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No events on calendar for this bill.
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Representative Matthew Winslow(R)
Representative Vernetta Alston(D)
Representative Steve Tyson(R)
Representative Gloristine Brown(D)
Representative Amber M. Baker(D)
Representative Jennifer Balkcom(R)
Representative Mary Belk(D)
Representative Mike Clampitt(R)
Representative Kevin Crutchfield(R)
Representative Zack Hawkins(D)
Representative Frances Jackson, PhD(D)
Representative Donnie Loftis(R)
Representative Amos L. Quick, III(D)
Representative Caleb Rudow(D)
Representative Bill Ward(R)
Representative Michael H. Wray(D)
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Ref To Com On Rules and Operations of the SenateSenate2023-04-26Passed 1st ReadingSenate2023-04-26Regular Message Received From HouseSenate2023-04-26Regular Message Sent To SenateHouse2023-04-26Passed 3rd ReadingHouse2023-04-25Passed 2nd ReadingAdded to CalendarHouse2023-04-25Cal Pursuant Rule 36(b)House2023-04-25Reptd Fav Com Sub 2Re-ref Com On Rules, Calendar, and Operations of the HouseHouse2023-04-20Reptd Fav Com SubstituteRef to the Com on Local Government - Land Use, Planning and Development, if favorable, Rules, Calendar, and Operations of the HouseHouse2023-03-20Passed 1st ReadingHouse2023-03-20Filed
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FiledNo fiscal notes available.Edition 1No fiscal notes available.Edition 2No fiscal notes available.Edition 3No fiscal notes available.
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BUILDING CODES
BUILDINGS
COUNTIES
DEFINITIONS
HOUSING
LOCAL GOVERNMENT
MUNICIPALITIES
PLANNING & ZONING
PROPERTY
PUBLIC
LOCAL ORDINANCES
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160D (Chapters); 160D-917 (Sections)
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No counties specifically cited.
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H409: Regulation of Accessory Dwelling Units. Latest Version
Companion Bill: S374 : Regulation of Accessory Dwelling Units.
Session: 2023 - 2024
AN ACT to increase affordable housing by allowing for the construction or siting of accessory dwelling units.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Part 1 of Article 9 of Chapter 160D of the General Statutes is amended by adding a new section to read:
§ 160D‑917. Accessory dwelling units.
(a) A local government shall allow the development of at least one accessory dwelling unit which conforms to the North Carolina Residential Code for One‑ and Two‑Family Dwellings, including applicable provisions from fire prevention codes, for each single‑family detached dwelling in areas zoned for residential use that allow for development of single‑family detached dwellings. An accessory dwelling unit may be built or sited at any time before, concurrently, or after the primary single‑family detached dwelling has been constructed or sited. Nothing in this section shall prohibit a local government from permitting accessory dwelling units in any area not otherwise required under this section.
(b) In permitting accessory dwelling units under this section, a local government shall not do any of the following:
(1) Require owner‑occupancy of the accessory dwelling unit.
(2) Require placement in a conditional zoning district.
(3) Establish minimum parking requirements or other parking restrictions, including imposition of additional parking requirements where an existing structure is converted for use as an accessory dwelling unit.
(4) Prohibit the connection of the accessory dwelling unit to existing utilities systems serving the primary single‑family detached dwelling unit, provided the utility service to that primary single‑family detached dwelling unit has capacity to serve both dwellings.
(5) Charge any fees in excess of those charged for the permitting of a single‑family detached dwelling similar in nature.
(c) A local government may impose a setback minimum for accessory dwelling units of 10 feet or the setback minimum imposed generally upon lots in the same zoning classification, whichever is less.
(d) Except as otherwise provided in this section, a local government may regulate accessory dwelling units pursuant to this Chapter and nothing in this section shall be construed to impair the authority of a local government to adopt and enforce ordinances pursuant to Part 2 of this Article to comply with State and federal law, rules, and regulations, or permits consistent with the interpretations and directions of the State or federal agency issuing the permit.
(e) Nothing in this section shall apply to any of the following:
(1) The validity or enforceability of private covenants or other contractual agreements among property owners related to dwelling type restrictions.
(2) Properties located in a historic preservation district established pursuant to Part 4 of this Article.
(3) Properties designated as a National Historic Landmark by the United States Department of Labor.
(f) For the purposes of this section, the term accessory dwelling unit means an attached or detached residential structure that is used in connection with, or that is accessory to, a primary single‑family detached dwelling and that has less total square footage than the primary single‑family detached dwelling.
SECTION 1.(b) This section becomes effective October 1, 2023, and applies to applications for accessory dwelling unit permits submitted on or after that date.
SECTION 2. Local governments shall adopt development regulations and amend their comprehensive plan to implement the provisions in this act no later than October 1, 2023.
SECTION 3. Except as otherwise provided, this act is effective when it becomes law.