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12/12/2006 TU$ 16:45 FA8 X015/021 <br />11 <br />Page 4 of 8 <br />(1972). <br />'the court in ASP Associates v. City of Italdeh. 298 H.C. 207, 258 S.E. 2d 444 (1979) <br />states "Legislative power is vested exclusively in the General Assembly by Article II, Section 1, <br />of the North Carolina Constitution. From this provision and firm Article I, Section 6, derives the <br />principle ttrat the General Assembly may not delegate its power to any other department or 1?ody. <br />Motsinger v. P an. 218 N.C. 1 S, 9 S.E. 2d 51'1(1940); Coastal Hi hp~ay v. Tun~ike . <br />Authori 237 N.C. 52, 74 S.E. 2d 310 (1953). This principle, however, is not absolute:' <br />D. The Legislature may delegate power to legislate zoning to cities, towns and <br />• counties. <br />It is settled law that the power to zone real property is vested in the General Assembly by <br />this section (N.C. Const_, Art II, §1.) C't±ristmen v. Guilford County, 322 N.C. 611, 370 S.E.2d <br />579 (1998). `The power to zone is the powec of the State and rests initially with the General <br />Assembly." Zsnfi v City of Wihnia~ 273 N.C. 430,160 S.E.2d 691(1964): <br />"The General Assembly has delegated to the legislative body of cities and incorporated <br />towns the power to adopt zoning regulations and, from time to time, to amend or repeal such <br />regulations." In re Markham, 259 N.C. 566, 131 S.e.2d 329, cert. denied, 375 U.S. 931 (1963): <br />"The authority of the General Assembly to delegate to municipal corporations power to legislate <br />concerning local problems; such as zoning, is an exception to the general rule that legislative <br />powers,. vested in the General Assembly by N.C. Const., Art II, § 1, may not be delegated by it<" <br />Jackson v Guilford County,~d Of Adjustment. 275 N.C. 155, 166 S.e.2d 78 (1969). Hence, <br />zoning is a legislative act that has been delegated to the municipalities by the General Assembly. <br />The court in ASP Associates v. City of Raleirrh.•298 N.C. 207, 258 S.E. 2d 444 (1979) <br />states "Delegations to municipal corporations of the States' police power to legislate concerning <br />local problems such as zoning is permissible by long standing exception <br />non-delegation of legislative power. ~ln Re Markam. 259 N.C. 566,131 <br />TackSOl1 v Board of Adjustment. 275 N.C.155,166 S.E. 2d 78 (1969). <br />to the general Wile of <br />S.E. 2d 329 (1963); <br />'Local governments have been delegated the power to zone their territories and restrict . <br />them to specified purposes bythe General Assembly. Zopfi v City of Wilmington 2731~.C. <br />430, 434, 160 S_E2d 325, 330 (1968). This authority "3s subject both to the ...limitations <br />imposed by the Constitution and to the limitations of the enabling statute." Id Within those <br />limitations, the enactment of zoning legislation "is a matter within the discretion of the legislative <br />body of the city or town." Id. Summers v. Citv of Charlotte,149 N.C. App: 509, 562 S.E. 2d 18 <br />