(a) For the purpose ofpromoting health, safety, morals, or the general welfare of the community, anycity may adopt zoning and development regulation ordinances. These ordinancesmay be adopted as part of a unified development ordinance or as a separateordinance. A zoning ordinance may regulate and restrict the height, number ofstories and size of buildings and other structures, the percentage of lots thatmay be occupied, the size of yards, courts and other open spaces, the densityof population, the location and use of buildings, structures and land. Theordinance may provide density credits or severable development rights fordedicated rights‑of‑way pursuant to G.S. 136‑66.10 or G.S.136‑66.11.
(b) Expired.
(b1) These regulationsmay provide that a board of adjustment may determine and vary their applicationin harmony with their general purpose and intent and in accordance with generalor specific rules therein contained, provided no change in permitted uses maybe authorized by variance.
(c) The regulations mayalso provide that the board of adjustment, the planning board, or the citycouncil may issue special use permits or conditional use permits in the classesof cases or situations and in accordance with the principles, conditions,safeguards, and procedures specified therein and may impose reasonable andappropriate conditions and safeguards upon these permits. When deciding specialuse permits or conditional use permits, the city council or planning boardshall follow quasi‑judicial procedures. No vote greater than a majorityvote shall be required for the city council or planning board to issue suchpermits. For the purposes of this section, vacant positions on the board andmembers who are disqualified from voting on a quasi‑judicial matter shallnot be considered "members of the board" for calculation of therequisite majority. Every such decision of the city council or planning boardshall be subject to review of the superior court in the nature of certiorari inaccordance with G.S. 160A‑388.
Where appropriate, suchconditions may include requirements that street and utility rights‑of‑waybe dedicated to the public and that provision be made of recreational space andfacilities.
(d) A city council membershall not vote on any zoning map or text amendment where the outcome of thematter being considered is reasonably likely to have a direct, substantial, andreadily identifiable financial impact on the member. Members of appointedboards providing advice to the city council shall not vote on recommendationsregarding any zoning map or text amendment where the outcome of the matterbeing considered is reasonably likely to have a direct, substantial, andreadily identifiable financial impact on the member.
(e) As provided in thissubsection, cities may adopt temporary moratoria on any city developmentapproval required by law. The duration of any moratorium shall be reasonable inlight of the specific conditions that warrant imposition of the moratorium and maynot exceed the period of time necessary to correct, modify, or resolve suchconditions. Except in cases of imminent and substantial threat to public healthor safety, before adopting an ordinance imposing a development moratorium witha duration of 60 days or any shorter period, the governing board shall hold apublic hearing and shall publish a notice of the hearing in a newspaper havinggeneral circulation in the area not less than seven days before the date setfor the hearing. A development moratorium with a duration of 61 days or longer,and any extension of a moratorium so that the total duration is 61 days orlonger, is subject to the notice and hearing requirements of G.S. 160A‑364.Absent an imminent threat to public health or safety, a development moratoriumadopted pursuant to this section shall not apply to any project for which avalid building permit issued pursuant to G.S. 160A‑417 is outstanding, toany project for which a conditional use permit application or special usepermit application has been accepted, to development set forth in a site‑specificor phased development plan approved pursuant to G.S. 160A‑385.1, todevelopment for which substantial expenditures have already been made in goodfaith reliance on a prior valid administrative or quasi‑judicial permitor approval, or to preliminary or final subdivision plats that have beenaccepted for review by the city prior to the call for public hearing to adoptthe moratorium. Any preliminary subdivision plat accepted for review by the cityprior to the call for public hearing, if subsequently approved, shall beallowed to proceed to final plat approval without being subject to themoratorium.
Any ordinance establishing adevelopment moratorium must expressly include at the time of adoption each ofthe following:
(1) A clear statement ofthe problems or conditions necessitating the moratorium and what courses ofaction, alternative to a moratorium, were considered by the city and why thosealternative courses of action were not deemed adequate.
(2) A clear statement ofthe development approvals subject to the moratorium and how a moratorium onthose approvals will address the problems or conditions leading to impositionof the moratorium.
(3) An express date fortermination of the moratorium and a statement setting forth why that durationis reasonably necessary to address the problems or conditions leading toimposition of the moratorium.
(4) A clear statement ofthe actions, and the schedule for those actions, proposed to be taken by the cityduring the duration of the moratorium to address the problems or conditionsleading to imposition of the moratorium.
No moratorium may besubsequently renewed or extended for any additional period unless the cityshall have taken all reasonable and feasible steps proposed to be taken by thecity in its ordinance establishing the moratorium to address the problems orconditions leading to imposition of the moratorium and unless new facts andconditions warrant an extension. Any ordinance renewing or extending adevelopment moratorium must expressly include, at the time of adoption, thefindings set forth in subdivisions (1) through (4) of this subsection,including what new facts or conditions warrant the extension.
