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

  Chapter 160D became fully effective statewide on July 1, 2021. Chapter 160D was enacted in July 2019 with a delayed effective date of January 1, 2021. The date was delayed in order to give cities and counties time to … Continued

Chris McLaughlin and I are excited to announce that our publication Regulation and Taxation of Short-Term Rentals is available for purchase through the SOG website. This publication is aimed at helping local governments decide how to address the growing issue … 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

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

This post reviews the origin and purposes of the Chapter 160D initiative. The 2015 bill discussed below was not adopted in 2015. It was introduced again in 2017 but not enacted. However, a substantially similar bill was adopted in 2019 … Continued

Extended families residing together were commonplace in the early 20th century at the outset of zoning regulation in the U.S. In the 1920s most earlyzoning ordinances allowed rooms in single family homes to be rented to boarders. It was also … Continued