Smart Growth makes land-use approval more challenging than ever.

• Author: BROWN, JEFERSON W.
• Position: Brief Article

Land-use regulation is front and center in the media and government as elected officials, planners and regulators grapple with the challenges of suburban sprawl in the era of Smart Growth. That means developers, property owners and their employed service providers face an increasingly complex and costly regulatory landscape.

Zoning process

Zoning is perhaps the most recognized land-use regulation encountered by developers and property owners. Through zoning regulations, local governments divide land into districts according to present and potential uses and regulate the construction of buildings in those districts. Zoning regulations are based on the idea that certain land uses are incompatible and should be segregated, such as a heavy-industrial district and a residential area. Zoning regulations specify if the use of a particular property is permitted by right, requires a permit or is prohibited. Additional zoning regulations include parking limitations, buffers and screening between incompatible uses, limitations on height and size of buildings and restrictions on signage.

The North Carolina legislature has delegated substantial authority to local governments in zoning and land-use matters. As a result, the detail and quality of zoning ordinances and community land-use plans varies widely throughout the state. Municipalities also use a variety of procedures for establishing and amending zoning districts. An important feature of zoning approvals in North Carolina includes the filing of a protest petition in a legislative rezoning matter. If a valid protest petition is filed by qualifying adjacent property owners, state law requires a three-fourths majority vote by the local governmental body to approve the rezoning request.

Site plans and conditional-use permits

Most counties and municipalities further regulate the actual use of land and the specific design of a project through procedures referred to as "site plan approvals" and "conditional use permits." Generally, both are governed by an ordinance that specifies the criteria for approval, which almost always require that a use or design meet all technical requirements of the jurisdiction's development code, such as provisions establishing minimum setbacks and landscaping standards. In addition, a proposed development must have no adverse effect upon the value of adjoining parcels or the area in which it is to be located.

Submission of a written application and plan showing proposed...