Questions on R-3 Zoning in Charlotte

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Questions on R-3 Zoning in Charlotte

Jerry Mical
Charlotte, NC · Member since 2020 · 23 posts · 4 votes

Hi all!

I was doing some research into zoning laws and trying to grasp an understanding of everything. There was a house that is zoned R3 and it is a 4bd 2ba on .87 acres. Based on the "minimum lot area (sq ft)" chart that I am reading here for Charlotte (http://ww.charmeck.org/Plannin...) on Page 12, it appears I could turn this into a duplex as long as the minimum lot size is 16,000 Sq Ft. Based on .87 acres on the lot, I am calculating 30,000+ sq. ft. for the minimum lot size, meaning I would be able to properly convert this into a duplex, right? Also based on that zoning ordinance, it appears I would not be able to convert it into a triplex or a quadplex as those columns were empty in the chart. I am new to this stuff so I am making a few (likely incorrect) assumptions.

Assuming my understanding (and math) is correct and I would be able to convert this 4bd 2ba into a duplex, I would want to turn it into a two unit 2bd/2ba duplex or expand it to 3bd/2ba on at least one side. I feel like I am missing some key points that would not make this plan viable. Most likely, I am misunderstanding the zoning as this is the first time I have done deeper than surface-level research on zoning. Please provide any and all feedback. I look forward to the discussion and learning!

Side note, I thought of as I was about to hit submit - If the 30k minimum sq ft requirement is correctly calculated, could I have a duplex (16k min sq ft.) and add a detached dwelling (10k min sq ft.) also? Or is that not how the zoning works?

Best,

Jerry

 

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  • Christopher ArangurenPro Member
    Attorney · Charlotte, NC · Member since 2019 · 11 posts · 9 votes
    6y

    Hi Jerry--Not a zoning expert, so do not take the below as an authority. For an authoritative answer, reach out to the Mecklenburg Zoning Department. In my view that's literally the only way you can be guaranteed in your action really.

    With that disclaimer out of the way--I agree with you that tri/quad appears not doable. There are some things missing in your description for duplex consideration though, more so than just the lot size. To my knowledge, R-3 is not zoned for multi-family as a right, which is consistent with what appears in the text. Per the link you provided, check out section 9.202. To my understanding, this outlines the various permissible uses by right (e.g., always) for R-3 (amongst other single family zones). The only one that has a possibility of allowing a duplex by right is R-8, so we look elsewhere. 

    The other permissible uses are in the next section--9.203 and more specifically sub-sections (5.1) and (6). Per these sub-sections, the duplex would need to be [a] on a corner lot, [b] if more than one entrance, with entrances to each unit facing different streets, and [c] minimum setback applies to each. Assuming you meet those requirements, you at least may be permitted according to the zoning laws. While it seems that you could read this as "hey I meet these requirements! Off we go!" it's far from immediately apparent to me that you can go and just do it, especially since the ordinance says "may" and not something more concrete like "shall" or something as a right. Without further confirmation from the Zoning Dept., I would not be comfortable with that, especially since converting would likely be relatively expensive. I would be especially uncomfortable if you plan to replicate that, since you'd be placing your road to wealth on an assumption.

    Now mind you, none of this even considers the other requirements to "convert this into a duplex." The size restrictions you point out are one such restriction, but not the only one. There's also things like fire safety codes. It's not so simple as add a wall and some locks. So, your plan has to account for this. 

    For the actual maths you set forth, seems like size-wise the property is fine. But I'd worry a lot more about everything else outlined above.

    Hope this is somewhat instructive. Obviously, someone who knows more is free to correct me, i'd love to learn where holes are poked in my analysis.

    _______________

    Chris

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  • Keith Knodle
    Charlotte, NC · Member since 2018 · 3 posts · 0 votes
    5y

    @Jerry Mical

    Hi Jerry,

    Did you go any further in your deeper dive on zoning, lot size, duplex or additional dwelling? I would be curious what you found out. Thank you!

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