SB 355 — Land-Use Regulatory Changes.

Page 40 Session Law 2019-111 Senate Bill 355-Ratified355 "§ 160D-5-2.

For the Senate Bill 355-Ratified355 Session Law 2019-111 Page 41 purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor.

160D-7-5 or any other statute, the clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such Page 42 Session Law 2019-111 Senate Bill 355-Ratified355 names and addresses to all members of the board shall not disqualify any member of the board from voting.

If a zoningmapamendment is adoptedandtheactionwas deemedinconsistent with theadoptedplan, the zoning amendment shall have the effect of also amending any future land-use map in the Senate Bill 355-Ratified355 Session Law 2019-111 Page 43 approved plan, and no additional request or application for a plan amendment shall be required.

Page 44 Session Law 2019-111 Senate Bill 355-Ratified355 (1) The structures are located in an area designated as a local historic district pursuant to Part 4 of Article 9 of this Chapter.

Specific conditions may be proposed by the petitioner or the local government or its agencies, but only those conditions Senate Bill 355-Ratified355 Session Law 2019-111 Page 45 mutually approved by the local government and the petitioner may be incorporated into the zoning regulations.

Page 46 Session Law 2019-111 Senate Bill 355-Ratified355 (c) Special Use Permits.

When the provisions of any other statute or local ordinance or regulation require a greater width or size of yards or courts, or require a lower height of a building or a fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required by the regulations made under Senate Bill 355-Ratified355 Session Law 2019-111 Page 47 authority of this Article, the provisions of that statute or local ordinance or regulation shall govern.

Page 48 Session Law 2019-111 Senate Bill 355-Ratified355 c.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 49 The regulation may provide that in lieu of required street construction, a developer be required to provide funds for city use for the construction of roads to serve the occupants, residents, or invitees of the subdivision or development, and these funds may be used for roads which serve more than one subdivision or development within the area.

Page 50 Session Law 2019-111 Senate Bill 355-Ratified355 a.

If a city does not maintain its own Web site, it may employ the notice option provided by subdivision (1) of this subsection by submitting a request to a county or counties in which the Senate Bill 355-Ratified355 Session Law 2019-111 Page 51 city is located to post such notice in a prominent location on a Web site that is maintained by the countyor counties.

(2) Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approved or recorded at the time of the contract, that no governmental body will incur any obligation to the prospective buyer Page 52 Session Law 2019-111 Senate Bill 355-Ratified355 orlesseewith respect to theapproval ofthefinal subdivision plat,thatchanges between the preliminary and final plats are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final recorded plat differs in any material respect from the preliminary plat.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 53 (c) A local government may regulate sexually oriented businesses through zoning regulations, licensing requirements, or other appropriate local ordinances.

Page 54 Session Law 2019-111 Senate Bill 355-Ratified355 (1) A farm sales tax exemption certificate issued by the Department of Revenue.

Amendments to applicable development regulations may Senate Bill 355-Ratified355 Session Law 2019-111 Page 55 include provisions regarding on-farm sales, pick-your-own operations, road signs, agritourism, and other activities incident to farming.

Page 56 Session Law 2019-111 Senate Bill 355-Ratified355 A zoning regulation or unified development ordinance may not differentiate in terms of the regulations applicable to fraternities or sororities between those fraternities or sororities that are approved or recognized by a college or university and those that are not.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 57 (1) The local government and the owner of the nonconforming off-premises outdoor advertising enter into a relocation agreement pursuant to subsection (g) of this section.

Page 58 Session Law 2019-111 Senate Bill 355-Ratified355 d.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 59 All local government zoning regulations are applicable to the erection, construction, and use of buildings by the State of North Carolina and its political subdivisions.

– A transportable residential structure providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentallyor physicallyimpaired person, (iii) has no more than 300 gross square feet, and (iv) complies with applicable provisions of the State Page 60 Session Law 2019-111 Senate Bill 355-Ratified355 Building Code and G.S.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 61 (a) Street Setbacks and Curb Cut Regulations.

