NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 611

HOUSE BILL 1329

AN ACT TO AMEND PROVISIONS OF CHAPTER 153A OF THE GENERAL STATUTES TO ELIMINATE INCONSISTENCIES, CLARIFY PROVISIONS, AND IMPROVE ADMINISTRATIVE PROCEDURES.

The General Assembly of North Carolina enacts:

Section 1.  Unless otherwise provided herein, all references in this act to sections included in Chapter 153A of the General Statutes refer to those sections as they appear in 1978 Replacement Volume 3C of the General Statutes.

Sec. 2.  Subdivision (1) of G.S. 153A-335 is amended on line 1 by deleting the word "platted" and substituting therefor the words "subdivided and recorded".

Sec. 3.  The first paragraph of G.S. 153A-344 is rewritten to read as follows:

"To exercise the powers conferred by this Part, a county shall create or designate a planning agency under the provisions of this Article or of a local act. The planning agency shall prepare a proposed zoning ordinance, including both the full text of such ordinance and maps showing proposed district boundaries. The planning agency may hold public hearings in the course of preparing the ordinance. Upon completion, the planning agency shall certify the ordinance to the board of commissioners. The board of commissioners shall not hold the public hearing required by G.S. 153A-323 or take action until it has received a certified ordinance from the planning agency. Following its required public hearing, the board of commissioners may refer the ordinance back to the planning agency for any further recommendations that the agency may wish to make prior to final action by the board in adopting, modifying and adopting, or rejecting the ordinance."

Sec. 4.  G.S. 153A-345(b) is amended by deleting the period at the end of the fifth sentence and adding the following: "or that because the violation charged is transitory in nature a stay would seriously interfere with enforcement of the ordinance."

Sec. 5.  G.S. 153A-369 is amended by deleting the period at the end thereof and adding the following words and punctuation: "; provided, that where the inspector finds that there is imminent danger to life or other property, he may order that corrective action be taken in such lesser period as may be feasible."

Sec. 6.  G.S. 153A-321 is amended on line 16 between the words "include" and "one" by inserting the following: "but shall not be limited to".

Sec. 7.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 21st day of May, 1979.