NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1208

HOUSE BILL 1240

 

 

AN ACT TO AMEND CHAPTERS 153 AND 160 OF THE GENERAL STATUTES RELATING TO COUNTY AND MUNICIPAL ZONING.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 160-172, as the same appears in the 1964 Replacement Volume 3D of the General Statutes, is hereby amended by adding the following provisions at the end thereof:

"Such regulations may also provide that the board of adjustment or the local legislative body may issue special use permits or conditional use permits in the classes of cases or situations and in accordance with the principles, conditions, safeguards, and procedures specified therein, and may impose reasonable and appropriate conditions and safeguards upon such permits."

Sec. 2.  G.S. 160-177 is hereby rewritten to read as follows:

"G.S. 160-177.  Planning Board; Zoning Plan; Certification to Legislative Body. In order to avail itself of the powers conferred by this Article, such legislative body shall appoint a town or city planning board or a joint planning board under the provisions of G.S. 160-22 or of a special Act of the General Assembly. The town or city planning board or joint planning board shall have the duty of preparing a zoning plan, including both the full text of a zoning ordinance and a map or maps showing proposed district boundaries. The planning board may hold such public hearings, if any, as it deems necessary in the course of preparing this plan. Upon completion, the planning board shall certify this plan to the legislative body. The legislative body shall not hold its required public hearing or take action until it has received this certified plan from the planning board. Following its required public hearing, the legislative body may, if it deems wise, refer the plan back to the planning board for any further recommendations which said board may wish to make prior to final action by the legislative body in adopting, modifying and adopting, or rejecting the ordinance."

Sec. 3.  G.S. 160-181.2, as the same appears in the 1965 Supplement to the 1964 Replacement Volume 3D of the General Statutes, is hereby amended by deleting the work "natural" in line 18 thereof.

Sec. 4.  G.S. 153-266.10, as the same appears in 1964 Replacement Volume 3C of the General Statutes, is hereby amended by adding the following provisions at the end thereof:

"Such regulations may also provide that the board of adjustment or the board of county commissioners may issue special use permits or conditional use permits in the classes of cases or situations and in accordance with the principles, conditions, safeguards, and procedures specified therein, and may impose reasonable and appropriate conditions and safeguards upon such permits."

Sec. 5.  G.S. 153-266.17, as the same appears in the 1965 Supplement to the 1964 Replacement Volume 3C of the General Statutes, is hereby amended by adding the following sentences at the end of the first paragraph thereof:

"If it deems wise in order to provide more adequate representation to residents of the county, the board of county commissioners may create a board of adjustment which is larger than that specified above, whose members shall be appointed for three-year terms or for such lesser terms as may be specified in the zoning ordinance in order to assure that the terms of all members shall not expire at the same time.

"Any ordinance enacted pursuant to this Article shall provide that members of the board of adjustment, insofar as possible, shall be appointed from different areas within the county's zoning jurisdiction. In the event that less than the entire county is zoned, at least one resident of each area which is zoned shall be appointed to the board of adjustment."

Sec. 6.  G.S. 153-266.17 is hereby further amended by deleting the word "four" in line 57 and by substituting therefor the words "four-fifths of the."

Sec. 7.  G.S. 153-266.17 is hereby further amended by inserting the following new paragraph at the end thereof:

"The chairman of the board of adjustment is authorized in his official capacity to administer oaths to witnesses in any matter coming before the board. Any member of the board while temporarily acting as chairman shall have and exercise like authority."

Sec. 8.  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 the Act as a whole nor of any part thereof other than the part so declared to be unconstitutional or invalid.

Sec. 9.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 10.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 6th day of July, 1967.