GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 3
HOUSE BILL 531
Committee Substitute Favorable 4/15/13
Committee Substitute #2 Favorable 4/25/13
Short Title: ETJ/Zoning-Weaverville & Buncombe/Correction. |
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April 4, 2013
A BILL TO BE ENTITLED
AN ACT to amend the extraterritorial jurisdiction authority of the town of weaverville, to make a similar technical correction as to the city of asheville, and to allow the county of buncombe to zone certain donut holes.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 160A-360 is amended by adding a new subsection to read:
"(n) The Town of Weaverville shall have no authority to exercise any power under this section outside its corporate limits."
SECTION 1.(b) Upon relinquishment of the jurisdiction over an area that the Town of Weaverville is regulating under Article 19 of Chapter 160A of the General Statutes, the city regulations and powers of enforcement shall remain in effect until (i) Buncombe County has adopted the regulation or (ii) a period of 120 days has elapsed following the effective date of this act, whichever is sooner. During this period, Buncombe County may hold hearings and take other measures that may be required in order to adopt county regulations for the area.
SECTION 1.(c) Notwithstanding this section of this act, Buncombe County shall have the authority to continue to appoint residents of the County who reside within one mile of the municipal limits of the Town of Weaverville, as if G.S. 160A-362 applied.
SECTION 1.(d) This section applies to the Town of Weaverville only.
SECTION 2. G.S. 160A-360(m), as it applies to the City of Asheville under S.L. 2013-30, reads as rewritten:
"(m) The City of Asheville
shall have no authority to exercise any power under this section.section
outside its corporate limits."
SECTION 3.(a) G.S. 153A-342(d) reads as rewritten:
"(d) A county may
determine that the public interest does not require that the entire territorial
jurisdiction of the county be zoned and may designate one or more portions of
that jurisdiction as a zoning area or areas. A zoning area must originally
contain at least 640 acres and at least 10 separate tracts of land in separate
ownership and may thereafter be expanded by the addition of any amount of
territory. A zoning area may be regulated in the same manner as if the
entire county were zoned, and the remainder of the county need not be
regulated."
SECTION 3.(b) This section applies to the County of Buncombe only.
SECTION 4. This act becomes effective July 1, 2013.