Lineup parsed from the opinion and verified against the PDF.
Permits—asphalt plant—compliance with setback requirements—meaning of "commercial building"
In a case regarding a county planning board's decision to issue a permit under the county's Polluting Industries Development Ordinance (PID Ordinance) for a company to build an asphalt plant, the board's decision was affirmed where, because a mobile shed and a barn near the proposed plant site were not "commercial buildings" under the PID Ordinance, the company's permit application complied with the PID Ordinance's "commercial building" setback requirements. The mobile shed was not a "building" given its impermanence (it lacked a foundation, footers, and running water; and it was demonstrably easy to relocate), and the barn, though clearly a "building," was not being used primarily for "commercial" purposes.
Summary from the North Carolina Reports digest (official subject index). Read the opinion →