Skip to main content

Snakes with Too Much for Dinner: Conforming to the Transportation Plan

January 20, 2011

UPDATE September 2013:  The North Carolina Department of Transportation has adopted rules and policies concerning the size, location, direction of traffic flow, and the construction of driveway connections into State Highway System roads.  In exercising this authority under G.S. 136-18(29), … Read more

Hardship, Reasonable Use of Land, and Zoning Variances

November 3, 2010

UPDATE September 2013:  The 2013 legislation revising the board of adjustment statutes affects the standards for granting variances.  S.L. 2013 – 126 repeals the reference to “practical difficulties” and provides that to grant a variance unnecessary hardship must result from … Read more

A Shot across the Bow of the Zoning Ship?

August 31, 2010

A shot across the bow of another ship at sea can provoke an international incident if the action is improperly interpreted, or the matter can be resolved quickly. But in either case a shot across the bow tends to get … Read more

Extending Permit Extension

August 3, 2010

Remember the permit extension legislation from last fall that was designed to give developers, lenders, and property owners a reprieve from all of those governmental permits expiring? You know, the legislation that suspended development permits from running during the period … Read more

Zoning and North Carolina’s Fair Housing Act

June 8, 2010

Suppose that a town council holds a public hearing on a proposal to rezone one of the last vacant tracts of land in the northwest area of town from a single-family residential district to a multi-family residential district. Suppose also … Read more

Campaign Signs and Local Land-Use Ordinances

April 27, 2010

UPDATE September 2013:  In 2011 the General Assembly adopted legislation establishing standards for political signs within the right-of-way of NCDOT roads and highways, giving NCDOT the authority to enforce them.  The adopted statute (G.S. 136-32) does, however, allow municipalities to … Read more

Civil Penalties and Zoning: Why Fight ‘Em, Just Cite ‘Em

March 10, 2010

The expansion of  a certain nonconforming junkyard and auto salvage yard violates the zoning ordinance, a condition that has existed for some time. Warnings have gone unheeded. The local government has sought to accommodate every promise made that the violator … Read more