Bill Summary for S 642 (2017-2018)
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| View NCGA Bill Details | 2017-2018 Session |
AN ACT TO PROVIDE REGULATORY RELIEF FOR LANDOWNERS BY ESTABLISHING A REBUTTABLE PRESUMPTION OF PROPER LAND USE UNDER THE ORDINANCE AND BY REQUIRING CLEAR AND CONVINCING EVIDENCE TO REBUT THAT PRESUMPTION IN QUASI-JUDICIAL PROCEEDINGS BEFORE THE BOARD OF ADJUSTMENT.Intro. by Newton, B. Jackson, Brock.
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Bill summary
Amends GS 160A-388, which governs appeals before the board of adjustment concerning zoning or land use or development ordinances. Specifies that an appeal under GS 160A-400.9(e) (concerning appeals of the grant or denial of an application for a certificate of appropriateness) or any other appeal in the nature of certiorari is to be heard de novo. Adds that there is a rebuttable presumption that the use of the property being appealed is valid or consistent with the ordinance and allows the presumption to be rebutted by clear and convincing evidence to the contrary if it is presented by the one who made the decision.
Requires quasi-judicial decisions to be heard de novo. Adds that there is a rebuttable presumption that the use of the property that is being appealed is valid or consistent with the ordinance and allows the presumption to be rebutted by clear and convincing evidence to the contrary if it is presented by the one who made the decision.
Applies to actions taken by the board of adjustment on or after the date the act becomes law.