ZONING/DESIGN & AESTHETIC CONTROLS.

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View NCGA Bill Details2013-2014 Session
House Bill 150 (Public) Filed Tuesday, February 26, 2013
A BILL TO BE ENTITLED AN ACT TO CLARIFY WHEN A COUNTY OR MUNICIPALITY MAY ENACT ZONING ORDINANCES RELATED TO DESIGN AND AESTHETIC CONTROLS.
Intro. by Dollar, W. Brawley, Moffitt, Jordan.
Status: Re-ref Com On Rules and Operations of the Senate (Senate Action) (May 19 2014)

SOG comments (1):

Identical bill

Submitted by jhenders@sog.unc.edu on

Identical to S 139, filed 2/26/13.

Bill History:

H 150

Bill Summaries:

  • Bill H 150 (2013-2014)
    Summary date: Apr 23 2013 - View Summary

    Senate committee substitute makes the following changes to the 3rd edition.

    Makes a technical change.

    Amends GS 160A-381(g) to allow enforcement of zoning and development regulation ordinances relating to building design elements when the structures are located in an area designated as an historic district on the National Register of Historic Places (was, structures listed in the National Register of Historic Places).

    Amends GS 160A-381(g) and GS 153A-340(k), providing that the phrase building design elements does not include regulations adopted pursuant to this Article governing the permitted uses of land or structures subject to North Carolina Residential Code for One- and Two-Family Dwellings. Makes conforming changes, deleting GS 160A-381(g)(7) and GS 153A-340(k)(7), an exception allowing the enforcement of regulations and zoning ordinances related to design and aesthetic controls.

    Amends the enacting clause, providing that it is effective when it becomes law and that it clarifies and restates the intent of existing law and applies to ordinances adopted before, on, and after the effective date (previously, once effective it applied to development approvals granted on or after that date).

    Building and Construction, Land Use, Planning and Zoning, Local Government
    GS 153A, GS 160A
  • Bill H 150 (2013-2014)
    Summary date: Mar 20 2013 - View Summary

    House amendment #2 makes the following changes to the 2nd edition, as amended.

    Replaces Registry with Register, making GS 153A-340(g)(2) read, "The structures are listed on the National Register of Historic Places."

    Amends GS 153A-340(g) by adding a new circumstance where the regulations of the zoning and development bill can be enforced for structures subject to regulation under the code for one- and two-family dwellings, GS 153A-340(g)(7), which reads, "Where the regulations adopted pursuant to this Article governing the permitted uses of land or structures subject to the North Carolina Residential Code for One- and Two-family Dwellings."

    Building and Construction, Land Use, Planning and Zoning, Local Government
    GS 153A, GS 160A
  • Bill H 150 (2013-2014)
    Summary date: Mar 19 2013 - View Summary

    House amendment to the 2nd edition makes the following changes. Amends GS 160A-381(g)(4) and GS 153A-340(k)(5) to remove references to modular housing.

    Building and Construction, Land Use, Planning and Zoning, Local Government
    GS 153A, GS 160A
  • Bill H 150 (2013-2014)
    Summary date: Mar 14 2013 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Makes technical and clarifying changes.

    Amends GS 160A-381, by adding a new subsection GS 160A-381(h), which provides that nothing in GS 160A-381(g) will affect the validity or enforceability of private convenants or other contractual agreements among property owners relating to building design elements.

     

    Building and Construction, Land Use, Planning and Zoning, Local Government
    GS 153A, GS 160A
  • Bill H 150 (2013-2014)
    Summary date: Feb 26 2013 - View Summary

    Amends GS 160A (Cities and Towns) and GS 153A (Counties) by adding new GS 160A-381(g) and GS 153A-340(k), prohibiting zoning and subdivision development and aesthetic regulations as well as regulations adopted pursuant to recommendations made under GS 160A-452(6)c. (a governing development board's recommendation for the adoption of certain regulations that will enhance the appearance of the municipality or its surrounding areas) concerning building design elements from applying to structures subject to North Carolina's Residential Code for One- and Two-Family Dwellings except to the following structures or situations: (1) structures in areas designated as local historic districts; (2) structures in areas listed on the National Registry of Historic Places; (3) structures located in designated local, state, or national historic landmarks; (4) the regulations are directly and substantially related to  applicable safety codes under GS 143-138 (North Carolina State Building Code); (5) where the regulations apply to manufactured or modular housing, consistent to GS 160A-383.1 (zoning regulations for manufactured homes) and federal law; and (6) where such regulations are adopted as a condition of participation in the National Flood Insurance Program.

    Regulations prohibited by this section cannot be applied in any zoning district, special use district, conditional use district, or conditional district unless consented to by all of the owners of all of the property to which they can be applied. Such regulations also cannot be applied indirectly as part of the review pursuant to GS 160A-383 or GS 153A-341 (accordance of zoning regulations with a comprehensive development plan) or any other applicable adopted plan.

    Effective when the act becomes law and applies to development approvals granted on or after that date.

    Building and Construction, Land Use, Planning and Zoning, Local Government
    GS 153A, GS 160A
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