North Carolina § 160D-702 - Grant of power.

§ 160D-702. Grant of power.

A local government may adopt zoning regulations. Except as provided in subsections (b) and (c) of this section, a zoning regulation 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. A local government may regulate development, including floating homes, over estuarine waters and over lands covered by navigable waters owned by the State pursuant to G.S. 146-12. A zoning regulation 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. Where appropriate, a zoning regulation may include requirements that street and utility rights-of-way be dedicated to the public, that provision be made of recreational space and facilities, and that performance guarantees be provided, all to the same extent and with the same limitations as provided for in G.S. 160D-804 and G.S. 160D-804.1. Any regulation relating to building design elements adopted under this Chapter may not be applied to any structures subject to regulation under the North Carolina Residential Code for One- and Two-Family Dwellings except under one or more of the following circumstances: The structures are located in an area designated as a local historic district pursuant to Part 4 of Article 9 of this Chapter. The structures are located in an area designated as a historic district on the National Register of Historic Places. The structures are individually designated as local, State, or national historic landmarks. The regulations are directly and substantially related to the requirements of applicable safety codes adopted under G.S. 143-138. Where the regulations are applied to manufactured housing in a manner consistent with G.S. 160D-908 and federal law. Where the regulations are adopted as a condition of participation in the National Flood Insurance Program. A zoning regulation shall not set a minimum square footage of any structures subject to regulation under the North Carolina Residential Code for One- and Two-Family Dwellings. Regulations prohibited by this subsection may not be applied, directly or indirectly, in any zoning district or conditional district unless voluntarily consented to by the owners of all the property to which those regulations may be applied as part of and in the course of the process of seeking and obtaining a zoning amendment or a zoning, subdivision, or development approval, nor may any such regulations be applied indirectly as part of a review pursuant to G.S. 160D-604 or G.S. 160D-605 of any proposed zoning amendment for consistency with an adopted comprehensive plan or other applicable officially adopted plan. For the purposes of this subsection, the phrase "building design elements" means exterior building color; type or style of exterior cladding material; style or materials of roof structures or porches; exterior nonstructural architectural ornamentation; location or architectural styling of windows and doors, including garage doors; the number and types of rooms; and the interior layout of rooms. The phrase "building design elements" does not include any of the following: (i) the height, bulk, orientation, or location of a structure on a zoning lot, (ii) the use of buffering or screening to minimize visual impacts, to mitigate the impacts of light and noise, or to protect the privacy of neighbors, or (iii) regulations adopted pursuant to this Article governing the permitted uses of land or structures subject to the North Carolina Residential Code for One- and Two-Family Dwellings. Nothing in this subsection affects the validity or enforceability of private covenants or other contractual agreements among property owners relating to building design elements. History (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 15, 51(a), (b), (d).) Editor's Note. - Session Laws 2020-3, s. 5, is a severability clause. Session Laws 2020-25, s. 51(b), provides: "Part II of S.L. 2019-111 [which enacted this Chapter] is effective when this act becomes law [June 19, 2020]. Part II of S.L. 2019-111 clarifies and restates the intent of law existing on the effective date of this act [June 19, 2020] and applies to ordinances adopted before, on, and after that date. Valid local government development regulations that are in effect at the time of the effective date of Part II of S.L. 2019-111 remain in effect but local governments shall amend those regulations to conform to the provisions of Part II of S.L. 2019-111 on or before July 1, 2021. Part II of S.L. 2019-111 applies to local government development regulation decisions made on or after the earlier of: "(1) The effective date of the amendments to local development regulations made to conform to the provisions of Part II of S.L. 2019-111 or "(2) July 1, 2021." Effect of Amendments. - Session Laws 2020-25, s. 15, effective June 19, 2020, in subsection (a), substituted "A local government may adopt zoning regulations. Except as provided in subsections (b) and (c) of this section, a zoning" for "A Local Government May Adopt Zoning Regulations. - A zoning" in the beginning, and added "and G.S. 160D-804.1" at the end; added subsection (c); and made a minor stylistic change. Legal Periodicals. - For note on coastal land use development and area-wide zoning, see 49 N.C.L. Rev. 866 (1971). For comment, "Planned Unit Development and North Carolina Enabling Legislation," see 51 N.C.L. Rev. 1455 (1973). For article discussing North Carolina special exception and zoning amendment cases, see 53 N.C.L. Rev. 925 (1975). For comment, "Exclusionary Zoning and a Reluctant Supreme Court" (U.S.), see 13 Wake Forest L. Rev. 107 (1977). For comment, "Urban Planning and Land Use Regulation: The Need for Consistency," see 14 Wake Forest L. Rev. 81 (1978). For article, "The North Carolina Historic Preservation and Conservation Agreements Act: Assessment and Implications for Historic Preservation," see 11 N.C. Cent. L.J. 362 (1980). For comment on exclusionary zoning of community facilities, see 12 N.C. Cent. L.J. 167 (1980). For article, "Zoning for Direct Social Control," see 1982 Duke L.J. 761 (1982). For comment discussing aesthetic zoning in North Carolina in light of State v. Jones, 305 N.C. 520 , 290 S.E.2d 675 (1982), see 61 N.C.L. Rev. 942 (1983). For survey of 1983 developments in property law, see 62 N.C.L. Rev. 1346 (1984). For article, "Moving Toward the Bargaining Table: Contract Zoning, Development Agreements, and the Theoretical Foundations of Government Land Use Deals," see 65 N.C.L. Rev. 957 (1987). For note, "The North Carolina Supreme Court Solves a City-County Conflict," see 66 N.C.L. Rev. 1266 (1988). For comment discussing contract zoning and conditional use zoning in North Carolina, see 68 N.C.L. Rev. 177 (1989). For 1997 legislative survey, see 20 Campbell L. Rev. 450 (1988). For note, "Hog Farms and Nuisance Law in Parker v. Barefoot: Has North Carolina Become a Hog Heaven and Waste Lagoon?," see 77 N.C. L. Rev. 2355 (1999). For article, "Public Education, Local Authority, and Democracy: The Implied Power of North Carolina Counties to Impose School Impact Fees," see 33 Campbell L. Rev. 239 (2011). For article, "Economic Development Incentives and North Carolina Local Governments: A Framework for Analysis," see 91 N.C. L. Rev. 2021 (2013). For article, "Searching for the Right Approach: Regulating Short-Term Rentals in North Carolina," see 96 N.C.L. Rev. 1821 (2018).