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NC H806

Bill

Status

Passed

6/27/2011

Primary Sponsor

Paul Stam

Click for details

Origin

House of Representatives

2011-2012 Session

AI Summary

  • Establishes a one-year statute of limitations for challenging zoning ordinances generally, with the action accruing when a party first has standing to challenge, except challenges based on defects in the adoption process must be brought within three years of adoption.

  • Maintains a two-month statute of limitations specifically for challenging ordinances that adopt or amend zoning maps or approve special use, conditional use, or conditional zoning district rezoning requests, with the action accruing upon adoption.

  • Clarifies that parties in zoning enforcement actions or administrative appeals may raise the invalidity of a zoning ordinance as a defense, without being barred by the statute of limitations, except that adoption process defects must be raised within three years.

  • Prohibits counties from enacting zoning ordinances that restrict single-family detached residential uses on lots greater than 10 acres in agricultural zoning districts where more than 50% of land is used for agricultural or silvicultural purposes.

  • Exempts lots greater than 10 acres from requirements to have public road frontage or public water and sewer service in order to be developed for single-family residential purposes.

Legislative Description

Zoning St. of Limit./Ag. Dist. Change

Last Action

Ch. SL 2011-384

6/27/2011

Committee Referrals

Commerce6/1/2011
State and Local Government5/16/2011
Judiciary Subcommittee B4/7/2011

Full Bill Text

No bill text available