updates, many only had slight modifications for consistency with the rest of the UDO.

Most zoning districts changed on June 1, 2023 as Charlotte’s new development ordinance updated the City’s zoning map. The Unified Development Ordinance (UDO) that City Council approved last August included a transition or “translation” of old zoning districts to the new zoning districts of the unified ordinance. Use this map to see if a new zoning district applies to your property. The only zoning that did not change on June 1 were conditional, optional, and exception zoning districts that were previously rezoned with specific rules for development. Charlotte’s original zoning ordinance (before the UDO) was not always in alignment with the community’s vision for how development should occur, nor did it always reflect best practices for zoning regulations. The original zoning ordinance was often difficult to navigate and confusing for the occasional user.

Charlotte regulatory issues, zoning code overhaul, property tax revaluation top of mind for REBIC chair - Charlotte Business Journal

Charlotte regulatory issues, zoning code overhaul, property tax revaluation top of mind for REBIC chair.

Posted: Wed, 30 Jan 2019 08:00:00 GMT [source]

The zoning district names in the new ordinance are entirely different from what was used in the old zoning ordinance. For licensed real estate professionals, there are mandatory educational requirements we have to fulfill to keep our licenses, so that we’re always up to date on all of the evolving policies and procedures in our field. However, if you’re a property owner, no such requirements exist for you. The committee members’ reactions and comments to ordinance concepts help staff make adjustments to the UDO. All OAC meetings are streamed live and also available for you to watch after the meeting, on our Charlotte Planning, Design & Development YouTube channel.

Specific changes recommended for this draft are highlighted in green.

We’ve had other tenants hold onto thousands of dollars in rent because of messy, ongoing divorces. I even had a friend in the business who had a lawsuit between a landlord and tenant that revolved around how a tenant frequently cooked massive amounts of garlic, and the smell was driving the surrounding neighbors from the building. The new UDO zoning districts on this map are effective as of June 1, 2023. The UDO establishes new zoning districts applied within the City of Charlotte and its Extra-Territorial Jurisdiction (ETJ). This page describes the translation of zoning from old zoning districts to the new zoning districts in the UDO.

In addition, the UDO includes several other methods to achieve greater affordability including incentives, removing regulatory barriers, and providing higher density housing opportunities. The UDO was developed by staff from the City of Charlotte and Mecklenburg County, with feedback on concepts from the Ordinance Advisory Committee (OAC), community feedback, and consultant support from Camiros, Ltd. That’s why it’s essential to make an extra effort to keep yourself informed. One of the best ways to do that is to seek out educational seminars by the same legal experts that would best represent you in court. In a perfect world, there would be no text messaging with tenants, and all communication would be done through email correspondence or letters.

Additionally, this category covers accessory structures with general standards for them. Local governments use zoning as a regulatory tool for several purposes. Firstly, zoning controls the physical development of land and the way land may be used by setting land uses.

Numerous changes were made to the UDO between the release of the first draft in October 2021 and adoption in August 2022. Changes were based on feedback obtained from the community, City and County staff, the UDO Advisory Committee (OAC), Planning Commission, County Commission, and City Council. All the public comments submitted through the comment portal on both drafts were recorded and are available on the CharlotteUDO.org website. Staff worked to respond to and reconcile all comments and recommended changes based on the feedback received, where appropriate.

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