Walker v. Town of Elkin

This appeal presents two questions: (1) Was the ordinance of 1958 permitting the maintenance of public utility storage or service yards in Neighborhood Business zones void for failure to give notice of the proposed change as required by G.S. 160-175?

The statute is explicit. Notice with an opportunity to be heard must be given before the zoning ordinance can be modified. An ordinance adopted without notice as required by the statute can have no validity. Eldridge v. Mangum, 216 N.C. 532, 5 S.E. 2d 721.

The court found: “The amendment to the general zoning ordinance went into effect after April…