Charlotte Region Commercial Board of REALTORS Blog

Taken from the REBIC Blog:

Did you know that, under Charlotte’s current regulations, a restaurant that does nothing more than provide live piano music for its guests could run afoul of its zoning provisions? Or that a restaurant owner who hires a balloon artist to entertain children during dinner could have his establishment classified as a nightclub?

With its vague definitions of restaurants and nightclubs, the City’s existing zoning code creates a great deal of confusion for owners and operators of dining establishments, as well as for the commercial brokers who need clarity to understand whether or not a particular use will be allowed on a client’s property. But an effort is underway to change that.

In Charlotte today, a restaurant is defined as, “An establishment designed, in whole or in part, to accommodate the consumption of food and/or beverages.”  The only other recognized use for a dining establishment is a nightclub, which is defined as, “Any commercial establishment serving alcoholic beverages and providing entertainment for patrons including bars, lounges and cabarets.” Nowhere in the current zoning ordinance is the word “entertainment” defined.

As a result, it is becoming increasingly difficult to distinguish between restaurants, nightclubs and bars, and between 2010 and 2011, the city issued more than 29 notices of violation to establishments that failed to comply with their zoning conditions (most were for separation requirements). So in 2011, the City began the process of developing new definitions for restaurants, bars and nightclubs, to eliminate confusion and provide greater flexibility for property owners. The process was put on hold in 2012 while the Noise Ordinance was updated, and got underway again late last year.

The stakeholder group is currently considering whether to create a zoning definition for an “Eating, Drinking and Entertainment Establishment,” which would replace the current definitions for restaurants, nightclubs and bars. REBIC is evaluating the proposed language, which is summarized HERE. We welcome any input from our broker and commercial developer members on this important subject.

The next Stakeholder Meeting is scheduled for Thursday, May 9 at 6 p.m. at the Government Center. Anyone interested in the issue is encouraged to attend. For more information on the City’s Restaurant/Bar/Nightclub stakeholder group, click HERE.

For the original blog post, click here.

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Mayor Anthony Foxx was recently nominated as the secretary for the U.S. Department of Transportation.  Below are a few articles about the nomination and how this will affect Charlotte.

• For the Charlotte Observer article.
• For the Charlotte Business Journal article.
• Blog Post from the White House.

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Read the blog post below from REBIC about a very important regulation that could affect the Post-Construction Controls Stormwater Ordinance.

The North Carolina Senate approved legislation this week that would make big changes to environmental permitting, and could roll back portions of local regulations that exceed state mandates, including Charlotte’s Post- Construction Controls Stormwater Ordinance (PCCO).

SB 612, the Regulatory Reform Act of 2013, was approved 36 – 11 in a Thursday afternoon vote, and now heads to the House for consideration. This legislation would provide regulatory relief to the citizens of North Carolina by:

• Prohibiting cities and counties from enacting ordinances that are more stringent that existing state or federal regulations;
• Creating a fast-track permitting process for stormwater and erosion control plans when certain minimum standards have been met and certified by the applicant’s engineer;
• Allowing third-parties to a request a review of existing state rules through the NC Rules Review Commission;
• No longer defining gravel as an impervious surface or “Built-Upon Area;”
• Allowing brick and wood debris to be used as fill on development sites;
• Clarifying the laws relating to groundwater compliance boundaries; and
• Amending the prohibition on master metering to permit an all inclusive lease in a multi-family property.

Language that would have eliminated riparian buffer requirements on property in the Neuse and Tar-Pamlico River basins was removed by amendment during the floor debate, but could re-emerge in more limited form when the bill reaches the House. While this language would not affect the Charlotte area, both the North Carolina Association of REALTORS (NCAR) and the North Carolina Home Builders Association (NCHBA) have been advocating for a provision to grandfather lots platted prior to the effective date of the basin rules.

One such local ordinance that could be impacted by the passage of SB 612 would be the Charlotte PCCO, which was adopted with stricter redevelopment standards than are called for in state law. This one amendment, which REBIC has long advocated for, could save developers millions in infrastructure costs and substantially open the market for redevelopment of long-neglected intown sites. However, existing federal stormwater law may prevent any significant changes to the PCCO.

REBIC and members of the Charlotte Chamber Land Use Committee are meeting with City of Charlotte officials on May 13 to discuss how SB 612 may affect local regulation. We’ll continue to track the progress of this bill and other regulatory reform legislation, and advocate for their passage in the General Assembly.

For the original post on REBIC’s blog, click here.

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Governor Pat McCrory  introduced a new proposal for funding transportation projects to accelerate North Carolina’s infrastructure investments and encourage greater economic growth. The proposed formula provides flexibility to address diverse needs of the state.

For more information, click here.

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