Bill Summary for H 276 (2013-2014)

Summary date: 

Apr 8 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 276 (Public) Filed Tuesday, March 12, 2013
A BILL TO BE ENTITLED AN ACT TO CLARIFY AND MODERNIZE STATUTES REGARDING ZONING BOARDS OF ADJUSTMENT.
Intro. by G. Graham, Stam.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Amends GS 160A-388, providing that a zoning or unified development ordinance (UDO) can designate a planning board or governing board to perform any of the duties of board of adjustment in addition to its other duties and may create and designate specialized boards to hear technical appeals.

Makes organizational changes.

Expands GS 160A-388(b)(4), requiring the sign that is to be posted in accordance with this section to include the means to contact an official for information about the appeals decision.  Expands GS 160A-388(b)(6), to also provide that an appeal of a notice of a violation or other enforcement order stays enforcement of the action  appealed unless it is certified, by affidavit, that a stay would cause imminent peril to life or property. Also provides that an appellant can request and the board may grant a stay of a final decision of permit application or building permits affected by the issue being appealed.

Enacts new GS 160A-388(b)(10), providing that parties to an appeal that have been made under this subsection can agree to mediation or other forms of alternative dispute resolution. Such standards and procedures can be set by the UDO.

Makes organizational changes.

Amends GS 160A-388(f), stating that both the chair of the board of adjustment and the clerk to the board have authority to administer oaths and affirmations in regards to witnesses and matters coming before the board.

Recodifies GS 160A-388(e1) as GS 160A-388(e)(2) and makes conforming changes.

Makes technical and conforming changes.  Replaces references to GS 153A-345(e1), now recodified, with GS 160A-388(e)(2). These changes occur in GS 153A-44, GS 153A-336(a), GS 153A-340(c1), GS 160A-75, GS 160A-377(a), GS 160A-393(c)(3) and GS 160A-393(j)(2).

Repeals GS 153A-349(c) which defined a term in GS 160A-388(e1).

Amends GS 153A-349.8(c), making a conforming change by replacing a reference to GS 153A-345(b) with GS 160A-388(b1).

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