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Police Power
The states inherent authority to create and adopt regulations necessary to protect the public health, safety, and general welfare of the citizenry.
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Master Plan
- 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
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Zoning Ordinances
- 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.
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Enabling Act
Allow the power to enact laws authorized by the state's police power to be passed down to municipalities and other local governing authorities.
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Buffer Zones
Separate and screen residential areas from nonresidential areas (ex. landscaped parks and playgrounds)
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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.
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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.
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Zoning classifications
Commercial, industrial, residential, agricultural, and extra-territorial jurisdictions
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Nonconforming Use
- 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.
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Illegal nonconforming use
Can be stopped regardless of how long the property has been in place. Creating one is a misdemeanor.
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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).
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Variances
Permit prohibited land uses to avoid undue hardship.
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Overlay districts
a type of zoning that is superimposed over another type of zoning. (ex. flood zone over residential, historic preservation, aesthetic zoning)
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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)
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Spot Zoning
- 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
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Subdivision Regulations
- 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.
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Subdivision process (3 steps)
- 1. The initial planning stage.
- 2. The final planning stage.
- 3. The disposition, or start-up.
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Building Codes
requirements as to construction standards, and the primary purpose is safety. Minimum construction standards.
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Building Permit
allows officials to verify compliance with building codes and zoning ordinances.
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Certificate of Occupancy (CO)
Issued by the building inspector once the completed structure has been inspected and found satisfactory.
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Restrictive Covenant (Protective Covenant)
Enforceable conditions that restrict the manner in which an owner may use his/her property.
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