AN ACT CHANGING THE STATUTE OF LIMITATIONS AND REPOSE FOR CHALLENGING ZONING ORDINANCES, CLARIFYING THE APPLICABILITY OF THE STATUTE OF LIMITATIONS TO ENFORCEMENT ACTIONS OR ADMINISTRATIVE APPEALS, AND TO PROHIBIT SPECIFIED ZONING ORDINANCES AFFECTING SINGLE-FAMILY DETACHED RESIDENTIAL USES ON LOTS GREATER THAN TEN ACRES IN AGRICULTURAL ZONING DISTRICTS. Summarized in Daily Bulletin 4/7/11, 4/27/11, 5/11/11, and 6/14/11. Enacted June 27, 2011. Effective July 1, 2011, but the provisions of Sections 1–4 that effect a change in existing law shall not apply to litigation pending on that date.
Bill Summaries: H806 ZONING ST. OF LIMIT./AG. DIST. CHANGE.
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Summary date: Jun 30 2011 - View Summary
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Bill H 806 (2011-2012)Summary date: Jun 14 2011 - View Summary
Senate committee substitute makes the following changes to 3rd edition. Amends proposed GS 1-54(10) to specify that a challenge to a zoning or unified development ordinance on the basis of an alleged defect in the adoption process must be brought within three years after the adoption of the ordinance.
Amends proposed GS 153A-348(b) and proposed GS 160A-364.1(b), respectively, to (1) require that certain actions challenging the validity of zoning or unified development ordinances be brought within one year (was, two years) of the accrual of the action and (2) specify that a challenge to a zoning or unified development ordinance on the basis of an alleged defect in the adoption process must be brought within three years after the adoption of the ordinance.
Amends proposed new GS 153A-348(c) and proposed GS 160A-364.1(c), respectively, to prohibit a party in an enforcement action or appeal from asserting the invalidity of the ordinance on the basis of an alleged deft in the adoption process unless the defense is formally raised within three years of the adoption of the challenged ordinance.
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Bill H 806 (2011-2012)Summary date: Jun 14 2011 - View Summary
Senate amendment makes the following changes to 4th edition. Directs the LRC, in consultation with the NC Home Builders Association and NC Association of County Commissioners, to study the extent to which counties will be able to require that lots exempt from county subdivision regulations must be accessible to emergency services providers, along with any issues deemed relevant by the LRC. Provides reporting guidelines and requirements.
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Bill H 806 (2011-2012)Summary date: May 11 2011 - View Summary
House amendment makes the following changes to 2nd edition. Deletes amendment to GS 1-53, and instead creates new subdivision (10) to GS 1-54 to add to the list of actions that must be commenced within one year actions contesting the validity of any zoning or unified development ordinance adopted under Part 3 of Article 18 of GS Chapter 153A or Part 3 of Article 19 of GS Chapter 160A or other applicable law, other than an ordinance adopting or amending a zoning map or approving a special use, conditional use, or conditional zoning district rezoning request. Makes conforming changes to the statute reference throughout.
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Bill H 806 (2011-2012)Summary date: Apr 27 2011 - View Summary
House committee substitute makes the following changes to 1st edition.
Amends proposed GS 153A-348(c) and 160A-364.1(c), adding that a party who files a timely appeal from an order, requirement, decision, or determination made by an administrative official contending that the party is in violation of a zoning or unified development ordinance is not barred from raising in the appeal the invalidity of the ordinance as a defense. Makes a clarifying change, and makes a conforming change to the title.
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Bill H 806 (2011-2012)Summary date: Apr 7 2011 - View Summary
Amends GS 1-53 to add to the list of actions that must be commenced within two years actions contesting the validity of any zoning or unified development ordinance adopted under Part 3 of Article 18 of GS Chapter 153A or Part 3 of Article 19 of GS Chapter 160A or other applicable law, other than an ordinance adopting or amending a zoning map or approving a special use, conditional use, or conditional zoning district rezoning request, which must be brought within two months under amended GS 1-54.1. Makes conforming changes in GS Chapters 153A and 160A.
Amends GS 153A-340 to prevent an ordinance adopted pursuant to that section from prohibiting single-family detached residential uses constructed in accordance with the NC State Building Code on lots greater than 10 acres in size in zoning districts where more than 50% of the land is in use for agricultural or silvicultural purposes, except in certain commercial or industrial districts. Provides that an ordinance adopted pursuant to GS 153A-340 may not require that a lot greater than 10 acres in size have specified types of road frontage or water or sewer service in order to be developed for single-family residential purposes.
Effective July 1, 2011, except that provisions of the law pertaining to statutes of limitations shall not apply to litigation pending as of that date.