Page 62 Session Law 2019-111 Senate Bill 355-Ratified355 (1) Regulate activityassociated with development.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 63 (d) A local government that holds an NPDES permit issued pursuant to G.S.

– The North Carolina State Building Code and any other uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization together with State or local Page 64 Session Law 2019-111 Senate Bill 355-Ratified355 amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 65 (18) Small wireless facility.

Page 66 Session Law 2019-111 Senate Bill 355-Ratified355 c.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 67 (1) Applicable public safety, land-use, or zoning issues addressed in its adopted regulations, including aesthetics, landscaping, land-use based location priorities, structural design, setbacks, and fall zones.

Page 68 Session Law 2019-111 Senate Bill 355-Ratified355 (f) The local government may not require the placement of wireless support structures or wireless facilities on local government owned or leased property but may develop a process to encourage the placement of wireless support structures or facilities on local government owned or leased property, including an expedited approval process.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 69 (d) Acitymayrequirean applicanttoobtainapermittocollocateasmallwirelessfacility.

A city may remove small wireless facility collocations from a consolidated application and treat separately small Page 70 Session Law 2019-111 Senate Bill 355-Ratified355 wireless facility collocations (i) for which incomplete information has been provided or (ii) that are denied.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 71 (b) Subject to the requirements of G.S.

If the wireless Page 72 Session Law 2019-111 Senate Bill 355-Ratified355 provider fails to make the repairs required by the city within a reasonable time after written notice, the city may undertake those repairs and charge the applicable party the reasonable and documentedcostoftherepairs.Thecitymaymaintainanactiontorecoverthecostsoftherepairs.

For purposes of this section, the term "make-ready work" means any modification or replacement of a city utility pole necessary for the city utility pole to support a Senate Bill 355-Ratified355 Session Law 2019-111 Page 73 small wireless facility in compliance with applicable safety requirements, including the National Electrical Safety Code, that is performed in preparation for a collocation installation.

This Part authorizes local governments within their Page 74 Session Law 2019-111 Senate Bill 355-Ratified355 respective planning and development regulation jurisdictions and bymeans of listing, regulation, and acquisition to do the following:

Senate Bill 355-Ratified355 Session Law 2019-111 Page 75 A governing board is authorized to make appropriations to a historic preservation commission established pursuant to this Chapter in any amount determined necessary for the expenses of the operation of the commission and may make available any additional amounts necessary for the acquisition, restoration, preservation, operation, and management of historic buildings, structures, sites, areas, or objects designated as historic landmarks, or within designated historic districts, or of land on which such buildings or structures are located, or to which they may be removed.

160D-9-10(b) for the ordinance to regulate the location or screening of solar collectors may encompass requiring the use of Page 76 Session Law 2019-111 Senate Bill 355-Ratified355 plantings or other measures to ensure that the use of solar collectors is not incongruous with the special character of the district.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 77 (5) Following the hearings, the governing board may adopt the regulation as proposed, adopt the regulation with any amendments it deems necessary, or reject the proposed regulation.

– Notwithstanding subsection (a) of this section, jurisdiction of the commission over interior spaces shall be limited to specific interior features of architectural, Page 78 Session Law 2019-111 Senate Bill 355-Ratified355 artistic, or historical significance in publicly owned landmarks and of privately owned historic landmarks for which consent for interior review has been given by the owner.

The current edition of the Senate Bill 355-Ratified355 Session Law 2019-111 Page 79 Secretaryof the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be the sole principles and guidelines used in reviewing applications of the State for certificates of appropriateness.

This section is applicable to any local government provided such local government (i) has designated portions of the central business district and its adjacent historic district as an Page 80 Session Law 2019-111 Senate Bill 355-Ratified355 Urban Progress Zone as defined in G.S.

