Bill Summary for S 675 (2023-2024)

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Summary date: 

Jun 6 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

Senate committee substitute to the 2nd edition makes the following changes.

Part III.

Amends GS 130A-317(d) and GS 143-215.1(f) by amending the definitions provided for extraterritorial jurisdiction by providing that it means the boundaries of the area over which a municipality was exercising extraterritorial planning jurisdiction under Article 19 or its successor GS Chapter 160D before the municipality's relinquishment of extraterritorial planning jurisdiction (was, relinquishment of jurisdiction) over the area, and specifies that this relinquishment is in accordance with the law.

Amends the effective date for Section 3.1 of the act to specify that it applies only to extraterritorial jurisdiction territory of a city located within counties meeting the specified criteria. Moves the provision repealing any provision in a local act that grants a city the power to exercise extraterritorial planning jurisdiction under Article 19 of GS Chapter 160A or its successor GS Chapter 160D from Section 3.2 of the act to Section 3.1, making it subject to Section 3.1's applicability provisions. 

Part IV.

Removes Part IV of the act, which amended GS 160D-702, by adding the requirement that calculations of required open space include wetlands, stream buffers, and stormwater facilities as open space and that prohibited a zoning or development regulation from: (1) setting a minimum lot size greater than 8,700 square feet for structures subject to the North Carolina Residential Code for One- and Two-Family Dwellings and (2) limiting density in any district that allows for structures subject to the North Carolina Residential Code for One- and Two-Family Dwellings below five structures per acre. 

Makes conforming changes to the act's long title.