The North Carolina Court of Appeals issued a ruling on Wednesday that Buncombe County commissioners’ adoption of an ordinance installing zoning in the county was invalid. That’s a huge decision.
You all know the background: until county zoning was approved in 2007, Buncombe ranked as the largest North Carolina county without any type of zoning regulations. The rules that were installed weren’t the toughest, but it was a start. The county approved the zoning rules despite a steadfast faction of residents dead-set against zoning.
The court criticized the county’s “head-long rush” to get the zoning ordinance approved, and noted that the county didn’t even have maps ready to show residents the impact of the new regs.
Finally, we note that the maps used at the public hearing before the board of commissioners on 24 April 2007 were not in existence at the time the public hearing was called for, and at the time the notices were published in the newspapers. Citizens are most concerned with how their property and their neighbors’ property is zoned. In this case, changes were being made to the zoning maps, the only document showing how a particular property was to be zoned, up until the day before the public hearing. We fail to see how the citizens of Buncombe County could make any meaningful comment on the proposed zoning ordinance amendments under these circumstances.
That’s harsh. So it looks like it’s back to square-one for county commissioners in terms of zoning. They’ll have to go through the process again to approve a zoning ordinance — if there’s still the political will there.
Want to read the court’s decision? Click here and click here to read the court’s ruling.
7 Comments
Tommahawk, I’d take that bet.
Then you are an elitist who thinks you have better taste than everyone else?
Do you remember the Brumer house on Town Mountain? It was a wonderful expression of art in general. We used to drive up there to see it. Awesome home ahead of it’s time. I bet Ash remembers it. But… the neighbors didn’t like his home and forced him to stop building, it was never completed and it was eventually torn down.
Zoning is about who knows who and who wants to spend the most getting what they want, or paying to force others out.
A side note… Mr Brumer was Mary Tyler Moore’s father.
PS If you think Zoning helps, take a look at South Asheville which has been zoned for about 2 decades.
Most locals support No Zoning in order to keep their junk in their yard and to someday erect a huge metal building to block the sun.
I support zoning as a way to protect property values; however, the Commissioners sold public park land to a private developer so he could create more luxury condos in the downtown area. Someone with enough money and political dexterity will always be able to circumvent zoning and other regulations.
Cake, I bet my folks go back further, so back at you.
I live in a small stick built home and don’t want to see someone erecting a large metal flex storage building next to my house. Have you been down 280 towards Brevard? These metal building are cropping up everywhere.
It means that we have rules set up to govern fairly and properly and to make sure the general public knows what is going to happen to their property and has a say.
Just because someone is against zoning does not mean we are against rules, restrictions and regulations per say. We are against government railroading folks and we are against blanket rules for a VERY diverse county. South Asheville is drastically different than West Asheville or East Asheville or North Asheville and Leicester has different needs than Swannanoa.
They did not allow these things to be properly addressed as the constitution calls for. If you are for Zoning or against Zoning, we should all be concerned with the process of how laws are enacted.
I personally am for planning while allowing as much freedom as possible with one’s own property.
Good call for liberty on the these judges part.
Cake aka a hillbilly who has lived in these mountains all her life and has roots here since before this was even a state much less a county and I love this land and these rivers and mountains probally more than most people.
Hill Billy, yes – it means the county’s zoning rules are null and void right now, and that they’ll have to go through the process again to pass a zoning ordinance.
So what does that mean?
Does that mean I can go by a big metal building and slap it right up against my neighbors house?
Maybe I should get some goats and chickens to wonder my yard that boarders a really nice 500k house?
That will teach those doctors that save lives from moving to WNC.
What a joke!!!!
NO Zoning = Hill Billys
Zoning = Job creators and decent people