All plans shall be reviewed by the commission in a Senate Bill 355-Ratified355 Session Law 2019-111 Page 81 prompt and expeditious manner, and all recommendations of the commission with regard to anypublic project shall be made in writing.

Page 82 Session Law 2019-111 Senate Bill 355-Ratified355 (3) Because of their scale and duration, such projects often require careful coordination of public capital facilities planning, financing, and construction schedules and phasing of the private development.

A development agreement may be Senate Bill 355-Ratified355 Session Law 2019-111 Page 83 concurrently considered with and incorporated by reference with a sketch plan or preliminary plat required under a subdivision regulation or a site plan or other development approval required under a zoning regulation.

(c) If more than one local government is made partyto an agreement, the agreement must specify which local government is responsible for the overall administration of the development Page 84 Session Law 2019-111 Senate Bill 355-Ratified355 agreement.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 85 Subject to the provisions of G.S.

160D-11-5 or Part 1 of Article 20 of Chapter 160A of the General Statutes, (iii) contracting with another unit of local government for the provision of inspection servicespursuanttoPart1ofArticle20ofChapter160AoftheGeneralStatutes,or(iv)arranging Page 86 Session Law 2019-111 Senate Bill 355-Ratified355 for the county in which a city is located to perform inspection services within the city's jurisdiction as authorized by G.S.

160D-12-7, alocal governmentmay not adopt or enforce a local ordinance or resolution or any other policy that requires regular, routine inspections of buildings or structures constructed in compliance with the North Carolina Residential Code for One- and Two-Family Dwellings in addition to the specific inspections Senate Bill 355-Ratified355 Session Law 2019-111 Page 87 required by the North Carolina Building Code without first obtaining approval from the North Carolina Building Code Council.

Page 88 Session Law 2019-111 Senate Bill 355-Ratified355 (b) Upon the acceptance and approval receipt of a signed written document by the city as required under subsection (a) of this section, notwithstanding the issuance of a certificate of occupancy,thecity,itsinspectiondepartment,andtheinspectorsshallbedischargedand released from any liabilities, duties, and responsibilities imposed by this Article with respect to or in common law from any claim arising out of or attributed to the component or element in the construction of the building for which the signed written document was submitted.

(1) If the individual, company, or employee of a company contracting to perform building inspections for the local government has worked for the owner, Senate Bill 355-Ratified355 Session Law 2019-111 Page 89 developer, contractor, or project manager of the project to be inspected within the last two years.

Page 90 Session Law 2019-111 Senate Bill 355-Ratified355 b.

The cost of the building permit for such work shall not exceed the cost of any one Senate Bill 355-Ratified355 Session Law 2019-111 Page 91 individual trade permit issued by that local government, nor shall the local government increase the costs of any fees to offset the loss of revenue caused by this provision.

In exercisingthis power, members of the inspection department shall have a right to enter on any premises within the jurisdiction of the department at all reasonable hours for the purposes of inspection or other enforcement action, upon Page 92 Session Law 2019-111 Senate Bill 355-Ratified355 presentation of proper credentials.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 93 "§ 160D-11-18.

Page 94 Session Law 2019-111 Senate Bill 355-Ratified355 d.

Any balance remaining from the sale shall be deposited with the clerk of superior court of the county where the property is Senate Bill 355-Ratified355 Session Law 2019-111 Page 95 located and shall bedisbursed bythe courtto thepersonfound to be entitledthereto byfinal order or decree of the court.

– Within any secondary fire limits of any city or town, as established and defined by ordinance, no frame or wooden building Page 96 Session Law 2019-111 Senate Bill 355-Ratified355 or structure or addition thereto shall be erected, altered, repaired, or moved, except in accordance with any rules and regulations established by ordinance of the areas.

(2) An order may require the owner to remove or demolish the nonresidential building or structure if the cost of repair, alteration, or improvement of the Senate Bill 355-Ratified355 Session Law 2019-111 Page 97 building or structure would exceed fifty percent (50%) of its then current value.

