Bill Summary for S 675 (2023-2024)

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Summary date: 

Apr 13 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 675 (Public) Filed Thursday, April 6, 2023
AN ACT TO ALLOW THE SITING OF SCHOOLS VIA SPECIAL USE PERMIT FOR AREAS ZONED FOR COMMERCIAL USE; TO CLARIFY THAT USE RIGHTS ON PROPERTY ARE NOT EXTINGUISHED BY THE APPROVAL OF ADDITIONAL USE RIGHTS; AND TO ELIMINATE MUNICIPAL EXTRATERRITORIAL JURISDICTION.
Intro. by Lee, Craven, Galey.

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Bill summary

Parts I.

Enacts new GS 160D-917 to require local government zoning regulation to allow, by right or special use, a school that is primarily used for student instruction and is under the control of a public school unit to be sited in areas zoned for commercial use.

Part II.

Amends GS 160D-108 by adding that a vested right obtained by permit or other local government approval must not preclude the use or extinguish the existence of any other vested right or use by right attached to the property.

Amends GS 160D-705 by adding that if a special use permit expires and does not vest, the current zoning classification or regulation for the property applies.

Part III.

Amends GS 160D-201 by limiting a city's exercise of powers granted by GS Chapter 160D to within the city's corporate limits, no longer including extraterritorial areas. Amends the following by removing provisions related to extraterritorial jurisdiction and areas: GS 160D-202 (municipal extraterritorial jurisdiction), GS 160D-602 (notice of hearing on proposed zoning map amendments), GS 160D-903 (agricultural uses), GS 160D-912 (outdoor advertising), GS 160D-925 (stormwater control), GS 160D-1125 (enforcement), and GS 113A-208 (regulation of mountain ridge construction by counties and cities).

Repeals GS 160D-307, Extraterritorial representation on boards. Repeals any provision in a local act granting a city the power to exercise extraterritorial planning jurisdiction under Article 19 (Planning and Regulation of Development) of GS Chapter 160A, or its successor, GS Chapter 160D.

Specifies that the relinquishment of jurisdiction over an area that a city is regulating under the authority of extraterritorial planning jurisdiction under Article 19 of GS Chapter 160A, or its successor GS Chapter 160D, become effective January 1, 2025. Provides, however, that a city is not prohibited from relinquishing jurisdiction over an area prior to January 1, 2025, so long as the city complies with the provisions of Article 19 of GS Chapter 160A, or its successor, GS Chapter 160D.

Provides upon relinquishment of jurisdiction over an area that a city is regulating under the authority of extraterritorial planning jurisdiction the following apply. (1) The city regulations and powers of enforcement remain in effect until the earlier of (a) the county has adopted the regulation or (b) a period of 60 days has elapsed following the effective date of this Part, whichever is sooner. Allows a county, during this period, to hold hearings and take other measures needed to adopt its regulations for the area. (2) Allows any person who has acquired vested rights under a permit, certificate, or other evidence of compliance issued by the city to exercise those rights as if no change of jurisdiction had occurred. Allows the county acquiring jurisdiction to take any action regarding the permit, certificate, or other evidence of compliance that could have been taken by the city surrendering jurisdiction. Makes any building, structure, or other land use in a territory over which a county has acquired jurisdiction subject to the county's ordinances and regulations.

Amends the definitions that apply to GS Chapter 122C (Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985) by amending GS 122C-3 by adding and defining extraterritorial jurisdiction to mean the boundaries of the area over which the Town of Butner was exercising extraterritorial planning jurisdiction under Article 19 of GS Chapter 160A, or its successor, GS Chapter 160D, before to the Town's relinquishment of jurisdiction over the area on or before January 1, 2025. Makes conforming changes to GS 122C-403, GS 122C-405, and GS 122C-410.

Amends GS 130A-317 by defining extraterritorial jurisdiction for purposes of defining the service area of a municipality that has established its own approval program instead of State approval for water system plans, as the boundaries of the area over which a municipality was exercising extraterritorial planning jurisdiction under Article 19 of GS Chapter 160A, or its successor GS Chapter 160D, before the municipality's relinquishment of jurisdiction over the area on or before January 1, 2025.

Removes references to "extraterritorial jurisdiction" in GS 136-55.1 (notice of abandonment of roads), GS 136-63 (change or abandonment of roads), GS 136-66.3 (local government participation in improvements to the State transportation system), GS 143-138 (North Carolina State Building Code), GS 153A-317.14 (extension of economic development and training districts), GS 160A-176.1 and GS 160A-176.2 (ordinances effective in Atlantic Ocean), GS 160A-296 (establishment and control of streets), and GS 160A-299 (procedure for permanently closing streets and alleys).

Amends GS 143-215.1 (control of sources of water pollution; permits required) to define extraterritorial jurisdiction for the purpose of local permit programs for sewer extension and reclaimed water utilization, as the boundaries of the area over which a municipality was exercising extraterritorial planning jurisdiction under Article 19 of GS Chapter 160A, or its successor GS Chapter 160D, before the municipality's relinquishment of jurisdiction over the area on or before January 1, 2025.

Amends GS 160A-302 setting out exemptions for joint agencies providing communication service by defining extraterritorial jurisdiction for the purposes of the service area of the specified joint agency to be the boundaries of the area over which the City of Statesville was exercising extraterritorial planning jurisdiction under Article 19 of GS Chapter 160A, or its successor GS Chapter 160D, before the City's relinquishment of jurisdiction over the area on or before January 1, 2025.

Specifies that this has no effect on the extraterritorial jurisdiction of law enforcement officers. 

Part III is effective January 1, 2025.