GENERAL ASSEMBLY OF NORTH CAROLINA
AN ACT AMENDING THE CHARTER OF THE CITY OF FAYETTEVILLE REGARDING ZONING HEARINGS.
The General Assembly of North Carolina enacts:
Section 1. Section 3 of Chapter 756 of the 1981 Session Laws, being Section 8.17 of the Charter of the City of Fayetteville, reads as rewritten:
"Sec. 3. G.S. 160A-364 is amended by rewriting said paragraph to read as follows:
(1) Before the City of
Fayetteville may adopt or amend any ordinance pursuant to Part 3 of this
the Cumberland County Joint Planning Board a planning agency
as defined by G.S. 160A-361 shall hold a public hearing on it. A
notice of the public hearing shall be given once a week for two successive
calendar weeks in a newspaper having general circulation in the area. The
notice shall be published the first time not less than 10 days nor more than 25
days before the date fixed for the hearing. In computing such period, the
day of publication is not to be included, but the day of the hearing shall be
(2) Any person aggrieved
by the recommendation of the
Cumberland County Planning Board planning
agency shall have the right to appeal the action of the planning board in
writing to the Clerk of the City of Fayetteville within 10 days of the action
of the planning board. agency. If an appeal is timely filed, then
the city council shall hold a public hearing with prior notice being published
in accordance with subparagraph (1).
(3) If the planning
agency's recommendation was to rezone the property, and no appeal is
filed pursuant to subparagraph (2), then at its next regular council meeting
following the expiration of the time provided for appeal in subparagraph (2)
above, the city council shall have the right to adopt the rezoning without
further public hearing. A rezoning shall be defined as any change in the
zoning classification of property, whether it be in whole, in part, or a
combination of new classifications, or an initial zoning of property added to
the city's jurisdiction by annexation or other action.
(4) If the action of the
board agency was to recommend denial of the petition,
and no appeal is taken within the time prescribed pursuant to subparagraph (2),
then, the action recommended by the planning board agency shall
be deemed to be the final action of the city council."
Sec. 2. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 21st day of June, 1996.
Dennis A. Wicker
President of the Senate
Harold J. Brubaker
Speaker of the House of Representatives