Land Use And Zoning: What You Need To Know

At the law firm of Lynch & Eatman, L.L.P., our Raleigh land use and zoning attorneys assist clients in The Triangle and throughout North Carolina with land use matters, providing advice, representation and guidance to developers, landowners, homeowners, tenants and other clients. Our firm is committed to providing clients with the comprehensive legal services they need, whether you are a homeowner seeking a variance for a minor project or a developer needing to plan, permit, build and operate a complex commercial development.

Land Use And Zoning In North Carolina: The Basics

Land use regulations, including zoning laws, are enacted and enforced by local governments to promote and protect the public and environmental welfare, community aesthetics, and the best use of property. In many North Carolina towns, cities and counties, these regulations are adopted and incorporated as part of a unified development ordinance that includes a zoning map, a table of permitted land uses within each zoning district, building standards such as setbacks, height limitations and buffer requirements, stormwater and environmental regulations, and much more.  

Whether you are a developer, investor, business owner or operator, it is essential to understand the applicable land use and zoning laws when considering whether to purchase or lease property. We can help you navigate this process, from determining how land use regulations affect your intended use of the property and addressing those matters in your purchase contract or lease to helping you obtain any necessary rezoning, special use permits, or other approvals and entitlements.   

What Are Some Common Zoning Restrictions?

They can include:

• Residential zoning: These areas are designated for homes and may include restrictions on the types of residences allowed, such as single-family homes, duplexes or apartments.
• Commercial zoning: Commercial zones are meant for businesses and commercial activities. Restrictions might limit the types of companies that can operate. Or they can limit the time at which a business can operate.
• Industrial zoning: These include areas set aside for factories and warehouses. Restrictions often focus on reducing noise, pollution and other impacts on nearby residential areas.
• Agricultural zoning: Land designated for farming activities. These zones might limit nonfarming activities to preserve agricultural land.
• Mixed-use zoning combines residential, commercial and sometimes industrial uses in one area. Restrictions can vary widely in these zones.
• Height and size restrictions: These rules limit the height of buildings and the space they can occupy on a lot.
• Setback requirements: These rules dictate how far a building must be from the property line, roads or other structures.

Understanding zoning restrictions and requirements can help you be informed and make educated decisions.

Can Zoning Laws Change Over Time?

Yes, zoning laws can change over time. Local governments periodically review and update zoning regulations to reflect changes in community needs. These can often include:

• Population growth
• Economic development
• Environmental considerations

Public input is often sought during these updates, allowing residents to voice their opinions on proposed changes.

What Is A Variance?

At Lynch & Eatman, L.L.P., variances are one of our most frequently handled land use matters. A variance generally refers to an approved deviation from a land use regulation that imposes an unnecessary hardship on the property owner. In most municipalities, variance requests are presented to the Board of Adjustment in a quasi-judicial public hearing. Drafting persuasive responses in your variance application and presenting sufficient evidence at the public hearing are key factors for increasing the chances that your variance request will be approved. 

What Are The Steps For Obtaining A Zoning Variance?

A zoning variance allows a property owner to use their land in a way that doesn’t fully comply with the current zoning laws. To obtain a variance, follow these steps:

1. Understand the need for a variance: Identify the specific zoning regulation you need relief from and why.
2. Consult the local zoning office: Discuss your situation with the local zoning or planning department to understand the variance process and requirements.
3. Prepare your application: Gather necessary documents, including a detailed explanation of why the variance is needed and how it will not negatively impact the community.
4. Apply: File your application with the zoning board or relevant authority.
5. Attend a public hearing: Most variance requests require a public hearing. Be ready to present your case and answer questions from the board and the public.
6. Board decision: The zoning board will decide based on the merits of your request and its alignment with community interests.
7. Compliance with conditions: If granted, you may need to comply with specific conditions set by the board to minimize any potential impact on the community.

Obtaining a zoning variance can be complex. We can utilize our knowledge and experience to help you navigate the rules and regulations that govern local zoning.

Helping Clients Get Results

The experienced land use lawyers at our firm have represented clients before a wide range of city and county zoning boards as well as other regulatory agencies and authorities. Our attorneys are experienced in handling many types of land use and zoning issues, including, but not limited to, the following:

• General and conditional use rezonings
• Variances
• Special use permits
• Conditional use permits
• Stormwater permits
• Zoning compliance matters

Our firm has built a particularly strong track record representing retail and mixed-use project developers. In addition, we have represented the wireless communications industry since its beginnings in North Carolina. Our lawyers have been involved in the permitting of more than 1,000 tower sites and have participated in more than 500 special/conditional use permit hearings on behalf of wireless communications companies.

Act Now; Call Today

At Lynch & Eatman, L.L.P., we welcome inquiries about land use and zoning issues in North Carolina from both existing clients and prospective new clients. To schedule a meeting with one of our experienced real estate attorneys, please call us at 919-944-4655 or email us.