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.

The board of adjustment is hearing a hotly contested appeal.  The zoning administrator interpreted a somewhat ambiguous provision in the zoning ordinance to allow a controversial land use.  Irate neighbors appealed that determination to the board of adjustment.  The case … Read more