NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION
CHAPTER 864
HOUSE BILL 872
AN ACT TO AMEND ARTICLE 14 OF CHAPTER 160 OF THE GENERAL STATUTES RELATING TO MUNICIPAL ZONING AUTHORITY.
The General Assembly of North Carolina do enact:
Section 1. G.S. 160-176 is hereby amended by adding the following provisions at the end thereof:
"Whenever by reason of an annexation or of action by the General Assembly the territorial jurisdiction of a municipality is extended, the enactment of zoning regulations for the areas newly subject to municipal jurisdiction shall be deemed to be an amendment of the existing municipal zoning ordinance and not the enactment of a new zoning ordinance; provided, however, that the 'protest' provisions of the second sentence of this Section shall not apply to such amendment. When any such areas are, at the time municipal jurisdiction is extended, subject to the provisions of a duly enacted county zoning ordinance, they shall remain subject to the provisions of such county ordinance for a period of 60 days thereafter, at the conclusion of which time zoning jurisdiction shall pass to the municipality. During said sixty-day period the municipality may take any actions (including the holding of hearings) as may be required to adopt the necessary amendments to its ordinance, which amendments shall become effective at the expiration of the period."
Sec. 2. G.S. 160-178 is hereby amended in the following manner:
(a) by inserting between the words "appointment" and "of" in line 2 thereof the words "and compensation".
(b) by inserting between the words "appoint" and "not" in line 8 thereof the words "and provide compensation for".
Sec. 3. G.S. 160-181.2 is hereby amended by changing the period at the end of the second sentence of the first paragraph thereof to a comma and inserting thereafter the words "unless such municipalities shall agree in writing upon a different boundary line based upon geographical features and existing or projected patterns of development within the area."
Sec. 4. G.S. 160-181.2 as amended is further amended by inserting between the second and third sentences of the first paragraph thereof the following:
"The legislative body may, if it deems wise, decline to exercise its regulatory powers over any part of its extraterritorial jurisdiction which lies in another county, or which is separated from the municipality or from the remainder of the area subject to municipal jurisdiction by a river, inlet, sound, or other major natural physical barrier to urban growth; such decision shall not affect the validity of any zoning regulations enacted for the remainder of the area over which the municipality has extraterritorial jurisdiction."
Sec. 5. G.S. 160-181.2 as amended is further amended by changing the periods at the ends of the last sentence of the second paragraph and the third sentence of the third paragraph to semi-colons and in each case inserting thereafter the following:
"provided, that the municipal legislative body may, if it deems wise, provide in its ordinance that such additional members shall have equal rights, privileges, and duties with the other members in all matters, wherever they might arise."
Sec. 6. G.S. 160-181.2 as amended is further amended in the following manner:
(a) by inserting between the comma and the word "the" in the second line of the fifth paragraph thereof the words "and the municipal legislative body desires to exercise its entire jurisdiction, it may, with the approval of the several boards of county commissioners, by ordinance provide for the apportionment between or among the counties of the outside members of the zoning commission or planning board and of the board of adjustment, and".
(b) by striking out of the third and fourth lines of the fifth paragraph thereof the words and comma "of the zoning commission or planning board and of the board of adjustment," and inserting in lieu thereof the words "apportioned to its county".
(c) by striking out that part of the fifth paragraph following the word "shall" in the fifth line thereof and inserting in lieu thereof the words "have equal rights, privileges, and duties with the other members in all matters, wherever they might arise. In the event there is an insufficient number of qualified residents of the area to meet the membership requirements, the board of county commissioners may appoint as many other residents of the county as necessary to make up the requisite number."
Sec. 7. Should any Section, clause, or provision of this Act be declared by the courts to be unconstitutional or invalid for any reason, such decision shall not affect the validity of this Act as a whole nor any part thereof other than the part so declared to be unconstitutional or invalid.
Sec. 8. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 9. This Act shall become effective upon its ratification.
In the General Assembly read three times and ratified, this the 8th day of June, 1965.