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12/12/2006 TUE 16:45 FAX 0016/021 12 Page 5 of 8 (2002). The General Assembly `has delegated the legislative act of adopting and amending zoning regulations to municipalities: Zoning is a legislative act and only the legislative body of a municipality is authorized to adopt and amend zoning ordinances. Only a law making body can adopt and amend a zoning ordinance. Lee.v. Board of Adjustment, 226 N.C. 107, 37 S1.2d 128 (1946); Bran v. Wilson, 259 N.C. 107, 130 S.E.2d 68 (1963); Application. of Rea Constr. Co., 272 N.C. 715, 158 S.e.2d 887 (1968). The power of a municipality (cities, towns, and counties) to enact zoning ordinances has been expressly granted by statute. *The authority'to adopt, repeal, and amend zoning regulations is contained in the "enabling act" that is found in the North Carolina General Statutes. The state law for adopting zoning ordinances and amendments for cities is found at N.C. Gen. Stat. Section 160A-381 et seq. and for counties is found at 153A-320 et se4. State law provides that the city . . council or the board of county commissioners provide notice to certain landowners. N.C.G.S. §160A-384 outlines specific procedures for adopting zoning ordinances and amendments for cities and towns. See N.C.G.S. §160A-384 attached. State law provides that for cities and towns "zoning regulations and restrictions and zone boundaries may ... be amended, supplemented, changed, modified or repealed." If there is a protest against the change,. "an amendment shall not become effective except by favorable vote of three-fourths of all the members of the city council." N.C.G.S. §160A-385. See N.C.G.S. §160A-385 attached. The state lavtr for adopting zoning ordinances and amendments for counties 1s found at N.C.G.S. § 153A-340. See N.C.G.S. §153A-340 attached: N.C.G.S. §153A-343'and §153A-344 outline.specific procedures for adopting zoning ordinances and amendments for counties. See N.C.G.S. §153A-343 and §153A- 344 attached. Zoning or a change in zoning is a legislative act. Regarding counties' authority to amend zoning ordinances,the court In Alderman v. Chatham County. 89 N.C: App. 610,366 S.E M 885 (1988), states "N.C-G.S. 153A-344 expressly gives counties the power to amend their zoning ordinances. As a legislative function, the courity's act of amending its zoning ordinance is entitled to a presumption of validity." S-p Associates V. City of Raleigh, 298 N.C. 207, 258 S.E.2d 444 (1979). The legislative act of enacting or amending a zoning ordinance is invalid if it is unreasonable, arbitrary, or an unequal exercise of legislative power." A county's legislative body has authority to rezone when reasonably necessary to do so in the interests of the public health, safety, morals or general welfare. Ordinarily the only limitation upon this authority is that it may not be exercised arbitrarily or. capriciously. Willis y. Union County, 77 N.C. App: 407,335 S.E.2d 76 (1985). N.C.G.S. 153A-340 contains the legislative grant of power to counties to enact zoning ordinances. Development Associates Inc. V. The Wake County Board of AdLustment, 48 N.C. App. 541, 269 S.E.2d 700 (1980).