House committee substitute to the 1st edition makes the following changes.
Amends the following two of the five criteria set forth in new GS 160D-1110.1 for the siting and use of certain unaffixed temporary dwelling units (TDUs), including certain recreational vehicles, during construction of a permanent residential dwelling (PRD) on the same parcel to now require: (1) all applications for the construction of PRD have been submitted (was, all permits and approvals for the construction of the PRD have been secured) and (2) placement of the temporary dwelling unit on the subject parcel must now meet setback requirements applicable to that parcel (was, the subject parcel must have the permitted driveway access installed). Specifies that the minimum setback authorized by development regulation for any dwelling within the parcel applies to the temporary dwelling unit.
Now requires the county to issue a TDU permit upon payment of the fee regardless of the parcel size. Removes authority given to counties to impose the following conditions in issuing a permit: (1) that the parcel be at least one acre in size and (2) that the applicant demonstrate evidence that financing has been secured for the construction of the PRD. In addition to other listed reasons, allows a county to revoke a TDU permit if the local government denies any required permit application submitted for the construction of the permanent residential dwelling. Makes organizational and technical changes.
Bill Summaries: H466 ALLOW TEMPORARY DWELLINGS DURING CONSTRUCTION.
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Bill H 466 (2023-2024)Summary date: May 24 2023 - View Summary
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Bill H 466 (2023-2024)Summary date: Mar 23 2023 - View Summary
Amends the statutory provisions relating to building code enforcement (Article 11 of GS Chapter 160D) to enact new section GS 160D-1110.1, authorizing the siting and use of certain unaffixed temporary dwelling units (TDUs), including certain recreational vehicles, during construction of a permanent residential dwelling (PRD) on the same parcel so long as the following criteria are met: (1) all permits and approvals for the construction of the PRD have been secured, (2) the TDU meets minimum habitability and safety standards applicable to that dwelling, (3) the TDU has access to a source of power and meets applicable sanitary conditions, (4) the TDU is available for periodic inspections to verify ongoing compliance with the criteria set forth in GS 160D-1110.1, (5) the subject parcel must have a permitted driveway access installed.
Requires counties to issue a permit for the use of a TDU meeting the criteria set forth above upon payment of a reasonable fee. Specifies that TDU permits are exclusively regulated by the issuing county and supersede the regulatory authority of any other local government entity. Sets forth permitted conditions counties may impose in issuing a permit: (1) that the parcel be at least one acre in size; (2) demonstration by the applicant of evidence that financing has been secured for the construction of the PRD; (3) biennial renewal of the TDU permit; (4) reasonable limits on the duration of the TDU permit to the issuance of a certificate of occupancy, certificate of compliance, or temporary certificate pursuant to the building code; (4) limiting the issuance of a TDU permit to one active permit per subject parcel. Sets forth conditions under which a county may revoke a TDU permit. Clarifies that GS 160D-1110.1 does not affect the validity or enforceability of applicable nuisance ordinances, private covenants, or contractual agreements among property owners.