GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

 

 

CHAPTER 338

HOUSE BILL 603

 

AN ACT TO PERMIT THE TOWN OF CORNELIUS TO USE CONDITIONAL USE ZONING DISTRICTS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The Charter of the Town of Cornelius as enacted by Chapter 367 of the Private Laws of 1905 and amended by Chapter 48 of the 1959 Session Laws and Chapter 496 of the 1967 Session Laws is further amended by adding a new section to read:

"Sec. 6.1. In addition to the powers granted to the Town in G.S. 160A-381 et seq., the Town may provide for the creation of conditional use zoning districts.

It is the purpose and intent of this section to permit the Town to create, through the legislative process, both general use districts, in which a variety of uses are permitted, and conditional use districts, in which limited uses are permitted only upon approval by the Town.

A person petitioning for rezoning of a tract of land where conditional use districts are authorized by ordinance, may elect to request a general use district or a conditional use district for the tract. If the petitioner elects to petition for the general use zoning, and if the petition is approved, the rezoned property may be used for any of the uses permitted in the applicable general use district. If the petitioner elects to petition for conditional use district zoning, the petition must specify the actual use or uses which are intended for the property specified in the petition. If the petition is for conditional use district zoning, the Town is to approve or disapprove the petition on the basis of the specific use or uses requested."

Sec. 2.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 6th day of June, 1985.