Associate Attorney
As a property owner in North Carolina, zoning and land use rules govern what you can and cannot do with your property. Here’s what you need to know about your rights and obligations.
Understanding Zoning in North Carolina
Zoning laws determine what types of uses a property owner may use its parcel for. They also ensure a community has cohesive neighborhoods, such as types of streets, and determinations for which areas have residences, businesses, industry, or open space. Zoning laws are helpful in ensuring that communities manage their growth and development in a scalable and efficient manner.
Under zoning codes, each parcel will receive a classification that determines what uses a property owner may undertake on their property as of right or with permission from local authorities. If a zoning classification does not permit a particular use, a property owner may not undertake that use on their parcel.
Common types of zoning classifications include:
- Residential: Residential zoning classifications include single-family, multi-family, and high-density (condo/apartment building) zones.
- Commercial: Commercial uses under zoning codes include retail and office space.
- Industrial: Industrial zoning includes manufacturing, warehousing, or light industrial activities like auto/body shops.
- Agricultural: Agricultural classifications allow the use of property for farms, ranches, stables, or fisheries.
- Mixed-use: Mixed-use zoning classifications allow properties to combine different uses, such as buildings with commercial and residential space under one roof.
- Open space: Open space zoning classifications allow the use of property for recreational or conservation purposes.
How Do Authorities Establish Zoning Regulations?
In North Carolina, municipalities and counties primarily oversee the development of zoning rules. Most localities have zoning boards that develop comprehensive zoning maps for the municipality or county. Zoning maps determine which classification applies to each parcel in the jurisdiction. Local governing boards then adopt proposed zoning classifications via local ordinances. Zoning boards and local governing authorities will also hear property owner petitions for variances from zoning codes, which allow property owners to use their parcels in alternative ways that may not be permitted under the applicable zoning classifications.
Land Use Rules and Development Regulations
Land use rules work in concert with zoning laws to further regulate how property owners may use their parcels. In addition to outlining permitted uses, land use rules may also identify conditional uses or uses that a property owner may undertake if they meet specific conditions. Land use rules can also regulate the construction of structures on parcels, including setting rules for building heights, setbacks from property lines, and spacing between structures.
Land use rules may also address other environmental considerations for properties, including water usage, stormwater management, extraction of timber or minerals, and protection of wetlands or wildlife.
Challenging or Changing Zoning Laws
Municipalities have legal processes by which property owners can apply for rezoning of their properties. However, municipalities usually grant rezoning sparingly, usually only in cases where the character of a neighborhood has changed over time, and changing the zoning classification would update the laws to reflect the neighborhood’s current use.
Property owners may also challenge zoning and land use laws by applying for variances or special use permits, which grant relief from the zoning code’s restrictions on uses, required conditions for a conditional use, or height/setback/parking requirements. However, local authorities can deny petitions for variances if they determine that a property owner has not demonstrated a hardship created by the zoning and land use laws or that they meet the other qualifications for variance relief. Property owners can appeal such denials through the administrative appeals process; when that fails, owners may continue to seek relief by filing litigation in court.
Consequences of Zoning Violations
Zoning violations, such as unauthorized uses of property or illegal or nonconforming structures, can expose property owners to various legal consequences. Municipalities may send owners violation notices requiring them to cease or remedy the nonconforming use. Failing to do so may result in the imposition of fines as long as the violation continues.
Contact a Land Use Attorney Today
Do you need help resolving a dispute regarding North Carolina’s zoning laws? Contact Patrick, Harper & Dixon, LLP today for an initial consultation with a land use attorney to discuss your options under the zoning laws applicable to your land.
