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Agenda - 11-01-2011 - 5h
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Agenda - 11-01-2011 - 5h
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12/1/2011 11:26:04 AM
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BOCC
Date
11/1/2011
Meeting Type
Regular Meeting
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Agenda
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5h
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Minutes 11-01-2011
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25 <br />basis of an alleged deft in the ado tp ion .process unless the defense is formally raised within <br />three years of the adoption of the challenged ordinance." <br />SECTION 4. G.S. 160A-364.1 reads as rewritten: <br />"§ 160A-364.1. Statute of limitations. <br />~ A cause of action as to the validity of any zei~go=~~^°, ^-- m° a * *~ * , <br />ordinance adopting or amending a zoning map or apTrovin~ a special use conditional use or <br />conditional zonine district request adopted under this Article or other applicable law shall <br />accrue upon adoption of tke-er13Ee; eeodment-~ezeta, such ordinance and shall be <br />brought within two months as provided in G.S. 1-54.1. <br />Except as otherwise provided in subsection (a) of this section, an action challenging <br />the validi ~ of an zoning or unified development ordinance or andprovision thereof adopted <br />under this Article or other applicable law shall he brought within one year of the accn~al of <br />ption process shall be brought within three years after tl <br />Nothing in this section or in G.S. 1-54(10) or <br />in G.S. 1-54(10) or G.S. 1-54.1 shall bar a party who <br />requirement, decision, or determination made by an adm <br />party is in violation of a zoning or unified development < <br />invalidity of such ordinance as a defense to such order, r <br />A party in an enforcement action or appeal may not asse <br />basis of an alleged deft in the adoption process unless <br />three years of the adoption of the challenged ordinance." <br />SECTION 5. G.S. 153A-340 is amended by <br />"~ An ordinance adopted pursuant to this se. <br />detached residential uses constructed in accordance w <br />Code on lots greater than 10 acres in size in zoning c <br />(50%1 of the land is in use for aericultural or silvicultur <br />uch action first has standing to <br />asis of an alleged defect in the <br />option of the ordinance. <br />1-54.1 shall bar a party in an <br />ment ordinance from raising as <br />ance. Nothing in this section or <br />timel,~ppeal from an order, <br />ve official contending that such <br />:e from raising in the appeal the <br />lent decision, or determination. <br />validity of the ordinance on the <br />Sense is formally raised within <br />a new subsection to read: <br />gall not prohibit single-family <br />North Carolina State Building <br />where more than fifthpercent <br />Sriall nOi apply LO commercial Or 1naUSii'iai QISII'iciS Wnere a broad variety OI commercial Or <br />industrial uses are permissible. An ordinance adopted pursuant to this section shall not require <br />that a lot greater than 10 acres in size have frontage on a public road or count-approved <br />private road, or be served by public water or sewer lines, in order to be develo ep d for <br />single-family residential purposes." <br />SECTION 6. The LRC, in consultation with the NC Home Builders Association <br />and NC Association of County Commissioners, shall study the extent to which counties shall <br />be able to require that lots exempt from county subdivision regulations must be accessible to <br />emergency services providers, along with any issues deemed relevant by the LRC. The LRC <br />may provide an interim report, including any recommendations and any legislative proposals to <br />the General Assembly by May 1, 2012, and shall provide a final report, including any <br />recommendations and any legislative proposals to the General Assembly by January 15, 2013. <br />Page 2 Session Law 2011-384 SL2011-0384 <br />
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