CLARIFY NONCONFORMING USES.

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View NCGA Bill Details(link is external)2025-2026 Session
Senate Bill 587 (Public) Filed Tuesday, March 25, 2025
AN ACT TO CLARIFY NONCONFORMITIES IN LAND DEVELOPMENT REGULATIONS.
Intro. by Lazzara, Sawrey.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Mar 26 2025)
S 587

Bill Summaries:

  • Summary date: Mar 28 2025 - View Summary

    Amends GS 160D-102, adding nonconformity to the defined terms for the Chapter, which governs local planning and development regulation. Enacts new GS 160D-108.2 deeming amendments in land development regulations not applicable or enforceable without the written consent of the owner with regard to a nonconformity. Defines nonconformity to mean and of four described categories, including lots, parcels, tracts, structures, uses, dwellings, accessory buildings, accessory structures, outdoor lighting, fences, walls, signs, off-street parking, vehicular surface areas, or private access points, that was lawfully operated, established, or commenced in accordance with applicable development regulations in effect at the time the nonconformity became nonconforming so long as the nonconformity is not extended, expanded, enlarged, increased, or intensified. Lists four provisions that apply to vested rights in a nonconformity under the new statute, including that (1) the establishment of vested rights does not preclude vesting under one or more provisions of law or vesting by application of common law principles; and (2) a nonconformity may continue until intentionally and voluntarily discontinued. Sets the statutory vesting period to expire if the nonconformity is intentionally and voluntarily discontinued for a period of no less than 24 consecutive months, with three specified events that automatically toll the 24-month discontinuance period. Directs that reconstruction, re-establishment, repair, and maintenance of a nonconformity must be allowed by right provided the nonconformity is not extended, expanded, enlarged, increased, or intensified by the reconstruction, re-establishment, repair, or maintenance. Excludes from the scope of the new statute outdoor advertising and on-premises advertising as governed by GS 160D-912 and GS 160D-912.1, respectively. 

    Eliminates the statutory vesting period for nonconforming uses of property issued a development permit set forth in GS 160D-108. Further amends the statute to add that the 24-month development discontinuance period, which triggers the expiration of the statutorily vested rights under the statute, is automatically tolled for the duration of any emergency declared under specified state law for which the defined emergency area includes the property or any portion thereof. Specifies that the process to claim a statutory or common law vested right described under the statute applies to claiming vested rights in a nonconformity under new GS 160D-108.2.

    Amends GS 63-36 to defined nonconformity by statutory cross-reference to GS 160D-102, as amended.

    Amends GS 160A-31 and GS 160A-58.1 to include whether there are vested rights under GS 160D-108.2 in the signed statements cities may require of petitions for annexation of corporate limits or noncontiguous areas with regards to properties subject to the petition.

    Regarding the duration of development approvals under GS 160D-403, specifies that the statute does not limit any vested rights secured under new GS 160D-108.2.

    Makes conforming changes to GS 106D-108.1; GS 63-31; and GS 63-36.

    Replaces GS 136-131.5(c) to specify that a nonconforming sign cannot be relocated unless the nonconforming sign is brought into conformity with State law, rules, and regulations (previously contained a substantively similar requirement but referred to nonconformity).

    Amends GS 136-131, providing that trees existing at the time the outdoor advertising sign was erected can only be removed within the zone established under the statute if (1) the applicant reimburses the Department of Transportation (DOT), or (2) trees that existed at the time of the erection of the outdoor advertising sign (was, sign) can be removed if the applicant agrees to remove two nonconforming signs (was, outdoor advertising signs) for each outdoor advertising sign (was, sign) at which removal of existing trees is requested.

    Amends GS 106D-912, clarifying that the term "off-premises outdoor advertising" includes off-premises outdoor advertising sign (was, outdoor advertising) visible from the main-traveled way of any road. Makes changes to consistently refer to "off-premises outdoor advertising". Authorizes local governments to require removal of an off-premises outdoor advertising that is not in compliance with a development regulation (was, an off-premises outdoor advertising sign that is nonconforming under a local ordinance). Makes conforming changes throughout to refer to off-premises outdoor advertising that are not in compliance with a development regulation rather than nonconforming. Specifies that the statute does not diminish the rights given to owners or operators of nonconformities or outdoor advertising signs under specified state law, including new GS 160D-108.2. Makes technical changes.

    Similarly, amends GS 160D-912.1 to refer to on-premises advertising signs that are not in compliance with a development regulation rather than nonconforming. Specifies that the statute does not diminish the rights given to owners or operators of nonconformities as set forth in state law, including new GS 160D-108.2. Makes technical changes.

    Amends GS 106D-601, as amended by SL 2024-57, Section 3K.1, to require written consent of property owners whose property is subject to a down-zoning amendment before an amendment to a zoning regulation (was, zoning regulations or zoning map) can be initiated, enacted, or enforced, unless the amendment is initiated by the local government (previously provided no exception). Amends the definition of "down-zoning" to include reducing the substantive permitted uses (previously, permitted uses) of the land specified in the zoning regulation (previously, or included land development regulation) to fewer uses than were allowed under its previous usage, and deletes the qualification for regulations creating any type of nonconformity on land that is not in a residential zoning district. Applies retroactively to December 11, 2024. Requires any development ordinance affected by Section 3K of SL 2024-57 to be treated as if it remained in effect from June 14, 2024, to December 11, 2024.

    Applies to nonconformity existing on or after December 11, 2024.