(A) Zoning map adoption or amendments. A cause of action as to the validity of any regulation adopting or amending a zoning map adopted under this chapter or other applicable law or a development agreement adopted under §§ 154.185 through 154.218 of this chapter accrues upon adoption of the ordinance and shall be brought within 60 days as provided in G.S. § 1-54.1. For similar state law provisions, refer to G.S. § 160D-1405(a).
(B) Text adoption or amendment. Except as otherwise provided in division (A) of this section, an action challenging the validity of a development regulation adopted under this chapter or other applicable law shall be brought within one year of the accrual of such action. Such an action accrues when the party bringing such action first has standing to challenge the ordinance. A challenge to an ordinance on the basis of an alleged defect in the adoption process shall be brought within three years after the adoption of the ordinance. For similar state law provisions, refer to G.S. § 160D-1405(b).
(C) Enforcement defense. Nothing in this section or in G.S. § 1-54(10) or G.S. 1-54.1 bars a party in an action involving the enforcement of a development regulation G.S. § 160D-1403.1 or in an action under G.S. Chapter 160D from raising as a claim or defense in the proceedings the enforceability or the invalidity of the ordinance. Nothing in this section or in G.S. § 1-54(10) or G.S. § 1-54.1 bars a party who files a timely appeal from an order, requirement, decision, or determination made by an administrative official contending that the party is in violation of a development regulation from raising in the judicial appeal the invalidity of the ordinance as a defense to the order, requirement, decision, or determination. A party in an enforcement action or appeal may not assert the invalidity of the ordinance on the basis of an alleged defect in the adoption process unless the defense is formally raised within three years of the adoption of the challenged ordinance. For similar state law provisions, refer to G.S. § 160D-1405(c).
(D) Termination of grandfathered status. When a use constituting a violation of a zoning or unified development ordinance is in existence prior to adoption of the zoning or unified development ordinance creating the violation, and that use is grandfathered and subsequently terminated for any reason, a local government shall bring an enforcement action within ten years of the date of the termination of the grandfathered status, unless the violation poses an imminent hazard to health or public safety. For similar state law provisions, refer to G.S. § 160D-1405(a).
(E) Quasi-judicial decisions. Unless specifically provided otherwise, a petition for review of a quasi-judicial decision shall be filed with the clerk of superior court by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance with G.S. § 160D-406(j). When first-class mail is used to deliver notice, three days shall be added to the time to file the petition.
For similar state law provisions, refer to G.S. § 60D-1405(e).
(F) Others. Except as provided by this section, the statutes of limitations shall be as provided in G.S. Chapter 1, subchapter 11. For similar state law provisions, refer to G.S. § 160D-1405(f).
(Ord. 23-241, passed 7-18-2023)