Bill Text: NC S255 | 2015-2016 | Regular Session | Amended
Bill Title: Durham Voluntary Annexation Petitions
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-06-22 - Re-ref Com On Finance [S255 Detail]
Download: North_Carolina-2015-S255-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S 1
SENATE BILL 255
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Short Title: Durham Voluntary Annexation Petitions. |
(Local) |
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Sponsors: |
Senators McKissick and Woodard (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate. |
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March 12, 2015
A BILL TO BE ENTITLED
AN ACT amending the charter of the city of durham to allow the planning commission and the city council to give notice of and hold public hearings on applications for initial zoning of property subject to a voluntary annexation petition prior to the passage of an annexation ordinance.
The General Assembly of North Carolina enacts:
SECTION 1. Section 89 of the Charter of the City of Durham, being Chapter 671 of the 1975 Session Laws, as amended by Chapter 694 of the 1981 Session Laws, reads as rewritten:
"Sec. 89. Enactment of Ordinances Prior to Effective
Date of Annexation. – The City Council and the Planning and Zoning Commission
of the City are hereby authorized and empowered, after the passage of an
annexation ordinance and prior to the date upon which the territory described
therein is actually annexed to the City, to initiate, hold hearings upon, adopt
resolutions providing for public hearings, conduct public hearings upon such
resolutions, petitions, proposals, and ordinances and the Council is further
empowered to enact zoning ordinances, for the determination of zone boundaries
and allocation of the area into zoning, classifications and districts, and the
application of zoning regulations and restrictions, to be applicable to the
territory described in the annexation ordinances to be annexed. Further,
upon the receipt of a voluntary annexation petition under Part 1 or Part 4 of
Article 4A of Chapter 160A of the General Statutes, the Planning Commission is
hereby authorized and empowered to give notice of and hold public hearings to
review and provide comment to the City Council on applications for the initial
City zoning of property subject to the voluntary annexation petition prior to
the passage of an annexation ordinance. The City Council is authorized to give
notice of public hearings required for the initial zoning of property subject to
a voluntary annexation petition prior to the passage of an annexation
ordinance. However, the City Council shall only conduct the initial zoning
public hearings and vote on the initial zoning of property subject to a
voluntary annexation petition after the passage of an annexation ordinance. But
no such establishment of zone boundaries or any zoning regulations or
restrictions in such annexed territory described in the annexation ordinances
shall be effective until the effective date upon which the area is actually
annexed to the City as provided in the annexation ordinances, but at that time
such zoning regulations and restrictions and boundaries shall simultaneously
become effective with such annexation. This section does not limit the
authority of the City to exercise its extraterritorial jurisdiction pursuant to
Article 19 of Chapter 160A of the North Carolina General Statutes."
SECTION 2. This act is effective when it becomes law.
