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5 <br /> telecommunication facility regulation, historic preservation or landmark <br /> regulation, housing code, North Carolina State Building Code enforcement, <br /> or any other regulation adopted pursuant to this Chapter, or a local act or <br /> charter that regulates land use or development." <br /> SECTION 1.(d) G.S. 160D-702 reads as rewritten: <br /> "§ 160D-702. Grant of power. <br /> (a) A local government may adopt zoning regulations. Except as provided in subsections <br /> (b) and (c) of this section, a zoning regulation may regulate and restrict the height, number of <br /> stories, and size of buildings and other structures; the percentage of lots that may be occupied; <br /> the size of yards, courts, and other open spaces; the density of population; the location and use <br /> of buildings, structures, and land. A local government may regulate development, including <br /> floating homes, over estuarine waters and over lands covered by navigable waters owned by the <br /> State pursuant to G.S. 146-12. A zoning regulation shall provide density credits or severable <br /> development rights for dedicated rights-of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11. <br /> Where appropriate, a zoning regulation may include requirements that street and utility <br /> rights-of-way be dedicated to the public, that provision be made of recreational space and <br /> facilities, and that performance guarantees be provided, all to the same extent and with the same <br /> limitations as provided for in G.S. 160D-804 and G.S. 160D-804.1. <br /> (b) Any regulation relating to building design elements adopted under this Chapter may <br /> not be applied to any structures subject to regulation under the North Carolina Residential Code <br /> forOne and Two Familye' except under one or more of the following circumstances: <br /> (1) The structures are located in an area designated as a local historic district <br /> pursuant to Part 4 of Article 9 of this Chapter. <br /> (2) The structures are located in an area designated as a historic district on the <br /> National Register of Historic Places. <br /> (3) The structures are individually designated as local, State, or national historic <br /> landmarks. <br /> (4) The regulations are directly and substantially related to the requirements of <br /> applicable safety codes adopted under G.S. 143-138. <br /> (5) Where the regulations are applied to manufactured housing in a manner <br /> consistent with G.S. 160D-908 and federal law. <br /> (6) Where the regulations are adopted as a condition of participation in the <br /> National Flood Insurance Program. <br /> Regulations prohibited by this subsection may not be applied, directly or indirectly, in any <br /> zoning district or conditional district unless voluntarily consented to by the owners of all the <br /> property to which those regulations may be applied as part of and in the course of the process of <br /> seeking and obtaining a zoning amendment or a zoning, subdivision, or development approval, <br /> nor may any such regulations be applied indirectly as part of a review pursuant to G.S. 160D-604 <br /> or G.S. 160D-605 of any proposed zoning amendment for consistency with an adopted <br /> comprehensive plan or other applicable officially adopted plan. <br /> For the purposes of this subsection, the phrase "building design elements" means exterior <br /> building color; type or style of exterior cladding material; style or materials of roof structures or <br /> porches; exterior nonstructural architectural ornamentation; location or architectural styling of <br /> windows and doors, including garage doors; the number and types of rooms; and the interior <br /> layout of rooms. The phrase "building design elements" does not include any of the following: <br /> (i)the height, bulk, orientation, or location of a structure on a zoning lot, (ii)the use of buffering <br /> or screening to minimize visual impacts, to mitigate the impacts of light and noise, or to protect <br /> the privacy of neighbors, or (iii) regulations adopted pursuant to this Article governing the <br /> permitted uses of land or structures subject to the North Carolina Residential Code for-One an <br /> Two Family Dwelling-s-.Code. <br /> House Bill 488 Session Law 2023-108 Page 15 <br />