USA – NORTH CAROLINA Law and Practice Contributed by: John Livingston and Brittani Miller, Kilpatrick
4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Zoning ordinances, building codes and historic preservation laws typically apply to the design, appearance and methods of construction avail - able for new or existing buildings. 4.3 Regulatory Authorities The council or commission for the municipality or the county, as applicable, where the subject property is located are responsible for regulating the development and use of parcels within their jurisdiction, subject to N.C. Gen. Stat. §160D. These enforcement obligations are often del - egated to planning and zoning commissions and boards of adjustment or other specialised commissions. 4.4 Obtaining Entitlements to Develop a New Project The process to obtain entitlements to develop a new project begins with a developer submitting applications to the relevant municipal or county planning department for zoning approvals, vari - ances or special use permits, depending on the nature of the project. Site plans and architec - tural designs are reviewed to ensure compli - ance with zoning ordinances, building codes and other regulations. Public hearings are often part of the process, particularly for rezonings or projects requiring conditional or special use per - mits. During these hearings, third parties, such as neighbouring property owners, have the right to participate, voice objections, or provide input on the proposed development. Local govern - ing bodies then decide whether to approve or deny the application. Depending on the type of approval sought, the decision can either be leg - islative in nature or quasi-judicial, where more formal procedures are required.
4.5 Right of Appeal Against an Authority’s Decision
An applicant may appeal a relevant authority’s decision by following the appeal process out - lined by the applicable authority. For example, in Wake County, a person appealing a Zoning Board decision has 30 days to submit their appeal in writing to the Planning Director and the Land Development Administrator. Once a hear - ing before the Board of Adjustment has been set, Zoning Administration staff sends notice of the appeal and hearing to the applicant. The Board of Adjustment will consider evidence presented by the applicant and other comments submit - ted by interested parties, and then the Board of Adjustment will make its decision. Recourse can be sought from the courts where the government has taken action contrary to applicable law. 4.6 Agreements With Local or Governmental Authorities It is possible to enter into agreements with local or governmental authorities and utility suppli - ers to facilitate a development project. There are statutory development agreements as dis - cussed in 2.8 Permitted Uses of Real Estate Under Zoning or Planning Law ; other agree - ments with governmental entities that do not meet those requirements may not vest complete rights to the developer. 4.7 Enforcement of Restrictions on Development and Designated Use Restrictions on development and designated use are enforced through local zoning ordi - nances, building codes and permitting process - es. Enforcement begins with the requirement to obtain necessary permits, such as zoning permits, building permits and certificates of occupancy, which confirm that proposed devel - opment adheres to applicable regulations. Viola - tions, such as unauthorised land use, failure to
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