Loading chat...

NC S642

Bill

Status

Introduced

4/4/2017

Primary Sponsor

Paul Newton

Click for details

Origin

Senate

2017-2018 Session

AI Summary

  • Establishes a rebuttable presumption that the actual or proposed use of property is valid or consistent with local zoning ordinances in quasi-judicial proceedings before boards of adjustment.

  • Requires clear and convincing evidence to rebut the presumption of validity, with the burden placed on the city or official who made the original decision.

  • Changes the standard of review for appeals in the nature of certiorari from "record-based review" to "de novo" hearings before the board of adjustment.

  • Applies to all quasi-judicial decisions made by boards of adjustment, including appeals of zoning decisions and enforcement actions.

  • Becomes effective upon enactment and applies to all board of adjustment actions taken on or after the effective date.

Legislative Description

Burden of Proof - Planning and Zoning

Last Action

Ref To Com On Rules and Operations of the Senate

4/5/2017

Committee Referrals

Rules and Operations of the Senate4/5/2017

Full Bill Text

No bill text available