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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.

What Conditions Can Be Included in Conditional Zoning?

November 11, 2021

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

2018 Survey Results Are In

December 21, 2020

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

Chapter 160D Now Effective

June 19, 2020

  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

Plan Consistency Statements

December 3, 2018

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

A Statutory Modification for Plan Consistency Statements

June 20, 2017

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

Advisory Board Review of Quasi-judicial Decisions

January 12, 2016

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

Can the City Tell Me What My New House Has to Look Like?

August 3, 2015

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