AN ACT TO AMEND THE PROCESS BY WHICH THE CITY COUNCILS RECEIVE CITIZEN INPUT IN ZONING ORDINANCE AMENDMENTS. Enacted July 17, 2015. Effective August 1, 2015.
Summary date: Jul 27 2015 - View summary
Summary date: Jun 30 2015 - View summary
Senate committee substitute makes the following changes to the 3rd edition.
Deletes Section 5.5 of the bill, which amended GS 160A-364(a) and required that in addition to publishing such notice in a newspaper of general circulation, the city council must give written notice to all adjacent property owners at least 30 days before the date of the public hearing, concerning the adoption, amending, or repealing of any ordinance authorized by GS 160A, Article 19, Planning and Regulation of Development.
Amends the effective date to make the act effective August 1, 2015 (was effective May 1, 2015).
Summary date: Mar 25 2015 - View summary
House amendments make the following change to the 2nd edition.
Amendment #2 adds a new Section 5.5 to amend GS 160A-364(a). Under current law, before adopting, repealing, or amending any ordinance under Article 19 (planning and regulation of development) the city council is required to hold a public hearing on the matter and provide public notice of that hearing. Requires that in addition to publishing such notice in a newspaper of general circulation, the city council must give written notice to all adjacent property owners at least 30 days before the date of the public hearing.
House amendment #3 provides that this act applies to zoning ordinance changes initiated (was, adopted) on or after the May 1, 2015, effective date.
Summary date: Mar 19 2015 - View summary
House committee substitute makes the following changes to the 1st edition.
Amends GS 160A-385(a)(1) concerning citizen comments about proposed zoning changes adding language that provides that if the proposed change is the subject of a quasi-judicial hearing, then the clerk can provide only the names and addresses of the individuals providing written comment. Provides that the provision of such information to members of the board does not disqualify any member from voting.
Summary date: Mar 10 2015 - View summary
Amends GS 160A-385, concerning changes to zoning ordinances, renaming subsection (a) "qualified protests" as Citizen Comments. Deletes language that referred to qualified protests against a zoning map amendment and that specified that that amendment did not become effective unless by a favorable vote of 3/4 of members of the city council. Replaces the protest petition language with new language providing that if any resident or property owner in the city submits a written statement regarding a proposed amendment, modification, or repeal to a zoning ordinance to the clerk at least two business days prior to the proposed vote, then the clerk must deliver the written statement to the city council. Deletes GS 160A-385(a)(2) and (3) also concerning qualified protest petitions.
Repeals GS 160A-386, Protest petition; form; requirements; time for filing.
Amends GS 122C-403(3) making conforming changes, deleting language referring to protest petitions.
Provides that this act repeals any local act authority for submission, review, or action by a municipality on any zoning protest petition.
Amends GS 160A-75 to provide that votes taken under GS 160A-385 where a member is physically present but does not vote or has withdrawn without being excused by a majority vote of the members do not require an affirmative vote to be recorded.
Effective May 1, 2015, applying to zoning ordinances adopted on or after that date.