| 14 | 13 | | A BILL TO BE ENTITLED 1 |
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| 15 | 14 | | AN ACT TO RESTORE THE AUTHORITY TO INITIATE DOWN -ZONING IN 2 |
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| 16 | 15 | | HENDERSON COUNTY FOR CERTAIN PURPOSES. 3 |
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| 17 | 16 | | The General Assembly of North Carolina enacts: 4 |
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| 18 | 17 | | SECTION 1. G.S. 160D-601(d), as amended by Section 3K.1(a) of S.L. 2024-57, 5 |
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| 19 | 18 | | reads as rewritten: 6 |
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| 20 | 19 | | "(d) Down-Zoning. – No amendment to zoning regulations or a zoning map that 7 |
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| 21 | 20 | | down-zones property shall be initiated, enacted, or enforced initiated nor is it enforceable without 8 |
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| 22 | 21 | | the written consent of all property owners whose property is the subject of the down-zoning 9 |
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| 23 | 22 | | amendment. amendment, unless the down-zoning amendment is initiated by the local 10 |
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| 24 | 23 | | government and is for the purpose (i) of farmland preservation in districts zoned for agriculture 11 |
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| 25 | 24 | | or (ii) for floodplain mitigation in areas designated as special flood hazard areas by the Federal 12 |
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| 26 | 25 | | Emergency Management Agency. For purposes of this section, "down-zoning" means a zoning 13 |
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| 27 | 26 | | ordinance that affects an area of land in one of the following ways: 14 |
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| 28 | 27 | | (1) By decreasing the development density of the land to be less dense than was 15 |
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| 29 | 28 | | allowed under its previous usage. 16 |
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| 30 | 29 | | (2) By reducing the permitted uses of the land that are specified in a zoning 17 |
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| 31 | 30 | | ordinance or land development regulation to fewer uses than were allowed 18 |
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| 32 | 31 | | under its previous usage. 19 |
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| 33 | 32 | | (3) By creating any type of nonconformity on land not in a residential zoning 20 |
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| 34 | 33 | | district, including a nonconforming use, nonconforming lot, nonconforming 21 |
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| 35 | 34 | | structure, nonconforming improvement, or nonconforming site element." 22 |
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| 36 | 35 | | SECTION 2.(a) This act applies only to Henderson County and the portions of 23 |
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| 37 | 36 | | municipalities located in Henderson County. 24 |
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| 38 | 37 | | SECTION 2.(b) This act is effective when it becomes law and applies retroactively 25 |
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| 39 | 38 | | to December 11, 2024. Any adopted ordinance affected by Section 3K.1 of S.L. 2024-57 shall 26 |
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| 40 | 39 | | be in effect as it was on or before December 11, 2024. 27 |
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