Land Use & Code Enforcement Archives - Coates' Canons Coates' Canons

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Calculating the Majority Vote Required for Variances and Development Regulation Amendments

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Permit Choice Rule for Development Regulations

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What Conditions Can Be Included in Conditional Zoning?

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Administrative Minor Modifications of Development Approvals

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Major Amendments to Approved Developments

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Impermissible Considerations for Legislative Development Decisions

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Legislature Decriminalizes Local Ordinances

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Considerations for Legislative Development Decisions

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Procedures for Legislative Development Decisions

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Types of Development Decisions

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Comprehensive Plans and Land Use Plans Required for Zoning

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Public Meetings After the Lifting of the State-Level State of Emergency

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Extension Extended: General Assembly Expands Development Permit Extension

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Chapter 160D Deadlines and Transitions

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Understanding the Legal Basis for the Strike Down of Wilmington’s Short-Term Rental Ordinance

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A Pause in the Legislative Session

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Chapter 160D Now Effective

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Remote Zoning Hearings during Declared Emergencies

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160D Extension, Maps by Reference, and Permit Extensions due to COVID-19

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New Rules for Meetings of Public Bodies During State-Level Declared Emergencies

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STR Regulations Found Unconstitutional in Texas: Renting Property is a Fundamental Privilege of Property Ownership

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Remote Participation in Quasi-Judicial Evidentiary Hearings

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Local Government as Lender: Emergency Loans for Small Businesses

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Downtown Facade Improvement Programs

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Chapter 160D and Other Zoning Legislation

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Regulation of Short-Term Rentals and the Effect of S.L. 2019-73

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Syringe Exchange Programs and Land Use Zoning

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Disaster Recovery Legislation Imposes Building Permit and Inspection Fee Moratorium Effective NOW

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Temporary Signs in the Right-of-Way

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Temporary Housing and Zoning Amendments

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Administering Development Regulations and Accounting for Permitting Fees

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Residential Zoning Ordinances and Short-Term Rentals: Square Peg, Round Hole?

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Receivership: A New Tool for Addressing Vacant Problem Properties in North Carolina

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Maintenance of vacant or neglected commercial buildings: options for NC local governments

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The Airbnb Gold Rush: What’s a City to Do?

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Local Government Owners of Historic Property Asked to Convey Property by End of 2017: What Public Officials Should Know

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Satellite Area Boundaries are Corporate Limits, But Not for Purposes of Contiguous Annexation or ETJ.

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Tick Tock! The Clock Is Now Running for Zoning Enforcement

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Legal and Business Reasons Why Downtown Development Programs Should Involve Secured Loans—Not Grants

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Statues and Statutes: Limits on Removing Monuments from Public Property

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Conveyance of property in a public-private partnership for a “downtown development project”

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A Statutory Modification for Plan Consistency Statements

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Subdivision Legislation: An Old Exemption and a New Expedited Review

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Does the HB2 Repeal Limit Zoning Authority?

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May a City Mow an Overgrown Lot without a Court Order?

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What is the “special character” of the historic district?

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Periodic Inspections, Permits, and Registration of Residential Rental Property: Changes in 2017

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The Tortoise, the Hare, and Demolition in Historic Districts

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Can the neighbor speak? Can the neighbor appeal? Standing and quasi-judicial hearings

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Administrative Modifications in Subdivision and Zoning Ordinances

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Municipalities (and Counties) Not Authorized to Charge Certain Impact (aka Capacity, System Development) Fees

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Interpreting the Zoning Ordinance

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HB 2 and Bathrooms: What Must North Carolina Units of Government Do Now?

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Making Sense of Subdivision

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The General Assembly Preempts Local Antidiscrimination Measures

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What Does the Farm Exemption from Zoning Regulation Include?

