GENERAL ASSEMBLY OF NORTH CAROLINA
1997 SESSION
S.L. 1997-165
AN ACT TO ALLOW CERTAIN DECISIONS OF THE DURHAM COUNTY BOARD OF ADJUSTMENT TO BE MADE BY THREE-FIFTHS VOTE RATHER THAN FOUR-FIFTHS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 153A-345(e) reads as rewritten:
"(e) The board of
adjustment, by a vote of four-fifths three-fifths of its members,
may reverse any order, requirement, decision, or determination of an
administrative officer charged with enforcing an ordinance adopted pursuant to
this Part, or may decide in favor of the applicant a matter upon which the
board is required to pass under the ordinance, or may grant a variance from the
provisions of the ordinance. Each decision of the board is subject to
review by the superior court by proceedings in the nature of certiorari.
Any petition for review by the superior court shall be filed with the clerk of
superior court within 30 days after the decision of the board is filed in such
office as the ordinance specifies, or after a written copy thereof is delivered
to every aggrieved party who has filed a written request for such copy with the
secretary or chairman of the board at the time of its hearing of the case,
whichever is later. The decision of the board may be delivered to the
aggrieved party either by personal service or by registered mail or certified
mail return receipt requested."
Section 2. This act applies to Durham County only.
Section 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 9th day of June, 1997.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives