North Carolina § 1-54 - 1. Two months.

§ 1-54. 1. Two months.

Within two months an action contesting the validity of any ordinance adopting or amending a zoning map conditional zoning district rezoning request under Article 7 of Chapter 160D of the General Statutes. Such an action accrues upon adoption of such ordinance or amendment. As used herein, the term two months shall be calculated as 60 days. History (1981, c. 705, s. 1; c. 891, s. 4; 1991 (Reg. Sess., 1992), c. 1030, s. 1; 1995 (Reg. Sess., 1996), c. 746, s. 5; 2011-384, s. 2; 2019-111, s. 2.5(b); 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) Local Modification. - Union: 1987, c. 604, s. 2(2). Editor's Note. - Session Laws 2019-111, s. 3.2, as amended by Session Laws 2020-3, s. 4.33(a), made the amendment of this section by Session Laws 2019-111, s. 2.5(b), effective August 1, 2021, and applicable to local government development regulation decisions made on or after that date, and further provided that: "Part II of this act clarifies and restates the intent of existing law and applies to ordinances adopted before, on, and after the effective date." Session Laws 2020-25, s. 51(a), (b), and (d), effective June 19, 2020, repealed Session Laws 2019-111, s. 3.2, and Session Laws 2020-3, s. 4.33(a), and provides: "Part II of S.L. 2019-111 [which amended this section] is effective when this act becomes law [June 19, 2020]. Part II of S.L. 2019-111 clarifies and restates the intent of law existing on the effective date of this act [June 19, 2020] and applies to ordinances adopted before, on, and after that date. Valid local government development regulations that are in effect at the time of the effective date of Part II of S.L. 2019-111 remain in effect but local governments shall amend those regulations to conform to the provisions of Part II of S.L. 2019-111 on or before July 1, 2021. Part II of S.L. 2019-111 applies to local government development regulation decisions made on or after the earlier of: "(1) The effective date of the amendments to local development regulations made to conform to the provisions of Part II of S.L. 2019-111 or "(2) July 1, 2021." Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2011-384, s. 2, effective July 1, 2011, rewrote the first sentence, which formerly read: "Within two months an action contesting the validity of any zoning ordinance or amendment thereto adopted by a county under Part 3 of Article 18 of Chapter 153A of the General Statutes or other applicable law or adopted by a city under Chapter 160A of the General Statutes or other applicable law," and added the second sentence. Session Laws 2019-111, s. 2.5(b), in the first sentence, deleted "or approving a special use, conditional use" following "zoning map" near the middle, and substituted "Article 7 of Chapter 160D of the General Statutes" for "Part 3 of Article 18 of Chapter 153A of the General Statutes or Part 3 of Article 19 of Chapter 160A of the General Statutes or other applicable law" at the end, and added the second sentence. For effective date and applicability, see editor's note.