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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

Chapter 160D Effective Date

June 19, 2020

  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

Statutory Requirements 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