North Carolina 2023-2024 Regular Session

North Carolina Senate Bill S374

Introduced
3/27/23  

Caption

Regulation of Accessory Dwelling Units

Impact

The legislation significantly alters the landscape for local housing regulation by removing traditional barriers such as owner-occupancy requirements, conditional use zoning, and excessive parking mandates that have historically limited the development of ADUs. Local governments can still regulate these units, but their regulations must not impede the growth and implementation of ADUs due to unreasonable costs or delays. This move is positioned as a state-level effort to alleviate the housing crisis by optimizing residential land use.

Summary

Senate Bill 374, titled 'Regulation of Accessory Dwelling Units,' aims to enhance affordable housing in North Carolina by permitting the construction or placement of accessory dwelling units (ADUs) in residential zones. This bill mandates local governments to allow at least one ADU for each detached single-family dwelling. It sets out specific guidelines including compliance with state residential codes and restricts local regulations that could hinder the development of these units, thus addressing pressing housing shortages by promoting the effective use of existing properties.

Sentiment

The general sentiment around SB 374 appears to be supportive among housing advocates and certain legislative sponsors who see it as a vital step toward increasing affordable housing options in urban areas. However, local governments express concerns about potential losses in regulatory authority and the ability to manage neighborhood integrity. The divide underscores a growing tension between state mandates and local control over zoning and housing policy, with proponents emphasizing the need for innovative solutions given the affordable housing crisis.

Contention

A notable point of contention surrounding this bill is the balance it seeks to strike between increasing housing supply and maintaining local governance. Critics argue that the bill may infringe upon local authorities’ rights to tailor land use policies to suit their communities’ specific needs. While proponents assert that removing hurdles for ADUs will aid in diversifying housing options, opponents caution that such measures could lead to overdevelopment or inappropriate land uses in residential neighborhoods.

Companion Bills

NC H409

Same As Regulation of Accessory Dwelling Units

Previously Filed As

NC H627

Regulation of Accessory Dwelling Units

NC S495

Regulation of Accessory Dwelling Units

NC HB2783

Accessory dwelling units; population; regulations

NC SB543

Accessory dwelling units and junior accessory dwelling units.

NC S1786

Concerns development of accessory dwelling units and related regulations.

NC AB449

Local regulation of accessory dwelling units. (FE)

NC SB473

Local regulation of accessory dwelling units. (FE)

NC SB247

Local and private regulation of accessory dwelling units. (FE)

NC AB365

Local and private regulation of accessory dwelling units. (FE)

NC SB659

Prohibiting certain restrictions on regulation of accessory dwelling units

Similar Bills

CA AB1154

Junior accessory dwelling units.

CA SB9

Accessory Dwelling Units: ordinances.

NJ A3488

Concerns development of accessory dwelling units and related municipal land use regulations.

CA AB2127

Accessory dwelling units: private sewage disposal systems.

CA AB956

An act to amend Section 50515.

CA AB1055

Accessory dwelling units: proof of residential occupancy requirements.

CA SB543

Accessory dwelling units and junior accessory dwelling units.

AZ HB4028

accessory dwelling units; requirements