Bill Summary for S 139 (2013-2014)

Summary date: 

Feb 26 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 139 (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 Clodfelter, Gunn, Tarte.

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Bill summary

Identical to H 150, filed 2/26/13.

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.

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