About 20 acres of the company’s 63-acre tract were zoned for general business use in 1974 when the zoning map was based on 1955 aerial photos.  The balance was zoned for residential-agricultural use.  In 1988, the county adopted a new map, superimposing property and zoning lines on photos.  In 2006, the company sought rezoning and a conditional use permit for a home improvement center and other retail uses on 29.37 acres. The planning director determined that legal descriptions contained in 1974 zoning applications did not match the map and modified the map to show the general business area as covering about 30 acres.  The company modified its requests accordingly, one day before the hearing.   The board of commissioners approved the applications.  The trial court ruled in favor of objectors.

The appeals court affirmed, first holding that modification of the applications less than 30 days before the hearing violated the ordinance.  The board has no authority to modify or waive the requirement by “interpretation” and the objectors were not required to appeal to the board of adjustment before seeking judicial review.  Objectors had standing to challenge the commission’s decision upholding the planning director’s amendment of the map.  They presented evidence that the action would have an impact on their individual properties and property values.  The enabling statute, N.C. GEN. STAT. § 153A-345(c), and ordinance authorize the board of adjustment, not the planning director, to interpret zoning maps.

Murdock v. Chatham County, 2009 WL 2194814 (NC App. 7/21/2009).

The opinion can be accessed at: http://www.aoc.state.nc.us/www/public/coa/opinions/2009/pdf/080809-1.pdf

This abstract appears in the October 2009 issue of Planning and Environmental Law published by the American Planning Association.  For subscription information see: http://www.planning.org/PEL