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Council adopts UDO text amendments to comply with state Senate Bill 382
Summary
Council approved text amendments to the Unified Development Ordinance to align with provisions of North Carolina Senate Bill 382, with staff noting multiple section changes and council members describing them as technical refinements rather than material policy shifts.
Charlotte planning staff told council members on Feb. 17 that a text amendment to the Unified Development Ordinance (UDO) had been revised to comply with Senate Bill 382 and to make a number of administrative updates.
Staff described extensive edits across multiple sections (including Sections 2.3, 7.39.0.3, 10.0.3, 11.0.3 and more) that were required to align local code with statutory changes passed by the General Assembly in December. Staff also noted non-related administrative edits addressing dwelling types and conditional district text (e.g., duplex, triplex, quadruplex clarifications) that do not change where these housing types are allowed.
Council member Ed Driggs said the transportation planning and development committee had reviewed the amendments and concluded most were technical or operational refinements. He noted that Senate Bill 382 includes provisions addressing downzoning and owner consent that remain controversial at the state level; staff removed potentially offensive language now so it could be restored if the legislature changes course. Driggs recommended moving forward with the amendments to keep the city code compliant without pre-empting potential state action.
Council voted to adopt the text amendment after a motion and second; a motion not to send the item back to zoning committee passed prior to the final adoption vote.
Why it matters: Adopting these edits keeps the city's ordinance consistent with state law and preserves the city's ability to act later on outstanding policy choices depending on legislative outcomes. The changes are primarily technical but bear on how the city implements its UDO and handles conditional districts and housing types.
What happens next: Staff will finalize ordinance language and file the adopted text amendments into the UDO. Council and staff noted the potential to revisit particular provisions if the state legislature changes the legal framework.
