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Protest Petitions: Going or Staying?

July 19, 2013

UPDATE:  In 2015 the General Assembly abolished the supermajority requirement for adopting zoning map amendments if a protest petition had been filed. S.L. 2015-160 created G.S. 160D-603 as an alternative to the protest petition. It allows written protests to be … Continued

BOA/Quasi-Judicial Statute Updated

June 12, 2013

Many folks have never heard of zoning board of adjustment, but this is a critically important piece of the local development regulation machinery.  Every year these boards hear and decide hundreds of appeals of the interpretation of ordinances made by … Continued

Rick’s Cafe Experiences Growing Pains

May 16, 2013

A small restaurant on the edge of town has been in operation for many years.  Rick’s Cafe Carolinian was built in the 1940’s by Vic and Ilsa Laszlo at a time when the surrounding land was only woods and fields.  … Continued

Can We Top Off Our Tower?

March 18, 2013

Update:  Provisions substantially similar to the federal provisions discussed in this post were incorporated into state statutes in 2013.  S.L. 2013-185.  See the update at the end of this post for details.   Cell tower construction is a hot zoning … Continued

How Much Repair is Too Much Repair?

February 21, 2013

Hershel Greene runs a small animal hospital out on the edge of town. When the business first opened thirty years ago, he had a large billboard advertising the business installed out by the road.  Herschel had been heavily involved with … Continued

Which City and County Ordinances Apply in the ETJ?

January 3, 2013

The county zoning inspector received a call from a citizen complaining about a large accumulation of junk in a neighbor’s back yard.  The caller said there are several old refrigerators, some discarded furniture, and “a whole bunch of other junk” … Continued