Chapter 6 Land-use Controls
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The states inherent authority to create and adopt regulations necessary to protect the public health, safety, and general welfare of the citizenry.
- Provides for:
- Land use, including standards of population density and economic development
- Public facilities, including schools, civic centers, and utilities
- Circulation, including public transportation and highways
- Conservation of energy and natural resources
- Noise abatement
- Laws imposed by local government authorities that regulate and control the use of land and structures within designated districts or zones.
- Zoning ordinances cannot be static; they must remain flexible to meet the changing needs of society.
Allow the power to enact laws authorized by the state's police power to be passed down to municipalities and other local governing authorities.
Separate and screen residential areas from nonresidential areas (ex. landscaped parks and playgrounds)
Extra-territorial jurisdictions (ETJs)
A municipality's right to regulate development in areas adjacent to but not part of the city's corporate limits. Population determines if the power extends to 1 to 3 miles from the corporate limits.
Validity of a Zoning Ordinance
Must be exercised in a reasonable manner, clear and specific, nondiscriminatory, and applicable to all property in a similar manner.
Commercial, industrial, residential, agricultural, and extra-territorial jurisdictions
- An existing use of property that is permitted to continue after a zoning ordinance prohibiting it has been established for the area; a grandfathered use.
- Nonconforming use property can only be maintained, not improved nor enlarged.
Illegal nonconforming use
Can be stopped regardless of how long the property has been in place. Creating one is a misdemeanor.
Conditional-use permit (Special-use permit)
Granted to a property owner who wishes to use property in a special way that is in the public interest (church or hospital in a residential district).
Permit prohibited land uses to avoid undue hardship.
a type of zoning that is superimposed over another type of zoning. (ex. flood zone over residential, historic preservation, aesthetic zoning)
In NC, an area can be zoned strictly for aesthetic or appearance considerations. (ex. exterior surfaces of structures being restricted to a particular color palette or construction material)
- Rezoning a property to permit a use different from the neighboring properties' use.
- Factors that determine legality in NC:
- 1. Size of rezoned area
- 2. Degree of compatibility
- 3. Impact of the rezoning on others
- 4. Degree of difference
- 1. Land is divided into two or more lots
- 2. Cities and counties implement subdivision regulations.
- 3. Planning boards have administrative responsibilities.
- 4. Subdividing must have preliminary plat approval before selling lots.
- 5. Final plat must be recorded prior to closing.
- 6. Subdivision must comply with street disclosure laws.
- 7. Protective covenants are enforceable.
Subdivision process (3 steps)
- 1. The initial planning stage.
- 2. The final planning stage.
- 3. The disposition, or start-up.
requirements as to construction standards, and the primary purpose is safety. Minimum construction standards.
allows officials to verify compliance with building codes and zoning ordinances.
Certificate of Occupancy (CO)
Issued by the building inspector once the completed structure has been inspected and found satisfactory.
Restrictive Covenant (Protective Covenant)
Enforceable conditions that restrict the manner in which an owner may use his/her property.
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