AN ACT TO CLARIFY WHEN A COUNTY OR MUNICIPALITY MAY ENACT ZONING ORDINANCES RELATED TO DESIGN AND AESTHETIC CONTROLS. Enacted June 19, 2015. Effective June 19, 2015.
ZONING/DESIGN & AESTHETIC CONTROLS.
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View NCGA Bill Details | 2015-2016 Session |
AN ACT TO CLARIFY WHEN A COUNTY OR MUNICIPALITY MAY ENACT ZONING ORDINANCES RELATED TO DESIGN AND AESTHETIC CONTROLS.Intro. by Gunn, Apodaca, Tarte.
Bill History:
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Tue, 3 Feb 2015 Senate: Filed
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Wed, 4 Feb 2015 Senate: Passed 1st Reading
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Wed, 4 Feb 2015 Senate: Ref To Com On Rules and Operations of the Senate
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Mon, 20 Apr 2015 Senate: Withdrawn From Com
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Mon, 20 Apr 2015 Senate: Re-ref Com On Commerce
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Thu, 23 Apr 2015 Senate: Reptd Fav
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Mon, 27 Apr 2015 Senate: Passed 2nd Reading
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Mon, 27 Apr 2015 Senate: Passed 3rd Reading
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Tue, 28 Apr 2015 Senate: Regular Message Sent To House
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Tue, 28 Apr 2015 House: Regular Message Received From Senate
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Wed, 29 Apr 2015 House: Passed 1st Reading
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Wed, 29 Apr 2015 House: Ref To Com On Regulatory Reform
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Mon, 8 Jun 2015 House: Reptd Fav
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Mon, 8 Jun 2015 House: Cal Pursuant Rule 36(b)
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Mon, 8 Jun 2015 House: Placed On Cal For 06/09/2015
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Tue, 9 Jun 2015 House: Passed 2nd Reading
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Tue, 9 Jun 2015 House: Passed 3rd Reading
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Tue, 9 Jun 2015 House: Ordered Enrolled
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Wed, 10 Jun 2015 Ratified
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Thu, 11 Jun 2015 Pres. To Gov. 06/11/2015
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Fri, 19 Jun 2015 Signed by Gov. 6/19/2015
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Fri, 19 Jun 2015 Ch. SL 2015-86
Bill Summaries:
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Bill S 25 (2015-2016)Summary date: Jun 22 2015 - View Summary
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Bill S 25 (2015-2016)Summary date: Feb 3 2015 - View Summary
Identical to H 36 filed on 2/03/15.
Amends GS Chapter 160A (Cities and Towns) and GS Chapter 153A (Counties) by adding new GS 160A-381(h) and GS 153A-340(l), prohibiting the application of zoning and development ordinances relating to building design elements 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) to structures subject to North Carolina's Residential Code for One- and Two-Family Dwellings except in the following situations: (1) structures are in areas designated as local historic districts; (2) structures are located in an area designated as a historic district on the National Register of Historic Places; (3) structures are designated as 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 housing, consistent with GS 160A-383.1 and GS 153A-341.1 (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 these new subsections 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 s a part of obtaining a zoning amendment, or a zoning, subdivision, or development approval. 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. Defines building design elements and specifies items excluded from the term.
Provides that nothing in GS 160A-381(h) or GS 153A-340(l) will affect the validity or enforceability of private convenants or other contractual agreements among property owners relating to building design elements.
Effective when the act becomes law and provides that the act clarifies and restates the intent of existing law and applies to ordinances adopted before, on, and after the effective date.