Cary Zoning Attorney

Find the right Zoning Planning & Land Use attorney in Cary, NC

Zoning Planning & Land Use Law in North Carolina

In Cary, North Carolina, there are laws which determine what can and can't be done on given parcels of land. These laws get pretty involved sometimes, and aren't always extremely accessible to laypersons. This article should serve as a good overview of these laws.

"Zoning" refers to a set of laws and regulations which state what use can be made of land in different parts of a city or county. Typically, localities are divided up into "zones," which are designated for particular categories of use, such as single-family residence, business, manufacturing, etc.

There are a lot of rationales and purposes for zoning laws. In general, they're based in common sense: chemical plants shouldn't be created next to daycare centers, pig farms should not be created in the middle of a residential neighborhood, and other simple principles similar to that. Zoning laws, by keeping conflicting land uses separate, make life easier for all parties, ensuring that property values will be preserved, and that necessary industries can be conducted where they will not bother anyone.

Zoning also serves the interests of industry, as well as residents. By ensuring that there are places where heavy industry can take place, well-planned zoning regulations will ensure that industrialists are free to practice their trade, and that residents will not be disturbed by those activities, which makes industry more proficient by helping it avoid costly nuisance lawsuits.

Possible Outcomes of Boundary and Title Disputes in Cary, North Carolina

If something on your property is in violation of a Cary, North Carolina zoning law, the landowner has many options.

The most apparent solution is to correct the problem, so your property is no longer in violation of local zoning laws. If the violation is minor, and correcting it would not be very costly, this is likely the best way to go.

Of course, simply fixing a zoning violation isn't always modest or easy, and may interfere with your planned use of your property. For example, you might have just undertaken a considerable remodeling of your home, and later found out that some small part of it technically doesn't conform to Cary, North Carolina's zoning laws. If this happens to you, you can apply to your local zoning board for what's known as a "variance." This is simply a decree by the zoning board that the particular rule your property violates no longer applies. The Supreme Court has held that local zoning boards have to grant variances when the violation is extremely minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.

Additionally, if you have been living on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your current use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.

What Can A Cary, North Carolina Attorney Do?

If you want to make improvements to your property, apply for a variance, or contest a zoning regulation as being applied to you retroactively, you have a right to do so, including some constitutional protections. However, your chances of prevailing in a zoning disagreement will be markedly improved if you hire an accomplished Cary, North Carolina real estate attorney to help.

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Life in Cary

Cary, North Carolina, is situated in Wake County and Chatham County. The city is the second largest in Wake County with a population of 143,000 people. It is an important suburb of the city of Raleigh and belongs to the region known as "the Triangle" area. Cary is also less than 20 minutes from major universities like University of North Carolina and Duke. Over two-thirds of Cary adult residents have college degrees.

The city of Cary, North Carolina is known as the "Technology Town of North Carolina" due to its proximity to Research Triangle Park. The Research Triangle hosts research and development facilities for over 150 high-tech organizations, and is the worksite for over 39,000 employees. Also, Cary's government has made considerable efforts at increasing the quality and availability of technology in the city.

In addition, Cary's government maintains an aesthetically pleasing and artistic feel to the city. Popular destinations include William B. Umstead State Park, the Page-Walker Hotel, and the USA Baseball National Training Complex. Many events and festivals are held in Cary, North Carolina, such as the Spring Daze Arts Crafts Festival and the NC Eid Festival.

Lawyers in Cary, North Carolina practice law in many different fields and cover a variety of legal matters. Experienced attorneys in Cary are familiar with the unique laws of the city. They provide legal advice, guidance, and representation in situations where the presence of an attorney is needed.

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