Any person aggrieved by theimposition of a moratorium on development approvals required by law may applyto the appropriate division of the General Court of Justice for an orderenjoining the enforcement of the moratorium, and the court shall havejurisdiction to issue that order. Actions brought pursuant to this sectionshall be set down for immediate hearing, and subsequent proceedings in thoseactions shall be accorded priority by the trial and appellate courts. In anysuch action, the city shall have the burden of showing compliance with theprocedural requirements of this subsection.
(f) In order toencourage construction that uses sustainable design principles and to improveenergy efficiency in buildings, a city may charge reduced building permit feesor provide partial rebates of building permit fees for buildings that areconstructed or renovated using design principles that conform to or exceed oneor more of the following certifications or ratings:
(1) Leadership in Energyand Environmental Design (LEED) certification or higher rating undercertification standards adopted by the U.S. Green Building Council.
(2) A One Globe orhigher rating under the Green Globes program standards adopted by the GreenBuilding Initiative.
(3) A certification orrating by another nationally recognized certification or rating system that isequivalent or greater than those listed in subdivisions (1) and (2) of thissubsection. (1923,c. 250, s. 1; C.S., s. 2776(r); 1967, c. 1208, s. 1; 1971, c. 698, s. 1; 1981,c. 891, s. 5; 1985, c. 442, s. 1; 1987, c. 747, s. 11; 1995, c. 357, s. 1; 2005‑426,s. 5(a); 2007‑381, s. 2.)
(a) For the purpose ofpromoting health, safety, morals, or the general welfare of the community, anycity may adopt zoning and development regulation ordinances. These ordinancesmay be adopted as part of a unified development ordinance or as a separateordinance. A zoning ordinance may regulate and restrict the height, number ofstories and size of buildings and other structures, the percentage of lots thatmay be occupied, the size of yards, courts and other open spaces, the densityof population, the location and use of buildings, structures and land. Theordinance may provide density credits or severable development rights fordedicated rights‑of‑way pursuant to G.S. 136‑66.10 or G.S.136‑66.11.
(b) Expired.
(b1) These regulationsmay provide that a board of adjustment may determine and vary their applicationin harmony with their general purpose and intent and in accordance with generalor specific rules therein contained, provided no change in permitted uses maybe authorized by variance.
(c) The regulations mayalso provide that the board of adjustment, the planning board, or the citycouncil may issue special use permits or conditional use permits in the classesof cases or situations and in accordance with the principles, conditions,safeguards, and procedures specified therein and may impose reasonable andappropriate conditions and safeguards upon these permits. When deciding specialuse permits or conditional use permits, the city council or planning boardshall follow quasi‑judicial procedures. No vote greater than a majorityvote shall be required for the city council or planning board to issue suchpermits. For the purposes of this section, vacant positions on the board andmembers who are disqualified from voting on a quasi‑judicial matter shallnot be considered "members of the board" for calculation of therequisite majority. Every such decision of the city council or planning boardshall be subject to review of the superior court in the nature of certiorari inaccordance with G.S. 160A‑388.
Where appropriate, suchconditions may include requirements that street and utility rights‑of‑waybe dedicated to the public and that provision be made of recreational space andfacilities.
(d) A city council membershall not vote on any zoning map or text amendment where the outcome of thematter being considered is reasonably likely to have a direct, substantial, andreadily identifiable financial impact on the member. Members of appointedboards providing advice to the city council shall not vote on recommendationsregarding any zoning map or text amendment where the outcome of the matterbeing considered is reasonably likely to have a direct, substantial, andreadily identifiable financial impact on the member.
(e) As provided in thissubsection, cities may adopt temporary moratoria on any city developmentapproval required by law. The duration of any moratorium shall be reasonable inlight of the specific conditions that warrant imposition of the moratorium and maynot exceed the period of time necessary to correct, modify, or resolve suchconditions. Except in cases of imminent and substantial threat to public healthor safety, before adopting an ordinance imposing a development moratorium witha duration of 60 days or any shorter period, the governing board shall hold apublic hearing and shall publish a notice of the hearing in a newspaper havinggeneral circulation in the area not less than seven days before the date setfor the hearing. A development moratorium with a duration of 61 days or longer,and any extension of a moratorium so that the total duration is 61 days orlonger, is subject to the notice and hearing requirements of G.S. 160A‑364.Absent an imminent threat to public health or safety, a development moratoriumadopted pursuant to this section shall not apply to any project for which avalid building permit issued pursuant to G.S. 160A‑417 is outstanding, toany project for which a conditional use permit application or special usepermit application has been accepted, to development set forth in a site‑specificor phased development plan approved pursuant to G.S. 160A‑385.1, todevelopment for which substantial expenditures have already been made in goodfaith reliance on a prior valid administrative or quasi‑judicial permitor approval, or to preliminary or final subdivision plats that have beenaccepted for review by the city prior to the call for public hearing to adoptthe moratorium. Any preliminary subdivision plat accepted for review by the cityprior to the call for public hearing, if subsequently approved, shall beallowed to proceed to final plat approval without being subject to themoratorium.
