§ 160D-101 Application
§ 160D-102 Definitions
§ 160D-103 Unified development ordinance
§ 160D-104 Development approvals run with the land
§ 160D-105 Maps
§ 160D-106 Refund of illegal fees
§ 160D-107 Moratoria
§ 160D-108 Permit choice and vested rights
§ 160D-108.1 Vested rights – site-specific vesting plans.
§ 160D-109 Conflicts of interest
§ 160D-110 Chapter construction
§ 160D-111 Effect on prior laws

Terms Used In North Carolina General Statutes > Chapter 160D > Article 1

  • Administrative decision: Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this Chapter or local government development regulations. See North Carolina General Statutes 160D-102
  • Administrative hearing: A proceeding to gather facts needed to make an administrative decision. See North Carolina General Statutes 160D-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Bona fide farm purposes: Agricultural activities as set forth in G. See North Carolina General Statutes 160D-102
  • Charter: As defined in G. See North Carolina General Statutes 160D-102
  • City: As defined in G. See North Carolina General Statutes 160D-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Comprehensive plan: A comprehensive plan that has been officially adopted by the governing board pursuant to G. See North Carolina General Statutes 160D-102
  • Conditional zoning: A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment. See North Carolina General Statutes 160D-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County: Any one of the counties listed in G. See North Carolina General Statutes 160D-102
  • Determination: A written, final, and binding order, requirement, or determination regarding an administrative decision. See North Carolina General Statutes 160D-102
  • Developer: A person, including a governmental agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property. See North Carolina General Statutes 160D-102
  • Development: Any of the following:

    a. See North Carolina General Statutes 160D-102

  • Development approval: An administrative or quasi-judicial approval made pursuant to this Chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. See North Carolina General Statutes 160D-102
  • Development regulation: A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement, or any other regulation adopted pursuant to this Chapter, or a local act or charter that regulates land use or development. See North Carolina General Statutes 160D-102
  • Dwelling: Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. See North Carolina General Statutes 160D-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Evidentiary hearing: A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by a development regulation adopted under this Chapter. See North Carolina General Statutes 160D-102
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Governing board: The city council or board of county commissioners. See North Carolina General Statutes 160D-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Landowner or owner: The holder of the title in fee simple. See North Carolina General Statutes 160D-102
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative decision: The adoption, amendment, or repeal of a regulation under this Chapter or an applicable local act. See North Carolina General Statutes 160D-102
  • Legislative hearing: A hearing to solicit public comment on a proposed legislative decision. See North Carolina General Statutes 160D-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local act: As defined in G. See North Carolina General Statutes 160D-102
  • Local government: A city or county. See North Carolina General Statutes 160D-102
  • Manufactured home or mobile home: A structure as defined in G. See North Carolina General Statutes 160D-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: An individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, the State of North Carolina and its agencies and political subdivisions, or other legal entity. See North Carolina General Statutes 160D-102
  • Planning and development regulation jurisdiction: The geographic area defined in Part 2 of this Chapter within which a city or county may undertake planning and apply the development regulations authorized by this Chapter. See North Carolina General Statutes 160D-102
  • Planning board: Any board or commission established pursuant to G. See North Carolina General Statutes 160D-102
  • Property: All real property subject to land-use regulation by a local government. See North Carolina General Statutes 160D-102
  • Quasi-judicial decision: A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. See North Carolina General Statutes 160D-102
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Site plan: A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. See North Carolina General Statutes 160D-102
  • Special use permit: A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. See North Carolina General Statutes 160D-102
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Statute: A law passed by a legislature.
  • Subdivision: The division of land for the purpose of sale or development as specified in G. See North Carolina General Statutes 160D-102
  • Subdivision regulation: A subdivision regulation authorized by Article 8 of this Chapter. See North Carolina General Statutes 160D-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Zoning map amendment or rezoning: An amendment to a zoning regulation for the purpose of changing the zoning district that is applied to a specified property or properties. See North Carolina General Statutes 160D-102
  • Zoning regulation: A zoning regulation authorized by Article 7 of this Chapter. See North Carolina General Statutes 160D-102