Bill Summary for H 409 (2023-2024)
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AN ACT TO INCREASE AFFORDABLE HOUSING BY ALLOWING FOR THE CONSTRUCTION OR SITING OF ACCESSORY DWELLING UNITS.Intro. by Winslow, Alston, Tyson, G. Brown.
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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.