we fight to win.
Land Use & Zoning
Whether you are a property owner, investor, or developer, understanding land use regulations and zoning laws is crucial to ensuring compliance and maximizing the potential of your property. At Arnold & Smith, PLLC we can navigate the complexities of land use and development to assist you every step of the way.
What is Land Use?Land use refers to how land is utilized, managed, and developed for various purposes. It encompasses many residential, commercial, industrial, agricultural, and recreational activities. Understanding land use regulations helps ensure that land is utilized in a manner that is safe, efficient, and sustainable.
The Importance of ZoningZoning is a system of land use regulation that divides areas into specific zones, each with its designated permitted uses and restrictions. Zoning ordinances aim to maintain order, protect property values, promote public health and safety, and preserve the character of different neighborhoods or areas. Adhering to zoning laws can avoid legal issues and conflicts with local authorities.
Key Zoning Concepts- Zoning Districts: Zoning ordinances are laws that divide areas into specific districts based on their intended use, such as residential, commercial, or industrial. Each district has its own set of regulations that dictate what activities and structures are allowed.
- Setbacks: To ensure safety, privacy, and proper land use, setbacks dictate the minimum distance that buildings or structures must be placed away from property lines or other designated areas such as roads or rivers.
- Density and Floor Area Ratio: Zoning regulations often specify the maximum density (number of units per acre) and floor area ratio (ratio of building size to lot size) for different zones, influencing the intensity of development in an area.
- Conditional Use Permits and Variances: A property owner may sometimes seek a conditional use permit or a variance to deviate from the standard zoning regulations. These are exceptions granted based on specific conditions or hardships.
- Feasibility Study: Before embarking on a development project, it is essential to conduct a feasibility study to assess the suitability and viability of the proposed land use and development plan.
- Planning and Design: This stage involves creating a comprehensive site plan, considering building layout, infrastructure requirements, environmental impact, and compliance with zoning regulations.
- Permitting and Approvals: Obtaining the necessary permits and approvals from local authorities is crucial. This may include zoning permits, environmental impact assessments, and building permits.
- Construction and Inspections: Once the necessary approvals are obtained, construction can commence following the approved plans. Periodic inspections by authorities ensure compliance with safety and building codes.
- Post-Construction: After completion, the property may require additional permits or certifications, such as occupancy permits, to ensure compliance with all regulations.
Understanding land use, zoning, and development is vital for any property owner, investor, or developer. Arnold & Smith, PLLC can help by navigating the complexities of land use, zoning, and development, which can be challenging. Our team of attorneys will guide you through the process, ensuring compliance with zoning regulations, facilitating permit applications, and protecting your interests. We can help minimize legal risks, maximize property value, and achieve your development goals. Contact Arnold & Smith, PLLC today to discuss your specific needs, and let us help you achieve your goals.
- 10 Most Common Land Zoning Designations in Mecklenburg County
- Can I Sue for Inverse Condemnation for a Water Main Break?
- Can the Government Take My Land to Fix 'Blight?'
- Downtown Salisbury, Inc. Eyes Historic Hotel
- Explaining Burden Shifting When Seeking a Special/Conditional Use Permit
- FAQs About North Carolina Eminent Domain and Condemnation Proceedings
- Fracking Company Targets Tribal Lands in NC
- Just Compensation in Eminent Domain Proceedings: A Closer Look
- More Details on Seeking North Carolina Zoning Variances
- Multi-Phase Old Monroe/East St. John Project Underway
- NCDOT Moves Forward With I-95 Expansion Project
- North Carolina Eminent Domain Laws
- North Carolina Eminent Domain: What About Renters?
- North Carolina Inverse Condemnations: Recovering Property Taxes and Interest
- North Carolina Land Condemnation: What if There is a Mortgage?
- Receiving Just Compensation for North Carolina Temporary Takings
- What is Inverse Condemnation?
- What is the Process of Quick-Take Property Condemnations in North Carolina?
- You Have Rights When Government or Some Private Party Takes Your Land
- What to Expect When Rezoning Property in North Carolina
- A Brief History of Zoning Laws in North Carolina
- Can an Eminent Domain Taking Be Overturned Because of Racism?
- Can I Challenge the Taking of My Land by a Gas Utility on the Basis of “Public Use”
- Can I Recover Attorneys' Fees If the Federal Government Takes My Land
- Can the Federal Government Take My North Carolina Land?
- Effect of Existing Laws / Regulations on Claims of Inverse Condemnation and Regulatory Takings
- How Definitions Matter in North Carolina Zoning Litigation: “Agritourism” Example
- If the Government Takes My Land, Can I Obtain Relocation Assistance?
