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 H409

Regulation of Accessory Dwelling Units

NC S495

Regulation of Accessory Dwelling Units

NC H627

Regulation of Accessory Dwelling Units

NC SB897

Accessory dwelling units: junior accessory dwelling units.

NC SB229

Accessory dwelling units.

NC SB543

Accessory dwelling units and junior accessory dwelling units.

NC SB13

Accessory dwelling units.

NC AB881

Accessory dwelling units.

NC AB1585

Accessory dwelling units.

NC AB2221

Accessory dwelling units.

Similar Bills

CA AB916

Zoning: bedroom addition.

CA AB1154

Junior accessory dwelling units.

CA SB13

Accessory dwelling units.

CA AB68

Land use: accessory dwelling units.

CA SB773

Emergencies: State 911 Advisory Board.

CA AB881

Accessory dwelling units.

CA AB1033

Accessory dwelling units: local ordinances: separate sale or conveyance.

CA SB897

Accessory dwelling units: junior accessory dwelling units.