On the edge of town there’s a new residential development under construction. The neighborhood looks fairly conventional—there are houses and yards, streets and sidewalks. But there is a notable difference that you can’t see. The homes are not listed for … Continued

The North Carolina Court of Appeals ruled in Schroeder v. City of Wilmington that state law prohibits a registration requirement for short-term rentals, but the court also ruled that state law allows for general zoning and development standards for short-term … Continued

“County zoning regulations may not affect property used for bona fide farm purposes.” That’s what North Carolina state law dictates about land use zoning regulations of agricultural operations in the county or the municipal extraterritorial jurisdiction (G.S. 160D-903). But that … Continued

Seemingly clear, objective development regulations may be the subject of debate and interpretation. Is that new business unlawful? Was the notice of violation correctly issued? Does the proposed development meet the applicable standards? Did the administrator correctly interpret the regulation? … Continued

As part of a broader decriminalization effort in North Carolina, most development regulations may no longer be enforced criminally. This blog outlines the new restrictions and limited exceptions.

They can’t park all of those cars in the front yard! That subdivision street is not being built to standard! That newly permitted storage facility has not installed the required fencing to ensure community safety!  What’s the town to do? … Continued

So, you’re a new member of the planning board. Or maybe you have been on the board for a while and need a refresher on your role. First off, thank you for your service to the community and congratulations on … Continued

At a prominent corner in downtown, there’s a vacant lot. The adopted Downtown Plan envisions a café or a bookshop or a boutique—something to contribute to a walkable, touristy downtown. The owner of the vacant lot has a different vision. … Continued

After site plan approval, the developer discovers a need to alter slightly the layout of the building. After a conditional zoning approval, the property owner decides to alter the parking layout to make better use of green space. And after … Continued

Several years ago the town council approved a major development. Part of the development is complete, but several phases remain. The developer wants to substantially alter the approved plans for the remaining phases. Can the developer change the original approval? … Continued