Asheville Zoning Attorney

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

Zoning Planning & Land Use Law in North Carolina

In Asheville, 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 very 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. Generally, localities are divided up into "zones," which are designated for certain 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 built next to daycare centers, pig farms should not be built 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 efficient by helping it avoid costly nuisance lawsuits.

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

If a condition on your property violates the local zoning laws of Asheville, North Carolina, there are a few different solutions.

First of all, and most simply, the owner could just fix the violation. If the violation isn't very significant, and fixing it wouldn't cost very much, this is probably the best and easiest option.

Of course, simply fixing a zoning violation isn't always affordable or easy, and may interfere with your planned use of your property. For example, you might have just undertaken a significant remodeling of your home, and later found out that some small part of it technically doesn't conform to Asheville, 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 very minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.

Also, if the zoning laws covering your property have changed, and some aspect of it is now violating the new rules, these changes can generally not be enforced against you, because it would be unfair to apply a new law retroactively.

What Can A Asheville, 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 dispute will be markedly improved if you hire an experienced Asheville, North Carolina real estate attorney to help.

Talk to a Real Estate Law Attorney now!

Life in Asheville

Asheville is located in Buncombe County, North Carolina. It is the eleventh largest city in North Carolina, with a population of around 83,393 people.

Some fun sites to visit while in Asheville include the Biltmore Estate, Blue Ridge Parkway, the Botanical Gardens at Asheville, Grove Park Inn, the North Carolina Arboretum, the Smith-McDowell House, Sliding Rock, Bent Creek, McCormick Field, and the Thomas Wolfe Memorial State Historic Site.

Some famous residents (past and present) include Brad Daugherty, Harry Anderson, David Holt, Paul Schneider, Brett Swain, Robert Pressley, Rashad McCants, and Andie MacDowell.

Top employers include the health care system, the school district, Volvo Construction Equipment, Wal-Mart, Ingles, Thermo Fisher Scientific, and Arvato Digital Services. Although no law firms are listed, Asheville is home to many practicing attorneys who aid residents with all their legal matters.

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