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Charlotte, other cities grapple with land use regulation changes in disaster relief bill

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Charlotte and other cities across North Carolina are grappling with a little-noticed provision in the sweeping disaster relief and government reform bill approved by Republicans last month over former Gov. Roy Cooper's veto. There are concerns that the bill limits municipalities’ ability to set local land use regulations.

Senate Bill 382 stripped incoming Democratic officials such as Gov. Josh Stein of some of their powers. It also set aside $227 million for Hurricane Helene Relief. In five short sentences, it limited local governments’ ability to downzone land for less dense construction, exclude some businesses from specified districts, or enact new regulations on land uses without an owner’s consent.

Charlotte planner Dave Pettine told City Council members on Monday that the city can’t mandate bigger buffer zones around businesses like electronic arcades and industrial sites.

"In the past we required, let's say, 50-foot buffer for industrial uses next to residential or commercial uses," Pettine said. Now, hypothetically, "[if] we felt that as a city or, we wanted to increase that to 60 feet, 75 feet, we wouldn't be able to do that."

Charlotte officials said they’re pausing some of the city’s land-use regulation changes with the Unified Development Ordinance and working with other municipalities to lobby the General Assembly for changes to the law.

Ely Portillo has worked as a journalist in Charlotte for over a decade. Before joining WFAE, he worked at the UNC Charlotte Urban Institute and the Charlotte Observer.