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Advisory Board Review of Quasi-judicial Decisions

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Dealing with Land Uses Not Specifically Addressed in a Zoning Ordinance: The Saga Continues

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Repealing Ordinances

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Local Government Economic Development Powers “Clarified”

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Voting Rules, Monuments, and Beehives: Miscellaneous Changes to Local Government Laws

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Cash Grants for Real Estate Developers without Competition for Jobs—A Constitutional Quandary

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Annexation Agreements for Economic Development – Not an Option

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Subdivision Performance Guarantees: Legislative Changes

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Business Registration Programs: 10 Questions and Answers

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Can the City Tell Me What My New House Has to Look Like?

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Sign Litigation: A Brief Analysis of Reed v. Town of Gilbert

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Subdivision Performance Guarantees: A Little More Clarity

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Origins of Legislation to Reorganize and Modernize NC Planning and Development Regulation Statutes

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Building the Record for a Quasi-Judicial Decision

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Voting Rules for Adopting Ordinances

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Sale of Historic Structures by NC Local Governments for Redevelopment

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Can We Close That Old Street Right-of-Way?

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Consistently Inconsistent? Considering Consistency Statements for Zoning Amendments

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Meet the Granny Pod: New Zoning Protection for Temporary Family Health Care Structures

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King v. Town of Chapel Hill: The Supreme Court Issues a Major Decision on the Police Power of Local Governments (Part 2)

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Subdivision Plat Approval: What type of decision is it?

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Requirements for Quasi-Judicial Decision Documents

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King v. Town of Chapel Hill: The Supreme Court Issues a Major Decision on the Police Power of Local Governments (Part 1)

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Acquiring real property for redevelopment—can local governments keep it confidential?

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Variance Standards: What is hardship? And when is it unnecessary?

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Stay What? Placing Development on Hold While Appeals Are Pending

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Can Outside Material be Incorporated by Reference into Local Development Regulations?

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Keep Your Distance: Requirements to Keep Certain Land Uses Apart

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Can a Property Owner Be Cited for a Zoning Violation by a Tenant?

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Solar Farms and Solar Rooftops

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How a North Carolina Local Government Can Operate a Land Bank for Redevelopment

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Accessory Uses and Structures in the Zoning Ordinance: Eight Things to Remember

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Subdivision Performance Guarantees

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Mandated Notices in Land Development Regulations

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What You Need to Know about Driveway Permits and Road Access: Part I

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Relinquishing Extraterritorial Planning Jurisdiction

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Demolition and Code Enforcement Involving Historic Districts and Landmarks

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Choosing the Right Development Review Process: Factors to Consider

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Historic Preservation Commission Basics

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Sidewalk Dining: Some Questions and Answers

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Do You Have to Swear to Tell the Truth to the Board of Adjustment?

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Nuisance Abatement and Local Governments: What a Mess – Part II

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Planning Board Basics

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Protest Petitions No Longer Allowed in North Carolina

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The Koontz Decision and Implications for Development Exactions

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BOA Changes Are Coming

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Determining and Distinguishing Land Uses

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A Few Thoughts on Community Appearance and Design Controls

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Rick’s Cafe Experiences Growing Pains

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What Do You Mean I Can’t Start Up My Business Again?

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Is it a land use yet?

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Can We Top Off Our Tower?

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When is That Guy Going to Finish His Remodeling Job??

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How Much Repair is Too Much Repair?

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Exactions and Subdivision Approval

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Can the Board Go Into a Closed Session to Deliberate a Quasi-Judicial Decision?

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Which City and County Ordinances Apply in the ETJ?

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“Bah, Humbug” Gamers Say: Video Sweepstakes Statute Upheld

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Did the NC Supreme Court put cash economic development incentives in jeopardy?

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Who says I can’t rezone my rezoning?

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A Conditional What? Clarifying Some Confusing Zoning Terminology

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School Impact Fees and Development Regulations: Another Round

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Quasi-Judicial Zoning Decisions and Property Values: Whose Opinion Counts?

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Local government assistance for a real estate development project—without making a grant

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When Can a Biased Elected Official Participate in a Zoning Decision?

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Can We Consider Ownership in a Zoning Decision?

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Can We Continue this Zoning Hearing?

