Issue

Ordinance—land use buffer—conflicting text and table—interpretive provision—text controls

Summary

A county board of adjustment properly decided against installing a buffer between petitioner's property and a road being built next to an adjacent residential subdivision, where the county's zoning ordinance only required buffers between properties from different zoning districts and both of the properties involved here were in the same "R-1 residential" zoning district. Although the ordinance included a table suggesting that buffers were required based on either the zoning districts or the land uses of the subject and adjacent properties, the ordinance's introductory provision eliminated any internal ambiguity by clarifying that where the text and a table contradicted each other, the text would control.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →