This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which has been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
North Carolina Petition by Adjoining Property Owner to Enjoin Violation of Zoning Ordinance
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FAQ
Conditional zoning is established to provide flexibility in the development of property while ensuring that a development is compatible with neighboring uses. Conditional zoning affords a degree of certainty in land use decisions not typically possible in conventional zoning.
The practice generally called "spot zoning" occurs when a municipality or county zones or re-zones a particular parcel in a manner that is in contrast with the zoning regulations that apply to the surrounding parcels.
North Carolina courts are instructed to be "flexible" when evaluating the lawfulness of spot zoning. In a seminal case, the North Carolina Supreme Court upheld a spot zoning that allowed a special zoning designation allowing a landowner to store and sell agricultural chemicals.
Land is typically zoned for residential, commercial, or industrial use. Within each of these zones, there may be further divisions. As an example, a piece of land zoned for commercial use may only permit the operation of certain types of businesses.
Zoning is the most common form of land use regulation used by local governments in North Carolina.