GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 604

SENATE BILL 473

 

AN ACT TO AUTHORIZE UNION COUNTY TO ADOPT A UNIFIED LAND USE ORDINANCE, ALLOW THE BOARD OF ADJUSTMENT TO ACT BY MAJORITY VOTE, AUTHORIZE THE PLANNING BOARD TO ISSUE PERMITS, AND REQUIRE CHALLENGES TO ZONING AMENDMENTS TO BE BROUGHT WITHIN SIXTY DAYS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Union County is authorized to adopt a unified land use or development ordinance which combines into one document zoning, subdivision, and other regulations authorized or referenced under Article 18 of Chapter 153A or Article 19 of Chapter 160A of the General Statutes.  Such ordinance may treat subdivision preliminary plat applications in the same manner as other special or conditional use permits.

Sec. 2.  The Union County Board of Commissioners may provide in any ordinance adopted under Article 18 of Chapter 153A of the General Statutes that:

(1)       The Board of Adjustment may decide any matter before it upon a majority vote of the board membership or upon a majority vote of those present and not excused from voting, a quorum being present.

(2)       Notwithstanding the provisions of G.S. 1-54.1, an action challenging an ordinance that changes the zoning classification of any property must be commenced within 60 days after the effective date of such ordinance.

(3)       The Planning Board may consider and issue or deny permits for the use or subdivision of land under circumstances and in accordance with the conditions and requirements set forth in an ordinance adopted under Article 18 of Chapter 153A of the General Statutes, and notwithstanding the provisions of G.S. 153A-345, decisions by the Planning Board issuing or denying such permits shall be subject to review by the Superior Court in the same manner and subject to the same requirements as decisions of the Board of Adjustment.

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 13th day of July, 1987.