House Bill 806-First Edition

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H 1

HOUSE BILL 806

Short Title: Zoning St. of Limit./Ag. Dist. Change.		(Public)
Sponsors:	Representatives Jordan, Stam, Moffitt, and Stevens (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site.
Referred to:	Judiciary Subcommittee B.

April 7, 2011

A BILL TO BE ENTITLED

AN ACT CHANGING THE STATUTE OF LIMITATIONS AND REPOSE FOR CHALLENGING ZONING ORDINANCES AND TO PROHIBIT SPECIFIED ZONING ORDINANCES AFFECTING SINGLE-FAMILY DETACHED RESIDENTIAL USES ON LOTS GREATER THAN ten ACRES IN AGRICULTURAL ZONING DISTRICTS.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 1-53 reads as rewritten:

"§ 1-53. Two years.

Within two years -

(1) An action against a local unit of government upon a contract, obligation or liability arising out of a contract, express or implied. Unless otherwise provided by law, if the preceding sentence of this subsection would bar commencement of a cause of action arising out of a contract to improve real property: (i) such an action may be brought no later than 90 days after substantial completion, provided proper notice of the claim has been given if required by contract, or (ii) if prior to substantial completion the contract was terminated by either party, such an action may be brought no later than 90 days after the date of termination of the contract. As used in this subdivision, "substantial completion" has the same meaning as in G.S. 1-50(a)(5)c. This subdivision shall not apply to actions based upon bonds, notes and interest coupons or when a different period of limitation is prescribed by this Article.

(2) An action to recover the penalty for usury, including an action regarding the financing of usurious points, usurious fees, or other usurious charges; the two-year period shall accrue with each payment made and accepted on the loan.

(3) The forfeiture of all interest for usury.

(4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.S. 28A-18-2; the cause of action shall not accrue until the date of death. Provided that, whenever the decedent would have been barred, had he lived, from bringing an action for bodily harm because of the provisions of G.S. 1-15(c) or 1-52(16), no action for his death may be brought.

(5) Actions contesting the validity of any zoning or unified development ordinance or any provision thereof adopted under Part 3 of Article 18 of Chapter 153A or Part 3 of Article 19 of Chapter 160A of the General Statutes or other applicable law, other than an ordinance adopting or amending a zoning map or approving a special use, conditional use, or conditional zoning district rezoning request. Such an action accrues when the party bringing such action first has standing to challenge the ordinance."

SECTION 2. G.S. 1-54.1 reads as rewritten:

"§ 1-54.1. Two months.

Within two months an action contesting the validity of any ~~zoning~~ ordinance adopting or amending a zoning map or approving a special use, conditional use, or conditional zoning district rezoning request ~~amendment thereto adopted by a county~~ under Part 3 of Article 18 of Chapter 153A of the General Statutes ~~or other applicable law or adopted by a city under~~ or Part 3 of Article 19 of Chapter 160A of the General Statutes or other applicable law. Such an action accrues upon adoption of such ordinance or amendment."

SECTION 3. G.S. 153A-348 reads as rewritten:

"§ 153A-348. Statute of limitations.

(a) A cause of action as to the validity of any ~~zoning ordinance, or amendment thereto,~~ ordinance adopting or amending a zoning map or approving a special use, conditional use, or conditional zoning district rezoning request adopted under this Part or other applicable law shall accrue upon adoption of ~~the ordinance, or amendment thereto,~~ such ordinance and shall be brought within two months as provided in G.S. 1-54.1.

(b) Except as otherwise provided in subsection (a) of this section, an action challenging the validity of any zoning or unified development ordinance or any provision thereof adopted under this Part or other applicable law shall be brought within two years of the accrual of such action. Such an action accrues when the party bringing such action first has standing to challenge the ordinance.

(c) Nothing in this section or in G.S. 1-53(5) or G.S. 1-54.1 shall bar a party in an action involving the enforcement of a zoning or unified development ordinance from raising as a defense to such enforcement action the invalidity of the ordinance."

SECTION 4. G.S. 160A-364.1 reads as rewritten:

"§ 160A-364.1. Statute of limitations.

(a) A cause of action as to the validity of any ~~zoning ordinance, or amendment thereto,~~ ordinance adopting or amending a zoning map or approving a special use, conditional use, or conditional zoning district request adopted under this Article or other applicable law shall accrue upon adoption of ~~the ordinance, or amendment thereto,~~ such ordinance and shall be brought within two months as provided in G.S. 1-54.1.

(b) Except as otherwise provided in subsection (a) of this section, an action challenging the validity of any zoning or unified development ordinance or any provision thereof adopted under this Article or other applicable law shall be brought within two years of the accrual of such action. Such an action accrues when the party bringing such action first has standing to challenge the ordinance.

SECTION 5. G.S. 153A-340 is amended by adding a new subsection to read:

"(j) An ordinance adopted pursuant to this section shall not prohibit single-family detached residential uses constructed in accordance with the North Carolina State Building Code on lots greater than 10 acres in size in zoning districts where more than fifty percent (50%) of the land is in use for agricultural or silvicultural purposes, except that this restriction shall not apply to commercial or industrial districts where a broad variety of commercial or industrial uses are permissible. An ordinance adopted pursuant to this section shall not require that a lot greater than 10 acres in size have frontage on a public road or county approved private road, or be served by public water or sewer lines, in order to be developed for single-family residential purposes."

SECTION 6. This act becomes effective July 1, 2011, but the provisions of Sections 1 through 4 of this act shall not apply to litigation pending on that date. Upon the effective date, any ordinance provision that is inconsistent with the provisions of Section 5 of this act shall be void and unenforceable.