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Council hears legal update on state down‑zoning change; staff recommends monitoring pending bills and limited re‑adoption options
Summary
Town planning director Jeff Trezenberg and town legal staff briefed the council on recent state legislation that altered the definition of down‑zoning in nonresidential districts and said one local ordinance (52‑86) may be affected; staff recommended monitoring several pending bills and considering targeted readoption only if necessary.
Jeff Trezenberg, Garner planning director, told the council on March 25 that a recent change in state law altered the statutory definition of “down‑zoning” for certain nonresidential zones and could render some local ordinances unenforceable if they create new nonconformities.
Trezenberg said the town reviewed its ordinances and identified nine ordinances adopted during the affected period; only one — ordinance 52‑86 — appeared to raise significant concerns under the new definition. Under the revised statutory language Trezenberg described, creating a new nonconformity in a nonresidential zoning district can be deemed down‑zoning and cause the entire ordinance to be void rather than only the…
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