Any ordinance establishing adevelopment moratorium must expressly include at the time of adoption each ofthe following:
(1) A clear statement ofthe problems or conditions necessitating the moratorium and what courses ofaction, alternative to a moratorium, were considered by the city and why thosealternative courses of action were not deemed adequate.
(2) A clear statement ofthe development approvals subject to the moratorium and how a moratorium onthose approvals will address the problems or conditions leading to impositionof the moratorium.
(3) An express date fortermination of the moratorium and a statement setting forth why that durationis reasonably necessary to address the problems or conditions leading toimposition of the moratorium.
(4) A clear statement ofthe actions, and the schedule for those actions, proposed to be taken by the cityduring the duration of the moratorium to address the problems or conditionsleading to imposition of the moratorium.
No moratorium may besubsequently renewed or extended for any additional period unless the cityshall have taken all reasonable and feasible steps proposed to be taken by thecity in its ordinance establishing the moratorium to address the problems orconditions leading to imposition of the moratorium and unless new facts andconditions warrant an extension. Any ordinance renewing or extending adevelopment moratorium must expressly include, at the time of adoption, thefindings set forth in subdivisions (1) through (4) of this subsection,including what new facts or conditions warrant the extension.
Any person aggrieved by theimposition of a moratorium on development approvals required by law may applyto the appropriate division of the General Court of Justice for an orderenjoining the enforcement of the moratorium, and the court shall havejurisdiction to issue that order. Actions brought pursuant to this sectionshall be set down for immediate hearing, and subsequent proceedings in thoseactions shall be accorded priority by the trial and appellate courts. In anysuch action, the city shall have the burden of showing compliance with theprocedural requirements of this subsection.
(f) In order toencourage construction that uses sustainable design principles and to improveenergy efficiency in buildings, a city may charge reduced building permit feesor provide partial rebates of building permit fees for buildings that areconstructed or renovated using design principles that conform to or exceed oneor more of the following certifications or ratings:
(1) Leadership in Energyand Environmental Design (LEED) certification or higher rating undercertification standards adopted by the U.S. Green Building Council.
(2) A One Globe orhigher rating under the Green Globes program standards adopted by the GreenBuilding Initiative.
(3) A certification orrating by another nationally recognized certification or rating system that isequivalent or greater than those listed in subdivisions (1) and (2) of thissubsection. (1923,c. 250, s. 1; C.S., s. 2776(r); 1967, c. 1208, s. 1; 1971, c. 698, s. 1; 1981,c. 891, s. 5; 1985, c. 442, s. 1; 1987, c. 747, s. 11; 1995, c. 357, s. 1; 2005‑426,s. 5(a); 2007‑381, s. 2.)
(a) For the purpose ofpromoting health, safety, morals, or the general welfare of the community, anycity may adopt zoning and development regulation ordinances. These ordinancesmay be adopted as part of a unified development ordinance or as a separateordinance. A zoning ordinance may regulate and restrict the height, number ofstories and size of buildings and other structures, the percentage of lots thatmay be occupied, the size of yards, courts and other open spaces, the densityof population, the location and use of buildings, structures and land. Theordinance may provide density credits or severable development rights fordedicated rights‑of‑way pursuant to G.S. 136‑66.10 or G.S.136‑66.11.
(b) Expired.
(b1) These regulationsmay provide that a board of adjustment may determine and vary their applicationin harmony with their general purpose and intent and in accordance with generalor specific rules therein contained, provided no change in permitted uses maybe authorized by variance.
(c) The regulations mayalso provide that the board of adjustment, the planning board, or the citycouncil may issue special use permits or conditional use permits in the classesof cases or situations and in accordance with the principles, conditions,safeguards, and procedures specified therein and may impose reasonable andappropriate conditions and safeguards upon these permits. When deciding specialuse permits or conditional use permits, the city council or planning boardshall follow quasi‑judicial procedures. No vote greater than a majorityvote shall be required for the city council or planning board to issue suchpermits. For the purposes of this section, vacant positions on the board andmembers who are disqualified from voting on a quasi‑judicial matter shallnot be considered "members of the board" for calculation of therequisite majority. Every such decision of the city council or planning boardshall be subject to review of the superior court in the nature of certiorari inaccordance with G.S. 160A‑388.
