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Rezoning Conditions Done Right

July 13, 2011

A developer proposes rezoning a parcel from a low density residential zone to a commercial zoning district. The neighbors would be satisfied with some of the uses allowed in the more intensive district, but are wary about others. The staff … Read more

New Municipal Broadband Limitations

July 8, 2011

One of the more controversial “local government” issues addressed by the North Carolina General Assembly this year is the proper role of municipal governments in providing cable and Internet services. This issue is not new. Several bills relating to municipal … Read more

Small Towns and the FMLA

July 5, 2011

Does Anytown, N.C.—a town with fewer than 50 employees—owe to its employees the leave rights set out in the federal Family and Medical Leave Act (FMLA)?  The answer is No, I think, but it takes a little explaining to get … Read more

The Revenue-Neutral Tax Rate

June 30, 2011

The revenue-neutral tax rate is a bundle of contradictions.  It is intended to make the property tax reappraisal and rate-setting process more transparent, but instead it often muddies the waters.  The rate is required to be calculated and published by … Read more

Mowing the Grassy Strip

June 20, 2011

A recent discussion among local government attorneys concerned whether a city may adopt an ordinance that requires abutting property owners to mow or otherwise maintain the grassy strip that often lies between a public sidewalk and the curb.  The discussion … Read more

Nuisance Abatement and Local Governments: What a Mess

June 16, 2011

UPDATE September 2013:  Click here for the 2013 sequel to this blog. What is a public nuisance? A public nuisance is a condition or activity involving real property that amounts to an unreasonable interference with the health, safety, morals, or … Read more

Can We Add a Condition to this Rezoning?

June 14, 2011

A developer needs a rezoning to increase permissible densities on a tract in order build a project that may well be good for the community. The neighbors have legitimate concerns about the impact this more intensive development would have on … Read more

The N.C. Constitution’s Uniformity Clause

June 9, 2011

Given the dire economic news of late, it’s no surprise that the General Assembly and local governments are trying to get creative with local property taxes.  Consider the suggestion from one county to levy a more progressive property tax, with … Read more

Provisional Voting in North Carolina

June 7, 2011

UPDATE February 2017: In 2013 the North Carolina General Assembly enacted legislation requiring voters to show photo ID at the polls and providing for provisional voting by voters who failed to do so.  In July 2016 the federal Fourth Circuit … Read more

Land Subdivision Ordinances: The Regulatory Exceptions

May 31, 2011

Last month my blog concerned the way the term “subdivision” is defined in the North Carolina General Statutes for purposes of city and county land subdivision regulation. This month’s blog is a follow-up and concerns the four exceptions to the … Read more

Tax Collection in Special Tax Districts

May 26, 2011

When local governments wish to fund additional services for portions of their jurisdictions beyond those provided elsewhere, they can turn to special tax districts to raise the needed revenue.  My finance expert colleague Kara Millonzi recently offered two excellent posts … Read more