REGULATION OF ACCESSORY DWELLING UNITS.

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View NCGA Bill Details(link is external)2025-2026 Session
Senate Bill 495 (Public) Filed Tuesday, March 25, 2025
AN ACT TO INCREASE AFFORDABLE HOUSING BY ALLOWING FOR THE CONSTRUCTION OR SITING OF ACCESSORY DWELLING UNITS.
Intro. by Moffitt, Mayfield.

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

SOG comments (1):

Identical bill

Identical to H 627, filed 3/31/25.

S 495

Bill Summaries:

  • Summary date: Mar 25 2025 - View Summary

    Enacts new GS 160D-917 requiring local governments to allow at least one accessory dwelling that conforms to the North Carolina Residential Code for One- and Two-Family Dwellings for each single-family detached dwelling in areas zoned for residential use that allow for development of single-family detached dwellings. Defines accessory dwelling unit as an attached or detached residential structure that is used in connection with, or that is an accessory to, a primary single-family detached dwelling and that has less total square footage than the primary single-family detached dwelling. Allows the accessory dwelling unit to be built or sited concurrently or after the primary detached dwelling has been constructed or sited. Prohibits a local government from taking six specified actions when permitting accessory dwelling units, including requiring placement in a conditional zoning district, establishing minimum parking requirements or parking restrictions, or setting a maximum unit size of less than 800 square feet. Sets out what a local government can do concerning setbacks, and unit location requirements and size. Specifies that the statute does not apply to: (1) the validity or enforceability of private covenants or other contractual agreements among property owners related to dwelling type restrictions; (2) properties located in a historic preservation district established pursuant to Part 4 of this Article; (3) properties designated as a National Historic Landmark by the US Department of Interior; or (4) an accessory dwelling unit that is not connected to water and sewer. Applies to applications for accessory dwelling unit permits submitted on or after October 1, 2025.

    Specifies that a local government that has enacted an ordinance meeting the requirements of this act and GS 160D-917, is not required to adopt a new ordinance.

    Requires local governments to adopt development regulations to implement the provisions in this act by January 1, 2027; if they fail to do so, accessory dwelling units will be allowed in that local government without any limitations.