Where appropriate, suchconditions may include requirements that street and utility rights‑of‑waybe dedicated to the public and that provision be made of recreational space andfacilities.
(d) A city council membershall not vote on any zoning map or text amendment where the outcome of thematter being considered is reasonably likely to have a direct, substantial, andreadily identifiable financial impact on the member. Members of appointedboards providing advice to the city council shall not vote on recommendationsregarding any zoning map or text amendment where the outcome of the matterbeing considered is reasonably likely to have a direct, substantial, andreadily identifiable financial impact on the member.
(e) As provided in thissubsection, cities may adopt temporary moratoria on any city developmentapproval required by law. The duration of any moratorium shall be reasonable inlight of the specific conditions that warrant imposition of the moratorium and maynot exceed the period of time necessary to correct, modify, or resolve suchconditions. Except in cases of imminent and substantial threat to public healthor safety, before adopting an ordinance imposing a development moratorium witha duration of 60 days or any shorter period, the governing board shall hold apublic hearing and shall publish a notice of the hearing in a newspaper havinggeneral circulation in the area not less than seven days before the date setfor the hearing. A development moratorium with a duration of 61 days or longer,and any extension of a moratorium so that the total duration is 61 days orlonger, is subject to the notice and hearing requirements of G.S. 160A‑364.Absent an imminent threat to public health or safety, a development moratoriumadopted pursuant to this section shall not apply to any project for which avalid building permit issued pursuant to G.S. 160A‑417 is outstanding, toany project for which a conditional use permit application or special usepermit application has been accepted, to development set forth in a site‑specificor phased development plan approved pursuant to G.S. 160A‑385.1, todevelopment for which substantial expenditures have already been made in goodfaith reliance on a prior valid administrative or quasi‑judicial permitor approval, or to preliminary or final subdivision plats that have beenaccepted for review by the city prior to the call for public hearing to adoptthe moratorium. Any preliminary subdivision plat accepted for review by the cityprior to the call for public hearing, if subsequently approved, shall beallowed to proceed to final plat approval without being subject to themoratorium.
Any ordinance establishing adevelopment moratorium must expressly include at the time of adoption each ofthe following:
(1) A clear statement ofthe problems or conditions necessitating the moratorium and what courses ofaction, alternative to a moratorium, were considered by the city and why thosealternative courses of action were not deemed adequate.
(2) A clear statement ofthe development approvals subject to the moratorium and how a moratorium onthose approvals will address the problems or conditions leading to impositionof the moratorium.
(3) An express date fortermination of the moratorium and a statement setting forth why that durationis reasonably necessary to address the problems or conditions leading toimposition of the moratorium.
(4) A clear statement ofthe actions, and the schedule for those actions, proposed to be taken by the cityduring the duration of the moratorium to address the problems or conditionsleading to imposition of the moratorium.
No moratorium may besubsequently renewed or extended for any additional period unless the cityshall have taken all reasonable and feasible steps proposed to be taken by thecity in its ordinance establishing the moratorium to address the problems orconditions leading to imposition of the moratorium and unless new facts andconditions warrant an extension. Any ordinance renewing or extending adevelopment moratorium must expressly include, at the time of adoption, thefindings set forth in subdivisions (1) through (4) of this subsection,including what new facts or conditions warrant the extension.
Any person aggrieved by theimposition of a moratorium on development approvals required by law may applyto the appropriate division of the General Court of Justice for an orderenjoining the enforcement of the moratorium, and the court shall havejurisdiction to issue that order. Actions brought pursuant to this sectionshall be set down for immediate hearing, and subsequent proceedings in thoseactions shall be accorded priority by the trial and appellate courts. In anysuch action, the city shall have the burden of showing compliance with theprocedural requirements of this subsection.
(f) In order toencourage construction that uses sustainable design principles and to improveenergy efficiency in buildings, a city may charge reduced building permit feesor provide partial rebates of building permit fees for buildings that areconstructed or renovated using design principles that conform to or exceed oneor more of the following certifications or ratings:
(1) Leadership in Energyand Environmental Design (LEED) certification or higher rating undercertification standards adopted by the U.S. Green Building Council.
(2) A One Globe orhigher rating under the Green Globes program standards adopted by the GreenBuilding Initiative.
(3) A certification orrating by another nationally recognized certification or rating system that isequivalent or greater than those listed in subdivisions (1) and (2) of thissubsection. (1923,c. 250, s. 1; C.S., s. 2776(r); 1967, c. 1208, s. 1; 1971, c. 698, s. 1; 1981,c. 891, s. 5; 1985, c. 442, s. 1; 1987, c. 747, s. 11; 1995, c. 357, s. 1; 2005‑426,s. 5(a); 2007‑381, s. 2.)
