Sellers v. City of Asheville

PARKER, Judge.

A city has power to zone only as delegated to it by enabling statutes, and “a zoning ordinance or an amendment thereto which is not adopted in accordance with the enabling statutes is invalid and ineffective.” Heaton v. City of Charlotte, 277 N.C. 506, 513, 178 S.E. 2d 352, 356 (1971); accord, Keiger v. Board of Adjustment, 281 N.C. 715, 190 S.E. 2d 175 (1972). We agree with the trial court’s ruling that defendant City in this case failed to comply with applicable enabling statutes insofar as it attempted to extend its zoning ordinance to property outside of its corporate…