Agenda - 06-04-2024; 5-c - Unified Development Ordinance Text Amendment – Regulatory Reform Compliance & Clarifications

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6 Nothing in this subsection affects the validity or enforceability of private covenants or other contractual agreements among property owners relating to building design elements. (c) A zoning or other development regulation shall not do any of the following: (1) Set a minimum square footage of any structures subject to regulation under the North Carolina Residential Code for- Oneand Two Faffny Dwellings.Code. (2) Set a maximum parking space size larger than 9 feet wide by 20 feet long unless the parking space is designated for handicap, parallel, or diagonal parking." SECTION 1.(e) G.S. 160D-804(i)reads as rewritten: "(i) Minimum Square Footage Exemption. — The regulation shall not set a minimum square footage of any structures subject to regulation under the North Carolina Residential C—O& for-One Two Family Dwegiffgs:Code." SECTION 1.(f) G.S. 160D-706(b)reads as rewritten: "(b) When adopting regulations under this Article, a local government may not use a definition of building,dwelling,dwelling unit,bedroom, or sleeping unit that is inconsistent with any definition of those terms in another statute or in a rule adopted by a State agency, including the State—Building Code Council or Residential Code Council." SECTION 1.(g) G.S. 160D-915(a)(5)reads as rewritten: "(5) Temporary family health care structure.—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 mentally or physically impaired person, (iii)has no more than 300 gross square feet, and (iv) complies with applicable provisions of the North Carolina State Building Code and G.S. 143-139.1(b). Placing the temporary family health care structure on a permanent foundation shall not be required or permitted." SECTION 1.(h) G.S. 160D-1001(c)reads as rewritten: "(c) This Article is supplemental to the powers conferred upon local governments and does not preclude or supersede rights and obligations established pursuant to other law regarding development approvals, site-specific vesting plans, or other provisions of law. A development agreement shall not exempt the property owner or developer from compliance with the North Carolina State Building Code or State or local housing codes that are not part of the local government's development regulations. When the governing board approves the rezoning of any property associated with a development agreement executed and recorded pursuant to this Article, the provisions of G.S. 160D-605(a) apply." SECTION 1.(i) G.S. 16013-1103 reads as rewritten: "§ 160D-1103. Qualifications of inspectors. No local government shall employ an inspector to enforce the North Carolina State Building Code who does not have one of the following types of certificates issued by the North Carolina Code Officials Qualification Board attesting to the inspector's qualifications to hold such position: (i)a probationary certificate,(ii)a standard certificate,or(iii)a limited certificate which shall be valid only as an authorization to continue in the position held on the date specified in G.S. 143-151.13(c) and which shall become invalid if the inspector does not successfully complete in-service training specified by the Qualification Board within the period specified in G.S. 143-151.13(c). An inspector holding one of the above certificates can be promoted to a position requiring a higher level certificate only upon issuance by the Board of a standard certificate or probationary certificate appropriate for such new position." SECTION 1.0) G.S. 160D-1104, as amended by Section 4(b) of this act, reads as rewritten: Page 16 Session Law 2023-108 House Bill 488