Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects

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72 SECTION 13.4.(b) The Environmental Management Commission shall adopt temporary rules to amend its rules consistent with this section. SECTION 13.4.(c) This section becomes effective October 1, 2015. ZONING DENSITY CREDITS SECTION 16. G.S. 160A-381(a)reads as rewritten: "(a) For the purpose of promoting health, safety, morals, or the general welfare of the community, any city may adopt zoning and development regulation ordinances. These ordinances may be adopted as part of a unified development ordinance or as a separate ordinance. A zoning ordinance may 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, the location and use of buildings, structures and land. The ordinance shall provide density credits or severable development rights for dedicated rights-of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11." CLARIFY AUTHORITY OF COUNTIES AND CITIES TO EXPAND ON DEFINITION OF BEDROOM SECTION 18.(a) G.S. 153A-346 reads as rewritten: "§ 153A-346. Conflict with other laws. (a) When regulations made under authority of this Part require a greater width or size of yards or courts, or require a lower height of a building or fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the regulations made under authority of this Part govern. 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 regulations made under authority of this Part, the provisions of the other statute or local ordinance or regulation govern. When adopting regulations under this Part, a county may not use a definition of dwelling unit, bedroom, or sleeping unit that is more expansive than any definition of the same in another statute or in a rule adopted by a State agency." SECTION 18.(b) G.S. 160A-390 reads as rewritten: "§ 160A-390. Conflict with other laws. (a) When regulations made under authority of this Part require a greater width or size of yards or courts, or require a lower height of a building or fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, regulations made under authority of this Part shall govern. 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 authority of this Part, the provisions of that statute or local ordinance or regulation shall govern. When adopting regulations under this Part, a city may not use a definition of dwelling unit, bedroom, or sleeping unit that is more expansive than any definition of the same in another statute or in a rule adopted by a State agency." DEVELOPMENT AGREEMENTS SECTION 19.(a) G.S. 153A-349.4 reads as rewritten: "§ 153A-349.4. Developed property must eontnin eeknin number- of e; criteria; permissible durations of agreements. (a) A local government may enter into a development agreement with a developer for the development of property as provided in this nay, N ;ded toe r et:ty ntai s 25 a ° appli.ation). Part for developable property of any size, including property that is subject to an executed brownfields agreement pursuant to Part 5 of Article 9 of Chapter 130A of the General Statutes. Development agreements shall be of a reasonable term specified in the age t, pt:evided t4ey,,, „t be f r „ tet: o eed;,,n 20 . o s.agreement. House Bill 44-Ratified Session Law 2015-246 Page 17