– If the governing board has adopted an ordinance or the public officer has issued an order requiring the Page 98 Session Law 2019-111 Senate Bill 355-Ratified355 building or structure to be repaired or vacated and closed and the building or structure has been vacated and closed for a period of two years pursuant to the ordinance or order, the governing board may make findings that the owner has abandoned the intent and purpose to repair, alter, or improve the building or structure and that the continuation of the building or structure in its vacated and closed status would be inimical to the health, safety, and welfare of the local government in that it would continue to deteriorate, would create a fire or safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, or would cause or contribute to blight and the deterioration of property values in the area.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 99 (3) If the nonresidential building or structure is removed or demolished by the public officer, he or she shall offer for sale the recoverable materials of the building or structure and any personal property, fixtures, or appurtenances found in or attached to the building or structure and shall credit the proceeds of the sale, if any, against the cost of the removal or demolition, and any balance remaining shall be deposited in the superior court by the public officer, shall be secured in a manner directed by the court, and shall be disbursed bythe court to the persons found to be entitled thereto byfinal order or decree of the court.

Page 100 Session Law 2019-111 Senate Bill 355-Ratified355 (3) To enter upon premises pursuant to subsection (b) of this section for the purpose of making examinations in a manner that will do the least possible inconvenience to the persons in possession.

The ordinance may provide for the repair, closing, or demolition of such structure pursuant to the same provisions and procedures as are Senate Bill 355-Ratified355 Session Law 2019-111 Page 101 prescribed by this Article for the repair, closing, or demolition of dwellings found to be unfit for human habitation.

The order may require that the property be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the Page 102 Session Law 2019-111 Senate Bill 355-Ratified355 necessaryrepairs, alterations, or improvements;

– If the dwelling has been vacated and closed for a period of one year pursuant to an ordinance adopted pursuant to subdivision (4) of this section or after a public officer issues an order or proceedings have commenced under the substandard housing regulations regarding a dwelling to be repaired or vacated and closed as provided in this Senate Bill 355-Ratified355 Session Law 2019-111 Page 103 subdivision, then the governing board may find that the owner has abandoned the intent and purpose to repair, alter, or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, and welfare of the local government in that the dwelling would continue to deteriorate, would create a fire and safetyhazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling that might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this State, then in such circumstances, the governing board may, after theexpirationof suchone-yearperiod, enact anordinanceand servesuch ordinance on the owner, setting forth the following:

Nothing in this section shall be construed to impair or limit in any way the power of the local government to define and declare Page 104 Session Law 2019-111 Senate Bill 355-Ratified355 nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(b) If a dwelling unit contains a heating system or heating appliances that meet the requirements of subsection (a) of this section, the owner of the dwelling unit shall not be required to install a new heating system or heating appliances, but the owner shall be required to maintain Senate Bill 355-Ratified355 Session Law 2019-111 Page 105 the existing heating system or heating appliances in a good and safe working condition.

(i) the landlord or owner has a history Page 106 Session Law 2019-111 Senate Bill 355-Ratified355 ofmorethantwoverifiedviolationsofthehousingordinancesorcodeswithina12-monthperiod, (ii) there has been a complaint that substandard conditions exist within the building or there has been arequestthatthebuildingbeinspected, (iii)theinspectiondepartment hasactualknowledge of an unsafe condition within the building, or (iv) violations of the local ordinances or codes are visible from the outside of the property.

(2) Any violations that have not been corrected by the owner or manager within days of receipt of written notice from the local government of the violations.Shouldthesameviolationoccurmorethantwotimesina12-month period, the owner or manager may not have the option of correcting the Senate Bill 355-Ratified355 Session Law 2019-111 Page 107 violation.

The board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make any decision and order that in its opinion ought to be made in the matter, and, to that end, it shall have all the powers of the Page 108 Session Law 2019-111 Senate Bill 355-Ratified355 public officer, but the concurring vote of four members of the board shall be necessaryto reverse or modify any decision or order of the public officer.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 109 "§ 160D-12-12.

