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BOA/Quasi-Judicial Statute Updated

June 12, 2013

Many folks have never heard of zoning board of adjustment, but this is a critically important piece of the local development regulation machinery.  Every year these boards hear and decide hundreds of appeals of the interpretation of ordinances made by … Continued

A Few Thoughts on Community Appearance and Design Controls

May 17, 2013

One of the many bills that has drawn public and media attention this spring has been House Bill 150, a bill dealing with residential “design controls.” With certain notable exceptions it generally prohibits zoning or land subdivision regulations related to … Continued

Rick’s Cafe Experiences Growing Pains

May 16, 2013

A small restaurant on the edge of town has been in operation for many years.  Rick’s Cafe Carolinian was built in the 1940’s by Vic and Ilsa Laszlo at a time when the surrounding land was only woods and fields.  … Continued

Is it a land use yet?

March 20, 2013

In some scenarios, determining land use is fairly simple.  The ordinance permits a donut shop, the owner establishes and operates a donut shop, and the land use is clear.  But land development over time is not always straightforward, and clear … Continued

Topping Off a Telecommunication Tower

March 18, 2013

Cell tower construction is a hot zoning topic.  The proliferation of connected devices has substantially increased the demand for wireless data transmission.  Everyone wants good cell reception and high quality access for their mobile devices.  But no one wants to … Continued

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

February 27, 2013

The story goes something like this:  Jones, who is something of an eccentric guy anyway, lives in a relatively good neighborhood. But his house has never really fit into the area. His house looks like a work in progress with … Continued

How Much Repair is Too Much Repair?

February 21, 2013

Hershel Greene runs a small animal hospital out on the edge of town. When the business first opened thirty years ago, he had a large billboard advertising the business installed out by the road.  Herschel had been heavily involved with … Continued

Exactions and Subdivision Approval

February 1, 2013

Can a city require sidewalks for a development? Can a county charge fees from a developer for parks?  In North Carolina, what exactions are allowed? The short answer: It depends upon the type of development approval and the underlying statutory … Continued