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12/12/2006 TUE 16:45 FAX Page 4 of 8 (1972). The court in ASP Associates v. City of Raleigh, 298 N.C. 207, 258 S.E. 2d 444 (1979) states "Legislative power is vested exclusively in the General Assembly by Article 11, Section 1, of the North Carolina Constitution. From this provision and from Article 1, Section 6, derives the principle that the General Assembly may not delegate its power to any other department or body. Motsinger v. Perryman, 218 N.C. 15, 9 S.E. 2d 51'1(1940); Coastal Highway v. Turn pike Authori 237 N.C. 52, 74 S.E. 2d 310 (1953). This principle, however, is not absolute." D. The Legislature may delegate power to legislate zoning to cities, towns and counties. It is settled law that the power to zone real property is vested in the General Assembly by this section (N.C. Const., Art II, §1.) Chnstmon y. Guilford County, 322 N.C. 611, 370 S.E.2d 579 (1998). "The power to zone is the power of the State and rests initially with the General Assembly." Zopfi v CiWofWilmington, 273 N.C. 430,160 S.E.2d 691 (1964)-.. "The General Assembly has delegated to the legislative body of cities and incorporated towns the power to adopt zoning regulations and, from time to time, to amend or repeal such regulations." In re Markham, 259 N.C. 566,131 S.e.2d 329, cert. denied, 375 U.S. 931 (1963). "The authority of the General Assembly to delegate to municipal corporations power to legislate concerning local problems; such as zoning, is an exception to the general rule that legislative powers, vested in the General Assembly by N.C. Const., Art II, § l; may not be delegated by it.." 275 N.C. 155, 166 S.e.2d 78 (1969). Hence, Jackson v Guilford County $d Of Ad'usi tin' ent zoning is a legislative act that has been delegated to the municipalities by the General Assembly. The court in ASP Associates v. Cily of Raleigh,.298 N.C. 207, 258 S.E. 2d 444 (1979) states "Delegations to municipal corporations of the States' police power to legislate concerning local problems such as zoning is permissible by long standing exception to the general rule of non-delegation of legislative power. In Re Markam, 259 N.C. 566, 131 S.E. 2d 329 (1963); Jackson v. Board of Adjustment, 275 N.C. 155, 166 S.E. 2d 78 (1969). Local governments have been delegated the power to zone their territories and restrict them to specified purposes by the General Assembly. Zopfi v. City of Wilmington, 273 N .C. 430, 434, 160 S.E.2d 325, 330 (1968). This authority' is subject both to the . limitations imposed by the Constitution and to the limitations of the enabling statute." Id. Within those limitations, the enactment of zoning legislation "is a matter within the discretion of the legislative body of the city or town." Id. Summers v. City of Charlotte, 149 N.C. App: 509, 562 S.E. 2d 18 2015/021 11