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Who is an owner “of record” to be served with complaints and orders under NC minimum housing codes?

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Can Time Limits be Imposed on Speakers at a Zoning Hearing?

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Can a Group Home be Zoned Out of the Neighborhood?

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Land Use Regulation of Internet Sweepstakes Cafes

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Zoning Ordinance Amendments and Plan Consistency Statements

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Targeting Troubled Neighborhoods for Housing Code Inspections

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Does the County Have to Comply with City Zoning?

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Can I Be Heard? Who Gets to Speak at a Hearing on a Quasi-judicial Matter?

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Building Occupancy and Turning on the Juice

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Tolling Ends, But Permit Extension Law Leaves Many Approvals in Place

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Ensuring Local Policy Complies with New Residential Inspections Law

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Preoccupied with Occupancy Certificates: Part I

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Can We Prohibit Offensive Signs?

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Signs of the Times: The Regulation of Political Signs

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Amending an Approved Project

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Minimum Housing: A Way Around Residential Inspection Limits?

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What If a Proposed Rezoning Is Inconsistent With Our Plan?

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Local Governments and the Special Status of Bona Fide Farms

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Is the Mayor Doing Her Job or Improperly Receiving Evidence?

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Rezoning Conditions Done Right

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Nuisance Abatement and Local Governments: What a Mess

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Can We Add a Condition to this Rezoning?

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Land Subdivision Ordinances: The Regulatory Exceptions

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This Letter Deserves More Attention

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Subdivision Ordinances: What’s Regulated, What’s Not

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Can a City Really Zone Land Outside the City?

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Outdoor Advertising: Winning the Preemption Game

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Is This Spot Legal?

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Zoning and Satellite Annexations

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Is this letter worth the paper it’s printed on?

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

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But I Already Bought the Lot and Had the Plans Made

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Zoning Variances: Is It Better to Ask for Forgiveness than Permission?

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Club-A-Gone-Gone?

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A Primer on Inclusionary Zoning

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Hardship, Reasonable Use of Land, and Zoning Variances

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If We Can’t Collect a Fee, Can We Just Say No? Use of Impact Fees and Adequate Public Facility Regulatory Requirements

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Yer Cheat’n Heart, Tattoos, the First Amendment, and Preemption

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How Much is Too Much for That Application Fee?

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A Shot across the Bow of the Zoning Ship?

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(Electronic) Notice of Subdivision Construction Development Fees Revisited

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Zoning Religious Land Uses

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Extending Permit Extension

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Can the Town Require This Religious Use to Get a Special Use Permit?

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Local Historic Preservation Districts and Landmarks: Three Frequently Asked Questions

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A Topless Bar in Our Fair Town?

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Zoning and North Carolina’s Fair Housing Act

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Does Zoning Have to Provide a Place for Everything?

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Campaign Signs and Local Land-Use Ordinances

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Singled Out. A Problem in Enforcement?

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Can We Hit the Pause Button on Development Approvals?

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

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Repairing unfit houses—and then recouping the costs

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Fixing an Error on a Zoning Map

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Administrative Decisions by the Planning and Zoning Staff: Who is in the Loop?

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Wireless Telecommunications Facilities: Can North Carolina Communities Avoid Shot-Clock Violations?

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Placing conditions on a conditional or special use permit approval.

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Do We Have to Hold Another Hearing on this Zoning Case?

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Are Adequate-Public-Facility Ordinances Adequate?

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Wouldn’t It Be Nice? Agreements on Large-Scale Development

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Just Say No: The Denial of a Rezoning Petition

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Can the Opinions of Neighbors be Considered in a Zoning Hearing?

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Cyber-Sweepstakes Anyone?

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What needs to be in the notice of a zoning hearing?

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New Electronic Notice of Imposition or Increase in Fees Applicable to Construction of Development: Part I

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The Land Development Permit Extension Legislation: Some Applications and Examples

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New Life for Old Development Approvals

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Local Police-Power Ordinances: Whatever Has Happened to Them?