The Zoning Protest Petition is No More: Super-Majority Provision Repealed
In 2015 the General Assembly abolished the supermajority requirement for adopting zoning map amendments if a protest petition had been filed. S.L. 2015-160 created G.S. 160D-603 as an alternative to the protest petition. It allows written protests to be filed with the city clerk and requires those objections be presented to the council, but provides that a simple majority is required to adopt the amendment.
This session law also amended G.S. 160A-75 to provide that if a council member is present and has not been excused from voting, but does not vote, that is not automatically counted as an affirmative vote on any proposed zoning amendment.
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Coates’ Canons NC Local Government Law
The Zoning Protest Petition is No More: Super-Majority Provision Repealed
Published: 07/19/13
Last-Revised: April 15, 2022
Author Name: David Owens
In 2015 the General Assembly abolished the supermajority requirement for adopting zoning map amendments if a protest petition had been filed. S.L. 2015-160 created G.S. 160D-603 as an alternative to the protest petition. It allows written protests to be filed with the city clerk and requires those objections be presented to the council, but provides that a simple majority is required to adopt the amendment.
This session law also amended G.S. 160A-75 to provide that if a council member is present and has not been excused from voting, but does not vote, that is not automatically counted as an affirmative vote on any proposed zoning amendment.
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2 Responses to “The Zoning Protest Petition is No More: Super-Majority Provision Repealed”
Michi VOJTA
Thank you for the article. I disagree, though, that even if the vote ended up in favor of the side protesting/submitting the VSPP that it has no direct effect, as you qualify it. The very act of having a VSPP filed brings special attention to the case; it may in fact encourage Councilors and other decision makers to ‘sit up and take notice’, may give them the support–one may even say courage–to vote a case down, when perhaps without the VSPP, they may have felt compelled to approve it. I don’t know that saying the VSPP was “not necessary” gives it the credit that it deserves in bringing a level of scrutiny to the case.
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