LIMIT CONDITIONAL ZONING.

View NCGA Bill Details2019-2020 Session
Senate Bill 406 (Public) Filed Thursday, March 28, 2019
AN ACT TO LIMIT THE USE OF CONDITIONAL ZONING BY COUNTIES AND MUNICIPALITIES.
Intro. by McInnis, Gunn.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 1 2019)

Bill History:

S 406

Bill Summaries:

  • Summary date: Mar 28 2019 - More information

    Amends GS 160A-382 (concerning cities) and GS 153A-342 (concerning counties) regarding city and county authority to divide territorial jurisdiction into districts, including special use districts and conditional use districts. Now prohibits cities and counties from imposing any conditions for a use that is permitted by the zoning classification of a petitioner's subject parcel, whether imposed through ordinance, regulation, or permit requirements, unless the city or county is granted authority to impose the conditions by the General Assembly.

    Amends GS 160A-388 and GS 153A-340, which allow cities and counties to authorize, by ordinance, boards of adjustment, planning boards, or boards of commissioners (as appropriate) to hear and issue special or conditional use permits and impose reasonable and appropriate conditions upon the permits. Adds a provision to each statute to specify that reasonable and appropriate conditions include conditions which the city or county would otherwise be able to impose in similar fashion upon other similarly situated parcels that are in the same zoning classification through a grant of authority in the General Statutes.


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