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NC S642
Bill
AI Summary
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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.
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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.
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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.
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Applies to all quasi-judicial decisions made by boards of adjustment, including appeals of zoning decisions and enforcement actions.
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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