House Bill 142—the HB2 repeal—includes a provision that prevents local governments from adopting or amending ordinances “regulating public accommodations” until December 2020.  Does that mean a local government in North Carolina cannot amend a zoning ordinance relating to restaurants, hotels, … Continued

After a city or county establishes a historic district or historic landmark, the local historic preservation commission is authorized to prevent certain changes that “would be incongruous with the special character of the landmark or district.”  But, what is the … Continued

There is no constant in community. Population ebbs and flows; market preferences shift; the economy fluctuates. Each community evolves. In many suburban places across North Carolina—indeed, across the U.S.—that evolution includes a move toward more density, more mixed uses, and … Continued

A few blocks from downtown in the town’s historic district sit two houses built in the early twentieth century: the Hare House and the Tortoise House. The houses retain their historic elements and contribute to the architectural character of the … Continued

A local development board is set to hold a quasi-judicial hearing for a development permit. The neighbor across the street from the proposed project is set to oppose it.  She wants to voice her concerns in the quasi-judicial hearing—and appeal … Continued

In an effort to be business-friendly and to avoid a bunch of extra hearings, city council wants to allow the subdivision review officer to vary the subdivision standards when there is good reason to do so.  But, the statutes say … Continued

Interpreting the zoning ordinance—like interpreting any legislation—can be tricky business. Ordinances may be imprecise, development continually evolves, and terms are not always clear.  Reasonable minds may disagree over the correct interpretation and application of a particular provision of the ordinance.  … Continued

What developments qualify as subdivisions and which ones are exempt?  Who can review a subdivision plat and what standards can apply?  Can the local government require streets and infrastructure?  And what can local governments do with performance guarantees?  A comprehensive … Continued

A developer in town is seeking approval for a large new real estate project. The zoning and subdivision ordinances call for the developer to construct and dedicate public streets and parks and water infrastructure. But, the city has plans for … Continued

…replacement of stormwater management facilities (G.S. 153A-454; 160A-459). Aside from stormwater facilities, though, there is no explicit authority for maintenance bonds for private improvements. Now, what about the guarantees that…