Page 110 Session Law 2019-111 Senate Bill 355-Ratified355 For the purposes set forth in this Part, a local government may appropriate funds not otherwise limited as to use by law.

No State or local taxes shall be Senate Bill 355-Ratified355 Session Law 2019-111 Page 111 appropriated or expended by a county pursuant to this section for any purpose not expressly authorized by G.S.

Page 112 Session Law 2019-111 Senate Bill 355-Ratified355 (2) To clear, demolish, remove, or rehabilitate buildings and improvements on land so acquired.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 113 (2) Under procedures and standards established by the local government, convey residential property by private sale under G.S.

Page 114 Session Law 2019-111 Senate Bill 355-Ratified355 (2) If the property was acquired by the local government directly, the local government may convey property interests pursuant to G.S.

The General Assembly also finds that a local government has an integral role in furthering Senate Bill 355-Ratified355 Session Law 2019-111 Page 115 this purpose by promoting and encouraging renewable energy and energy efficiency within the local government's territorial jurisdiction.

Page 116 Session Law 2019-111 Senate Bill 355-Ratified355 (2) Any other person who will suffer special damages as the result of the decision being appealed.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 117 (1) Any person described in subdivision (1) of subsection (c) of this section shall have standing to intervene and shall be allowed to intervene as a matter of right.

Page 118 Session Law 2019-111 Senate Bill 355-Ratified355 (2) When the issue before the court is whether the decision-making board erred in interpreting an ordinance, the court shall review that issue de novo.

Senate Bill 355-Ratified355 Session Law 2019-111 Page 119 (l) Effect of Appeal and Ancillary Injunctive Relief.

A party in Page 120 Session Law 2019-111 Senate Bill 355-Ratified355 an enforcement action or appeal may not assert the invalidity of the ordinance on the basis of an alleged defect in the adoption process unless the defense is formally raised within three years of the adoption of the challenged ordinance.

… Senate Bill 355-Ratified355 Session Law 2019-111 Page 121 (b) Variances.

Page 122 Session Law 2019-111 Senate Bill 355-Ratified355 An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property.

160D-4-4 shall be applicable to ordinances adopted pursuant to this Article." Senate Bill 355-Ratified355 Session Law 2019-111 Page 123 SECTION 2.5.(h) G.S.

Page 124 Session Law 2019-111 Senate Bill 355-Ratified355 … (17) For the purpose of promoting and protecting the public health, safety and the general welfare of the State, a sanitary district board is authorized to establish as zoning units anyportions of the sanitarydistrict not under the control of the United States or this State or any agency or instrumentality of either, in accordance with the following:

Any ordinance adopted hereunder shall be based upon studies of the mountain ridges within the county, a statement of objectives to be sought by the Senate Bill 355-Ratified355 Session Law 2019-111 Page 125 ordinance, and plans for achieving these objectives.

160D-6-1 before theordinancemaybeadopted,maybefinallyadoptedonthedateonwhichitisintroducedexcept by an affirmative vote equal to or greater than two thirds of all the actual membership of the council, excluding vacant seats and not including the mayor unless the mayor has the right to Page 126 Session Law 2019-111 Senate Bill 355-Ratified355 vote on all questions before the council.

The grants shall be awarded on a technology neutral basis, shall be open to qualified applicants, and may require matching funds Senate Bill 355-Ratified355 Session Law 2019-111 Page 127 by the private provider.

Page 128 Session Law 2019-111 Senate Bill 355-Ratified355 SECTION 3.3.

The remainder of this act is effective when it becthesbecomes law.

Berger President Pro Tempore of the Senate s/ Sarah Stevens Speaker Pro Tempore of the House of Representatives ___________________________________________s/ Roy Cooper Governor Approved __________.m.1:41 p.m.

this ______________11 day of ___________________,July, 2019 Senate Bill 355-Ratified355 Session Law 2019-111 Page 129