Bill Summary for S 675 (2023-2024)

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Summary date: 

May 24 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 675 (Public) Filed Thursday, April 6, 2023
AN ACT TO ALLOW THE SITING OF SCHOOLS VIA SPECIAL USE PERMIT FOR AREAS ZONED FOR COMMERCIAL USE; TO CLARIFY THAT USE RIGHTS ON PROPERTY ARE NOT EXTINGUISHED BY THE APPROVAL OF ADDITIONAL USE RIGHTS; AND TO ELIMINATE MUNICIPAL EXTRATERRITORIAL JURISDICTION.
Intro. by Lee, Craven, Galey.

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Bill 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Instead of striking through provisions, states that the following are repealed: GS 160D-903(c), GS 160D-925(e), GS 153A-317.14(a)(6), and GS 160A-296(a1).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.