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N.C. Gen. Stat. § 160D-706

Zoning conflicts with other development standards

Applied in 1 court decision — leading case Currituck County, North Carolina v. Elizabeth LeTendre (2024)

Most recently applied in Currituck County, North Carolina v. Elizabeth LeTendre (May 2024)

2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 18, 50(b), 51(a), (b), (d); 2021-168, s. 2(a); 2022-11, s. 17(a); 2022-46, s. 27; 2022-62, s. 61; 2023-108, s. 1(f).

(a) Unless otherwise prohibited by G.S. 160A-174(b), when regulations made under authority of this Article require a greater width or size of yards or courts, or require a lower height of a building or fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the regulations made under authority of this Article govern. Unless otherwise prohibited by G.S. 160A-174(b), when the provisions of any other statute or local ordinance or regulation require a greater width or size of yards or courts, or require a lower height of a building or a fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this Article, the provisions of that statute or local ordinance or regulation govern.

(b) When adopting regulations under this Article, a local government may not use a definition of building, dwelling, dwelling unit, bedroom, or sleeping unit that is inconsistent with any definition of those terms in another statute or in a rule adopted by a State agency, including the Building Code Council or Residential Code Council.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.