Bill Text: NC H254 | 2013-2014 | Regular Session | Chaptered
Bill Title: Zoning Changes/Notice to Military Bases
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-30 - Ch. SL 2013-59 [H254 Detail]
Download: North_Carolina-2013-H254-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-59
HOUSE BILL 254
AN ACT amending the requirements related to notice of land‑use planning and zoning changes to be given to a military base by counties or cities near the military base.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 153A‑323(b) reads as rewritten:
"(b) If the adoption or
modification of the ordinance would result in any of the changes to the
zoning map or would change or affect the permitted uses of land listed in
this subsection and those changes would be located five miles or less from
the perimeter boundary of a military base, the board of commissioners shall
provide written notice of the proposed changes by certified mail, return
receipt requested, or by any other written means reasonably designed to
provide actual notice, to the commander of the military base or the
commander's designee not less than 10 days nor more than 25 days before the
date fixed for the public hearing. Prior to the date of the public hearing,
the military may provide comments or analysis to the board regarding the
compatibility of the proposed changes with military operations at the base. If the
board does not receive a response within 30 days of the notice, the military is
deemed to waive the comment period. If the military provides comments or
analysis regarding the compatibility of the proposed ordinance or amendment
with military operations at the base, the board of commissioners shall take the
comments and analysis into consideration before making a final determination on
the ordinance. The proposed changes requiring notice are:
(1) Changes to the zoning map.
(2) Changes that affect the permitted uses of land.
(3) Changes relating to telecommunications towers or windmills.
(4) Changes to proposed new major subdivision preliminary plats.
(5) An increase in the size of an approved subdivision by more than fifty percent (50%) of the subdivision's total land area including developed and undeveloped land."
SECTION 2. G.S. 160A‑364(b) reads as rewritten:
"(b) If the adoption or
modification of the ordinance would result in any of the changes to the
zoning map or would change or affect the permitted uses of land listed in
this subsection and those changes would be located five miles or less from
the perimeter boundary of a military base, the board of commissioners shall
provide written notice of the proposed changes by certified mail, return
receipt requested, or by any other written means reasonably designed to
provide actual notice, to the commander of the military base or the
commander's designee not less than 10 days nor more than 25 days before the
date fixed for the public hearing. Prior to the date of the public hearing,
the military may provide comments or analysis to the board regarding the
compatibility of the proposed changes with military operations at the base. If the
board does not receive a response within 30 days of the notice, the military is
deemed to waive the comment period. If the military provides comments or
analysis regarding the compatibility of the proposed ordinance or amendment
with military operations at the base, the board of commissioners shall take the
comments and analysis into consideration before making a final determination on
the ordinance. The proposed changes requiring notice are:
(1) Changes to the zoning map.
(2) Changes that affect the permitted uses of land.
(3) Changes relating to telecommunications towers or windmills.
(4) Changes to proposed new major subdivision preliminary plats.
(5) An increase in the size of an approved subdivision by more than fifty percent (50%) of the subdivision's total land area including developed and undeveloped land."
SECTION 3. This act is effective when it becomes law and applies to planning and zoning changes initiated on or after that date.
In the General Assembly read three times and ratified this the 22nd day of May, 2013.
s/ Daniel J. Forest
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 04:32 p.m. this 30th day of May, 2013