In 2013, the General Assembly revamped the laws governing zoning boards of adjustment in North Carolina in S.L. 2013-126, entitled “An Act to Clarify and Modernize Statutes Regarding Zoning Boards of Adjustment”. The appellate case we’ll discuss today interprets the laws existing prior to that revamping, but with lasting application to the powers of a zoning administrator in the context of handling an appeal of his or her land use decision.Some BackgroundMorningstar, a full service marina, operates off Lake Gaston. Across Lake Gaston, some 145 feet across Lake Gaston, from the Morningstar marina is some land owned by East Oaks, LLC. East Oaks sought a conditional use permit to build townhouses on the property, an application it subsequently withdrew after someone (we’ll never, ever know who) determined the proposed development was permitted under the Warren County zoning laws without the need for a conditional use permit. Accordingly, the Warren County zoning administrator issued a formal determination to East Oaks, LLC regarding its townhouse use.Morningstar, however, disagreed with the formal determination, claiming that neither the proposed townhouses nor a proposed driveway were permitted under the zoning laws. Morningstar appealed the townhouse determination and asked the zoning administrator to issue a formal determination regarding the… Read full this story
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North Carolina Court of Appeals: Zoning Administrator Cannot Determine Standing to Appeal have 374 words, post on www.natlawreview.com at March 21, 2014. This is cached page on Law Breaking News. If you want remove this page, please contact us.