Bill Summary for H 36 (2015-2016)

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Summary date: 

Feb 3 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 36 (Public) Filed Tuesday, February 3, 2015
Intro. by Dollar, W. Brawley, Jordan, Glazier.

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Bill summary

Amends GS Chapter 160A (Cities and Towns) and GS Chapter 153A (Counties) by adding new GS 160A-381(h) and GS 153A-340(l), prohibiting the application of zoning and development ordinances relating to building design elements as well as regulations adopted pursuant to recommendations made under GS 160A-452(6)c. (a governing development board's recommendation for the adoption of certain regulations that will enhance the appearance of the municipality or its surrounding areas) to structures subject to North Carolina's Residential Code for One- and Two-Family Dwellings except in the following situations: (1) structures are in areas designated as local historic districts; (2) structures are located in an area designated as a historic district on the National Register of Historic Places; (3) structures are designated as local, state, or national historic landmarks; (4) the regulations are directly and substantially related to  applicable safety codes under GS 143-138 (North Carolina State Building Code); (5) where the regulations apply to manufactured housing, consistent with GS 160A-383.1 and GS 153A-341.1 (zoning regulations for manufactured homes), and federal law; and (6) where such regulations are adopted as a condition of participation in the National Flood Insurance Program.  

Regulations prohibited by these new subsections cannot be applied in any zoning district, special use district, conditional use district, or conditional district unless consented to by all of the owners of all of the property to which they can be applied s a part of obtaining a zoning amendment, or a zoning, subdivision, or development approval. Such regulations also cannot be applied indirectly as part of the review pursuant to GS 160A-383 or GS 153A-341 (accordance of zoning regulations with a comprehensive development plan) or any other applicable adopted plan. Defines building design elements and specifies items excluded from the term. 

Provides that nothing in GS 160A-381(h) or GS 153A-340(l) will affect the validity or enforceability of private convenants or other contractual agreements among property owners relating to building design elements.

Effective when the act becomes law and provides that the act clarifies and restates the intent of existing law and applies to ordinances adopted before, on, and after the effective date.