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.

Conditional zoning is a popular development regulation tool used in North Carolina. Legislative conditional zoning was first used in the state in the 1990s, was approved by the courts in 2001, and was expressly authorized by the zoning statutes in … Continued

Are North Carolina cities and counties making more use of conditional zoning? Are the approval rates for variances and special use permits going up or down in North Carolina? Are form-based codes and standards only something we read about, or … Continued

  The General Assembly enacted legislation — S.L. 2020-25 (S. 720) — making Chapter 160D effective on June 19, 2020. This law also allows cities and counties greater flexibility in the timing for adoption of amendments to conform local development … Continued

Ernie Bass owns a sizable parcel of vacant land on the edge of Mayberry that fronts a major road.  He hunted and fished there for decades.  The Mayberry bypass was recently completed on the edge of the property and an … Continued

Cities and counties routinely consider proposals to amend their zoning ordinances. Amendments vary from the rezoning of a single parcel of land to major rewrites of the whole ordinance. The decision of whether or not to make a particular amendment … Continued

Update Note:  The General Assembly in 2017 amended these statutes. S.L. 2017-108 removed use of a USDA Farm Identification number as a means of establishing whether property is used as a farm. It also requires that a farm have either … Continued

Acme Development Co. is proposing to build a 200-unit apartment project on a vacant lot. Under the city’s zoning ordinance, this use of the site is allowed only if a special use permit is secured.  The ordinance standards for the … Continued

If a person is considering undertaking a particular land use, it is important that they know whether or not that would be allowed by the zoning ordinance. It is usually a simple proposition to determine whether or not the use … Continued

A  fast-growing suburban town would like to encourage walkable mixed use neighborhoods. The planning board has proposed adding a new zoning district that would allow higher residential densities provided certain standards are met. The proposed standards include requirements for sidewalks, … Continued