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HomeMy WebLinkAboutAgenda - 11-05-2013-13 (3) 1 INFORMATION ITEM Memorandum To: Michael Talbert, Interim County Manager From: Craig N. Benedict, Planning Director Subject: 2013 NC Legislation Update and Impact on Planning Date: October 25, 2013 Due to a significant change in the composition of the NC General Assembly in 2013 a variety of planning and development regulation changes were adopted and or initiated (can be brought back in 2014 short session). The outline in Attachment 1 is a summary of the changes, some which affect both cities and counties and some unique to an area. Although, the changes are wide spread, they could be categorized in some general areas. • Quasi-judicial processes and procedures • Land Uses subject to (with conditions) or exempt from regulation. • Community and historic preservation • Municipal boundary adjustment • Building code enforcement • Transportation • Environment • 2013 Bills eligible for consideration in 2014 session The UNC School of Government has an excellent bulletin (Planning & Zoning Law Bulletin Number 22 October 2013) on these issues. The bulletin is available for viewing at: http://sogpubs.unc.edu/electronicversions/pdfs/pzlb22.pdf. Attachment 2 of this memo summarizes the topics. Attachment 1 2 Planning and Development Regulation in the 2013 North Carolina Legislation Session Zoning and Development Regulation • Quasi —judicial Procedures and Board of Adjustment • Specialized Boards • Notice of Hearings • Hearing Process • Decisions • Appeals • Special and Conditional Permits • Variances • Development near Military Bases • Cell Tower Modifications • Bona Fide Farm Exemption • Fraternity and Sorority Zoning • Development Agreements for Brownfield Sites • Definitions for Facilities Serving Food or Providing Lodging • Local Bills • Bills Eligible for Consideration in 2014 Community Appearance and Historic Preservation • Billboards • Enforcement against Terminated Uses • Other Legislative Related to Community Appearance Boundary Adjustments and Jurisdiction • Annexation and Extraterritorial Jurisdiction • Local Bills Building and Housing Code Enforcement • Inspections • Building Code Updates • Building Code Exemptions Transportation • Strategic Transportation Investments • NCDOT Driveway Permits • Sidewalk Dining • Ethics Standards for MPO and RPO Members • Charlotte Airport Environment • Preemption of New Environmental Ordinances • Membership of State Environmental Commissions • Permitting Review • Stormwater and Water Quality • Surface Waters and Shorelines • Solid Waste • Energy • Other Environmental Matters 3 Attachment 2 Of special note regarding 2013 Planning Legislation and upcoming 2014 legislative activities: Sbedal and Conditional Use Permits • Now only a simple majority at BOA hearings Variances • Deletes"practical difficulty' but retains"unnecessary hardship" language as a primary criterion Cell Towers • Additional feetimeframe and review benefitsto adding co-located facilities Bona Fide Farm Zonine Exemption • Farming activity can also include leased lands Bed and Breakfast(and related food and loftno) • New definition and impact under review by multiple County Departments Local Bills • Zoning issues in Apex and Aberdeen were addressed at a State micro level for topics not customary as a local bill. 2014 Legislative Consideration • Electronic legal advertising • Temporary housing associated with home health care provider • Zoning protest petitions—elimination? Billboards • Further protection of repairing and reconstructing(possibly changing)conforming and non- conforming signs. Public Nuisance • Although cities have more authority than Counties in the area, liberalized farm uses(such as sawmills and other storage facilities)further limit Local Government nuisance authority. 4 Annexation and EfJ • Although major changes occurred in 2011 and 2012 in these topic areas making annexation difficult,2013 was relatively non-eventful except for discussionswith HB-276 which suggested elimination of EFd Building Codes • Limits type of inspections. (Orange County conforms to what is expected). • Update codes every 6 versus 3-years. • Exempts primitive structuresfrom code. Stratecic M obility Investment(Transportation Funding Formula) • This area cannot be summarized except to say that previous convention and planning of the various modes of public transit and facilities funding have shifted strongly to highway. Impacts will be felt with the OCBRIP Aseparate topic. Environment • SL 2013-413(H74)relates to almost a moratorium on any Local Government environmental regulation that is also regulated by the Mate or Federal statute. 2014 may bring forth substantive changes where Local Government may have to"rol I back" overly strict rules. Stormwater and Water Quality • Delay.brdan Lake Rules until July 1,2016 • Impervious"built upon" definition changed to exclude slotted decks and gravel driveways. • F;bview by professional engineers likely in 2014. Note:Other changes are also under review.