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.
Bill Summaries: S675 LAND USE CLARIFICATION AND CHANGES.
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Bill S 675 (2023-2024)Summary date: Jun 6 2023 - View Summary
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Bill S 675 (2023-2024)Summary date: May 24 2023 - View Summary
Senate committee substitute to the 1st edition makes the following changes.
Part I.
Amends proposed new GS 160D-917 by making clarifying changes and specifying that a public school unit is as defined under GS 115C-5.
Part III.
Renumbers sections throughout Part III.
No longer renumbers the remaining provisions in GS 160D-202.
Instead of striking through provisions, states that the following are repealed: GS 160D-903(c), GS 160D-925(e), GS 153A-317.14(a)(6), and GS 160A-296(a1).
Amends GS 160D-1102 by amending one of the four ways in which a local government may perform the duties and responsibilities under GS 160D-1104, concerning the duties and responsibilities of an inspection department and of its inspectors, by removing references to provisions in GS 160D-202 that were deleted in this act.
Makes the provisions in Section 3.1 of the act, which amend GS 160D-201, GS 160D-202, GS 160D-307, GS 160D-602, GS 160D-903, GS 160D-912, GS 160D-925, GS 160D-1102, GS 160D-1125, GS 113A-208, GS 130A-317, GS 136-55.1, GS 136-63, GS 136-66.3, GS 143-138, GS 143-215.1, GS 153A-317.14, GS 160A-58.4, GS 160A-176.1, GS 160A-176.2, GS 160A-296, and GS 160A-299, effective on (1) October 1, 2024, for counties with a population of 25,000 or less and (2) October 1, 2025, for counties with a population between 25,001 and 50,000.
Prohibits a city from expanding its extraterritorial jurisdiction beyond the territory that the city was exercising extraterritorial jurisdiction authority upon as of June 1, 2023.
Amends provisions related to the repeal of 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. Now requires that the relinquishment of jurisdiction over an area that a city is regulating under the authority of extraterritorial planning jurisdiction under Article 19, or its successor, must be determined by the county in which the area lies, and is effective as follows: (1) October 1, 2024, for counties with a population of 25,000 or less and (2) October 1, 2025, for counties with a population between 25,001 and 100,000. Makes conforming changes. Amends the time frame within which the city's regulations and enforcement powers remain in effect so that it is until the earlier of the effective date of the land use regulations adopted by the county with jurisdiction over the area or 60 days after the effective date set above for that county. Allows the county to hold hearings and take other measures required to adopt county regulations for the area before the county's designated effective date. Adds that at least 180 days before these effective dates for the county in which any portion of the city lies, the city must notify the county of: (1) the boundaries of the city's extraterritorial jurisdiction in that county; (2) the existing land use regulations applying to that extraterritorial jurisdiction in that county; (3) any pending requests for amendments and other changes to the existing land use regulations applying to that extraterritorial jurisdiction in that county; and (4) any vested rights with respect to properties in the extraterritorial jurisdiction in that county. Makes these, and related, provisions effective when the act becomes law.
Amends GS 160A-58.4, extraterritorial powers, by removing references to provisions in GS 160D-202 that were deleted in this act.
Deletes provisions related to Butner's extraterritorial jurisdiction.
Deletes proposed changes to GS 160A-340.2.
Part IV.
Amends GS 160D-702, which allows local governments to adopt zoning regulations that regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lots that may be occupied; the size of yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land. Adds the requirement that calculations of required open space include wetlands, stream buffers, and stormwater facilities as open space. Prohibits a zoning or development regulation from: (1) setting a minimum lot size greater than 8,700 square feet for structures that are subject to the North Carolina Residential Code for One- and Two-Family Dwellings (allows a local government to enforce regulations affecting the size and configuration of those lots, including a specified list of regulations) 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. Specifies that these prohibitions do not apply to a bona fide farm purpose or an open space land purpose. Also amends GS 160D-804, concerning subdivision regulations, to require the regulations to comply with these provisions. Effective October 1, 2024.
Makes conforming changes to the act's long title.
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Bill S 675 (2023-2024)Summary date: Apr 13 2023 - View 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.