Bill Summary for H 806 (2011-2012)
|View NCGA Bill Details||2011-2012 Session|
CHANGING THE STATUTE OF LIMITATIONS AND REPOSE FOR CHALLENGING ZONING ORDINANCES AND TO PROHIBIT SPECIFIED ZONING ORDINANCES AFFECTING SINGLE-FAMILY DETACHED RESIDENTIAL USES ON LOTS GREATER THAN TEN ACRES IN AGRICULTURAL ZONING DISTRICTS.Intro. by Jordan, Stam, Moffitt, Stevens.
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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.