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The Carpenter Law Firm, P.C.
819 E. North Street
Greenville, SC 29601

Commercial Use Issues

Developers involved in the construction of commercial centers face several challenges. Chief among these challenges is obtaining permission to build. Though many members of a community may value the convenience, lower prices, and employment opportunities that a new commercial development will bring, others oppose such developments arguing that the introduction of the new commercial enterprise will put other community enterprises out of business, only provide minimum- or low-wage jobs, and negatively impact the town center or downtown area by drawing revenue away.

Some communities have sought to balance commercial growth with community integrity by addressing commercial developments prior to even being approached for development approval. Basically, a city will examine the needs of the community and enact zoning regulations that would address those needs. For example, a city might revise the zoning regulations for undeveloped land to permit only commercial enterprises of a certain size or type, mandate certain landscaping such as the retention of trees, mandate aesthetic features so any commercial buildings would take on the look and "feel" of the surrounding community, or even to re-zone the land for purposes other than commercial developments such as a park.

Signage is another issue that commercial developers face. As local governments regulate the erection and maintenance of signs, developers must not only obtain a building permit for the construction of the commercial structure itself but also ensure that appropriate signage for the enterprise is available. If the city's sign regulations are neutral and non-discriminatory, a developer may have a very difficult time presenting a successful challenge to them.

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