North Carolina § 63-33 - Procedure.

§ 63-33. Procedure.

Adoption of Zoning Regulations. - No airport zoning regulations shall be adopted, amended, or changed under this Article except by action of the legislative body of the political subdivision in question, or the joint board provided for in G.S. 63-31, subsection (c), following the procedures set for adoption of development regulations in Article 6 of Chapter 160D of the General Statutes. Administration of Zoning Regulations - Administrative Agency. - The legislative body of any political subdivision adopting airport zoning regulations under this Article may delegate the duty of administering and enforcing such regulations to any administrative agency under its jurisdiction, or may create a new administrative agency to perform such duty, but such administrative agency shall not be or include any member of the board of appeals. The duties of such administrative agency shall include that of hearing and deciding all permits under G.S. 63-32, subsection (a), but such agency shall not have or exercise any of the powers delegated to the board of appeals. Administration of Airport Zoning Regulations - Board of Appeals. - Airport zoning regulations adopted under this Article shall provide for a board of appeals to have and exercise the following powers: To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of this Article. To hear and decide special use permits upon which such board may be required to pass under such ordinance. To hear and decide specific variances. A zoning board of adjustment may be appointed as the board of appeals. Otherwise, the board of appeals shall consist of five members, each to be appointed for a term of three years and to be removable for cause by the appointing authority upon written charges and after public hearing. G.S. 160D-405 and G.S. 160D-406 shall be applicable to appeals, special use permits, and variance petitions made pursuant to this section. History (1941, c. 250, s. 5; 1981, c. 891, s. 11; 2019-111, s. 2.5(e); 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) Local Modification. - City of Wilson: 1961, c. 635; 1963, c. 151. Editor's Note. - Session Laws 2019-111, s. 3.2, as amended by Session Laws 2020-3, s. 4.33(a), made the rewriting of subsections (a) and (c) by Session Laws 2019-111, s. 2.5(e), 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." The references in subsection (c) to "G.S. 160D-4-5 and G.S. 160D-4-6" was changed to "G.S. 160D-405 and G.S. 160D-406" to conform to the renumbering of enacted sections in Session Laws 2019-111 at the direction of the Revisor of Statutes. Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2019-111, s. 2.5(e), rewrote subsections (a) and (c). For effective date and applicability, see editor's note.