- Inverse Condemnation: Should I Sue in Federal Court or North Carolina State Court?
- North Carolina Conditional Use Zoning Explained
- Should I Talk to the Right of Way Agent If My Land Is Going to Be Taken Through Eminent Domain?
- What Is Illegal “Spot Zoning” in North Carolina?
- When Do Grandfathered Nonconforming Land Uses Terminate?
- Who Can Sue to Challenge Granting of a Use Permit?
- What is the Difference Between an Inverse Condemnation and a Regulatory Taking in North Carolina?
- Unconstitutional Vagueness in Land Use/Zoning Ordinances and Why it Matters?
- Types of Eminent Domain Takings in North Carolina
- Regulatory Takings Under Federal Law: SCOTUS Cedar Point Nursery Decision
- North Carolina Land Use: What is the Public Trust Doctrine and Why Does it Matters for Beach-Front Property
- North Carolina Land Use: Requirement of Unbiased and Impartial Decision Makers
- North Carolina Land Rights: What is an Easement?
- North Carolina Grandfathered Zoning Nonconforming Uses
- North Carolina Eminent Domain: What is Highest and Best Use and Why Does it Matter?
- New Hanover County Denies Rezoning Request: Can the Developer Appeal and Win?
- NC Court of Appeals Provides Another Illustration of What is NOT
- Family Farms in North Carolina: Estate Planning and Business Succession Planning
- Eminent Domain: Do I Have to Pay Taxes if My Land is Taken?
- Eminent Domain: Can I Get Paid if the Government
- Can the Government Use Eminent Domain to Take My Condo? What About the Common Elements?
- Can the Government Take My Water Rights Via Eminent Domain?
- Can Equal Protection Violations be Used to Challenge Land Use Decisions?
- Can I Challenge the Taking of My Private Land Because They are Taking More Than Necessary?
- How is 'Just Compensation' Determined When the Federal Government Takes Private Land
- How North Carolina Courts Resolve Zoning/Land Use Appeals: Currituck County Campground Example
- Hurdles to Enforcing Vested Property Rights Based on Site Plan and Conditional Use Permit Approvals
- North Carolina Business Condemnations: What You Should Know
- North Carolina Inverse Condemnation: Must You Prove 'Public Use'?
- North Carolina Zoning Laws: What is 'Arbitrary and Capricious?'
- What are North Carolina Vested Land Rights?
- What is a North Carolina 'Quick Take' Condemnation?
- Are Accessory Dwelling Units Allowed in North Carolina?
- Can an Issued Land Use Permit be Revoked for 'Lack of Progress?'
- Can the Government Take My Personal Property for Public Use Without Paying Me Compensation?
- Eminent Domain: Can the Federal Government Take Land Owned by North Carolina?
- More on Nonconforming Land Uses: What is an Expansion of Use?
- North Carolina Eminent Domain Takings: What Happens if I Litigate 'Just Compensation' and the Court Says the Government Overpaid?
- What is Infill Zoning?
- Who Enforces Zoning Law Compliance?
- Battling a Proposed Development? it is a Legal Fight, Not a Political Fight
- Can I Recover My Land Taken by Eminent Domain if the Public Project is Canceled?
- Can North Carolina Municipalities Charge Impact Fees in Agreements Signed With Developers?
- Can the Government Delegate Its Power of Eminent Domain to Private Parties?
- Eminent Domain: Can the Government Reduce the ''Just Compensation'' Deposited With the Court?
- What is the Purpose of Zoning?
- The Many Methods of Legally Challenging Eminent Domain in North Carolina
- Stages of a Government Taking of Private Land in North Carolina
- Keys to Winning a North Carolina Conditional Use Permit Fight
- North Carolina Land Condemnation: Who Can Condemn My Land?
- What is a Per Se Taking of Private Property by the Government?
- What is a North Carolina Chapter 136 Eminent Domain Taking?
- Using 'Rational Basis' Test, Federal Court Holds That Requiring a Homeless Shelter to Obtain a CUP Violates Equal Protection
- Using Eminent Domain in North Carolina to Build a Parking Lot
- The Difference Between the Government Taking of Private Property and Exercising
- What is the Process for North Carolina Private Party Condemnations?
- North Carolina Land Use: What is a Prescriptive Easement?
- Recovering Attorneys' Fees in Land Use/Condemnation Cases
- Some Statutory Basics for Development Agreements With North Carolina Municipalities
- What is “Condemnation Blight”? Can I Recover for it if the Government Takes My Land?