Bill Summaries: H 409 REGULATION OF ACCESSORY DWELLING UNITS.

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  • Summary date: Apr 25 2023 - View Summary

    House committee substitute to the 2nd edition makes the following changes. Amends GS 160D-917 (pertaining to accessory dwelling units [ADU]) as follows. Specifies that an ADU may be built or sited at any time before, concurrently, or after the primary detached dwelling (was, just primary dwelling) has been constructed or sited. Deletes provision barring local governments from requiring owner-occupancy of the primary single-family detached dwelling unit (now, only bars local governments from requiring owner-occupancy of ADU’s). Prohibits a local governments from prohibiting the connection of the ADU to existing utilities systems serving the primary single-family detached dwelling only if the utility service has the capacity to serve both dwellings. Specifies that new GS 160D-147 does not apply to properties located in a historic preservation district and properties designated as a National Historic Landmark by the US Department of Labor.


  • Summary date: Apr 20 2023 - View Summary

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

    Amends new GS 160D-917 (pertaining to accessory dwelling units [ADU]) as follows. Changes the definition of ADU to mean an attached or detached residential structure that is used in connection with or that is accessory to a primary single-family detached dwelling (was, just single-family dwelling) and that has less total square footage than the primary single-family detached dwelling (was, just primary single-family dwelling). Specifies that a local government may not require owner occupancy of the primary single-family detached dwelling unit or its ADU (was, require owner occupancy of any dwelling unit, including ADU) and that it may not charge any fees in excess of those charged for the permitting of a single-family detached dwelling unit (previously exempted building permit from this limitation). Makes other organizational and technical changes to what local governments may do or requirements they may impose in relation to ADU’s. Deletes the provision allowing the local government to regulate the ADU’s under the new law in any other way so long as the regulations do not act to discourage development or siting of ADU’s through unreasonable costs or delay. Now specifies that a local government may regulate ADU’s pursuant to GS Chapter 160D and specifies that nothing in GS 160D-917 may be construed to impair the authority of a local government to adopt and enforce ordinances pursuant to Part 2 of Article 9 of GS Chapter 160D to comply with State and federal law, rules, and regulations, or permits consistent with the interpretations and directions of the State or federal agency issuing the permit. Makes other organizational, clarifying, and technical changes. Specifies that act applies to applications for ADU permits submitted on or after October 1, 2023.


  • Summary date: Mar 16 2023 - View Summary

    Enacts GS 160D-917 (pertaining to accessory dwelling units [ADU]) as follows. Defines ADU as an attached or detached residential structure that is used in connection with or that is accessory to a primary single-family dwelling and that has less total square footage than the primary single-family dwelling. Requires local governments to allow for the development of at least one ADU which conforms to the State Residential Code for One- and Two-Family Dwellings for each detached single-family dwelling in areas zoned for residential use that allow for development of detached single-family dwellings. Permits ADU’s to be built or sited at any time before, concurrently, or after the primary dwelling unit has been constructed or sited.  Clarifies that GS 160D-917 is not intended to restrict local governments from permitting ADU’s in other areas not mentioned by the statute nor is it intended to impact covenants or other contractual agreements among property owners relating to dwelling type restrictions.

    Specifies that development and permitting of ADU’s are not subject to any of the following requirements; (1) owner-occupancy of any dwelling unit; (2) minimum parking requirements or other parking restrictions; (3) conditional use zoning.  Bars local governments from doing any of the following in permitting ADU’s: (1) barring the connection of the ADU to existing utilities serving the primary unit and (2) charging any fee other than a building permit that does not exceed the amount charged for a single-family dwelling unit similar in nature. Allows the local government to regulate the ADU’s pursuant to GS Chapter 160D, except as provided under the new law, so long as the regulations do not act to discourage development or siting of ADU’s through unreasonable costs or delay. Authorizes local governments to impose setback minimums for ADU’s, subject to certain specifications. Effective October 1, 2023.

    Requires local governments to adopt land use ordinances and regulations or to amend them to implement new GS 160D-917 by no later than October 1, 2023.