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S.B. 473: Frequently Asked Questions

December 21, 2021

[UPDATE: This blog post has been revised to reflect practitioner input. Revised portions are underlined below.] Session Law 2021-191 (S.B. 473) modifies governing board members’ duty to vote and recusal procedures. Specifically, Section 14-234.3 prohibits public officials who also serve … Read more

Calculating the Majority Vote Required for Variances and Development Regulation Amendments

December 7, 2021

North Carolina statutes have specific rules that address calculation of the majority required to approve a variance or to amend a development regulation. The statutes specify how an absent member or a member with a conflict of interest affect the majority required. The statutes also have a special rule that applies to city council members who are present but do not vote on a development regulation amendment.

Permit Choice Rule for Development Regulations

December 6, 2021

At a prominent corner in downtown, there’s a vacant lot. The adopted Downtown Plan envisions a café or a bookshop or a boutique—something to contribute to a walkable, touristy downtown. The owner of the vacant lot has a different vision. … Read more