NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 1076

HOUSE BILL 1319

 

 

AN ACT TO AMEND G. S. 160-181.2 RELATING TO ZONING REGULATIONS IN AND AROUND MUNICIPALITIES IN HARNETT COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. The last paragraph of G. S. 160-181.2, as the same appears in the 1961 Cumulative Supplement to the General Statutes, is amended by striking out in line 4 the word and punctuation "Harnett,".

Sec. 2. In Harnett County, if the legislative body of a municipality shall refuse to approve a zoning plan, or declines to act on an application within sixty (60) days, then any person aggrieved thereby may appeal the matter to the Superior Court by filing with the Court a duly verified petition reciting that the said plan had been submitted to the said legislative body in accordance with the zoning plan made by said body, and that the legislative body had failed and refused to approve it. The petition shall be accompanied by a copy of the zoning plan. The legislative body of the municipality shall be served with a copy of the petition and shall be allowed time to answer the same in accordance with the rules of civil procedure prevailing relating to civil actions. The Court shall hear the petitioner and such evidence as is competent and material and shall grant to the legislative body an opportunity to offer such evidence as is competent and material, and if the Court shall find that the zoning plan meets the requirements of the zoning plan in effect at the time the plan was filed with the municipality's legislative body, he shall remand the matter to the legislative body with instructions to approve the same to the end that it may be recorded. Either party shall be entitled to appeal to the Supreme Court.

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 20th day of June, 1963.