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Oxford approves conditional rezoning for Perry Farm after contested debate over annexation authority
Summary
The City of Oxford approved a conditional rezoning for the Perry Farm development 5–4 on April 15, 2025, after a heated discussion about whether the city can set zoning before annexation. County Attorney Jim Ryn said such votes lack legal authority absent annexation; city staff said the vote communicates future zoning but will not take effect until jurisdiction is accepted.
The City of Oxford Board of Commissioners voted 5–4 on April 15 to approve a conditional rezoning for the Perry Farm development, a decision opponents said the city cannot legally enact before annexation.
Granville County Attorney Jim Ryn told the board that any rezoning vote taken before the city accepts jurisdiction would be “without legal authority,” citing North Carolina General Statute 160D and providing a written opinion that rezoning cannot occur prior to annexation. “Any vote taken tonight to rezone this property will be without legal authority,” Ryn said during public comment, and he urged commissioners to wait until jurisdiction is in place.
City Manager Taylor and planning staff countered that state law permits a city to conduct a conditional rezoning process to inform a developer what zoning will be upon annexation so the developer may proceed with financing and design, but that zoning restrictions and enforcement will not be applied until the annexation is completed. Taylor said the process allows developers to “line up partners, contractors, financing” and that the city is not issuing permits or applying code enforcement prior to annexation.
Cindy Schwarzkopf of Kimley‑Horn, representing the developer, described changes made to the plan since the March meeting: reduced townhome units and overall density, more open/park space adjacent to Salem Road, a 50‑foot building height limit, and maintenance of 20‑foot perimeter buffers. She also confirmed that an FAA Form 7460 notice of proposed construction had been filed.
Residents and commissioners raised two major concerns: (1) whether new homes near the airport could restrict future airport operations or expansion, and (2) the immediate fiscal and infrastructure costs the city may need to cover up front to support development. Supporters pointed to the developer’s concessions, including a roughly 22% reduction in allowable density for parts of the site and dedication of parkland along Salem Road.
After discussion the board moved and seconded the conditional rezoning motion. The clerk announced the final tally: five in favor, four opposed. The motion carried.
What happens next: the conditional rezoning establishes what zoning will apply if and when the city annexes the property; it does not change current enforcement or county jurisdiction. Any subsequent annexation or final approvals will require additional steps. The city manager and planning staff said they will continue coordinating with the developer and county officials on annexation timing.
