The town council has just voted to approve a highly controversial special use permit for a new apartment complex. Getting to this point was a long process – two lengthy hearings and a third night of debate and deliberation by … Continued

Simplicity and clarity are laudable objectives when drafting a zoning ordinance or other development regulation.  One way this is accomplished is to cross-reference other material rather than repeating it in the ordinance.  This is often referred to as “incorporation by … Continued

Betty Draper owns a single-family residence.  She rents the property to four tenants.  The zoning ordinance does not allow parking in the front yard and limits the number of cars that can be parked on the property to four vehicles. … Continued

Local governments make hundreds of decisions every day under local development regulations.  Permits are issued or denied.  Enforcement actions are initiated.  Ordinance provisions are interpreted.  Property is rezoned.  Ordinances are amended.  When a local government is considering these, does it … Continued

Consider these three scenarios regarding potential appeals to the zoning board of adjustment.  Scenario 1.  Marge Simpson has worked for decades to improve her neighborhood.  Several years ago the town adopted a new plan that called for the neighborhood to … Continued

You know the old Jones house down on 4th Street in the town’s historic district, don’t you? Well, it’s a real shame that it is in such bad shape. I remember when that house was right at the center of … Continued

The city will soon be making a major land use regulatory decision.  There is a 15-acre site in town that is mostly vacant, but has a few modest, outdated commercial buildings.  The site fronts a major street, so more intensive … Continued

Imagine a balmy autumn evening. You and your family or friends have plans to go out for dinner. The restaurant that you have in mind offers you the chance to grab a table outdoors on the sidewalk. Have you ever … Continued

Hector Peabody is fuming.  Several months ago one of his neighbors called town hall and complained that he was running an illegal kennel in his backyard.  Sure, he raised plot hounds, kept them in a pen out back and the … Continued

In 2015 the General Assembly abolished the supermajority requirement for adopting zoning map amendments if a protest petition had been filed. S.L. 2015-160 created G.S. 160D-603 as an alternative to the protest petition. It allows written protests to be filed … Continued