14 | 13 | | A BILL TO BE ENTITLED 1 |
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15 | 14 | | AN ACT TO INCREASE AFFORDABLE HOUSING BY ALLOWING FOR THE 2 |
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16 | 15 | | CONSTRUCTION OR SITING OF ACCESSORY DWELLING UNITS. 3 |
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17 | 16 | | The General Assembly of North Carolina enacts: 4 |
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18 | 17 | | SECTION 1.(a) Part 1 of Article 9 of Chapter 160D of the General Statutes is 5 |
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19 | 18 | | amended by adding a new section to read: 6 |
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20 | 19 | | "ยง 160D-917. Accessory dwelling units. 7 |
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21 | 20 | | (a) A local government shall allow the development of at least one accessory dwelling 8 |
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22 | 21 | | unit which conforms to the North Carolina Residential Code for One- and Two-Family 9 |
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23 | 22 | | Dwellings, including applicable provisions from fire prevention codes, for each single-family 10 |
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24 | 23 | | detached dwelling in areas zoned for residential use that allow for development of single-family 11 |
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25 | 24 | | detached dwellings. An accessory dwelling unit may be built or sited concurrently or after the 12 |
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26 | 25 | | primary single-family detached dwelling has been constructed or sited. Nothing in this section 13 |
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27 | 26 | | shall prohibit a local government from permitting accessory dwelling units in any area not 14 |
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28 | 27 | | otherwise required under this section. 15 |
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29 | 28 | | (b) In permitting accessory dwelling units under this section, a local government shall 16 |
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30 | 29 | | not do any of the following: 17 |
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31 | 30 | | (1) Prohibit the use of the primary single-family detached dwelling and the 18 |
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32 | 31 | | accessory dwelling for long-term rentals by separate households. 19 |
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33 | 32 | | (2) Require placement in a conditional zoning district. 20 |
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34 | 33 | | (3) Establish minimum parking requirements or other parking restrictions, 21 |
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35 | 34 | | including imposition of additional parking requirements where an existing 22 |
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36 | 35 | | structure is converted for use as an accessory dwelling unit. 23 |
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37 | 36 | | (4) Prohibit the connection of the accessory dwelling unit to existing utilities 24 |
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38 | 37 | | systems serving the primary single-family detached dwelling, provided the 25 |
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39 | 38 | | utility service to that primary single-family detached dwelling has capacity to 26 |
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40 | 39 | | serve both dwellings. 27 |
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41 | 40 | | (5) Charge any fees in excess of those charged for the permitting of a 28 |
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42 | 41 | | single-family detached dwelling similar in nature. 29 |
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43 | 42 | | (6) Set a maximum accessory dwelling unit size of less than 800 square feet. 30 |
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44 | 43 | | (c) A local government may do any of the following: 31 |
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45 | 44 | | (1) Impose a setback minimum for accessory dwelling units of 10 feet or the 32 |
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46 | 45 | | setback minimum imposed generally upon lots in the same zoning 33 |
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47 | | - | classification, whichever is less. 34 General Assembly Of North Carolina Session 2025 |
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48 | | - | Page 2 House Bill 627-First Edition |
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49 | | - | (2) Require that accessory dwelling units be located to the side or rear of the 1 |
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50 | | - | primary single-family detached dwelling. 2 |
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51 | | - | (3) Require that accessory dwelling units be smaller than the primary 3 |
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52 | | - | single-family detached dwelling. 4 |
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53 | | - | (d) Except as otherwise provided in this section, a local government may regulate 5 |
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54 | | - | accessory dwelling units pursuant to this Chapter and nothing in this section shall be construed 6 |
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55 | | - | to impair the authority of a local government to adopt and enforce ordinances pursuant to Part 2 7 |
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56 | | - | of this Article to comply with State and federal law, rules, and regulations, or permits consistent 8 |
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57 | | - | with the interpretations and directions of the State or federal agency issuing the permit. 9 |
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58 | | - | (e) Nothing in this section shall apply to any of the following: 10 |
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59 | | - | (1) The validity or enforceability of private covenants or other contractual 11 |
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60 | | - | agreements among property owners related to dwelling type restrictions. 12 |
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61 | | - | (2) Properties located in a historic preservation district established pursuant to 13 |
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62 | | - | Part 4 of this Article. 14 |
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63 | | - | (3) Properties designated as a National Historic Landmark by the United States 15 |
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64 | | - | Department of Interior. 16 |
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65 | | - | (4) An accessory dwelling unit that is not connected to water and sewer. 17 |
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66 | | - | (f) For the purposes of this section, the term "accessory dwelling unit" means an attached 18 |
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67 | | - | or detached residential structure that is used in connection with, or that is an accessory to, a 19 |
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68 | | - | primary single-family detached dwelling and that has less total square footage than the primary 20 |
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69 | | - | single-family detached dwelling." 21 |
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70 | | - | SECTION 1.(b) This section becomes effective October 1, 2025, and applies to 22 |
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71 | | - | applications for accessory dwelling unit permits submitted on or after that date. 23 |
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72 | | - | SECTION 1.(c) A local government that has enacted an ordinance that meets the 24 |
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73 | | - | requirements of this act and G.S. 160D-917, as enacted by this act, is not required to adopt a new 25 |
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74 | | - | ordinance. 26 |
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75 | | - | SECTION 2. Local governments shall adopt development regulations to implement 27 |
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76 | | - | the provisions in this act no later than January 1, 2027. If a local government fails to adopt 28 |
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77 | | - | development regulations as required by this act by January 1, 2027, accessory dwelling units 29 |
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78 | | - | shall be allowed in that local government without any limitations. 30 |
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79 | | - | SECTION 3. Except as otherwise provided, this act is effective when it becomes 31 |
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80 | | - | law. 32 |
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| 46 | + | classification, whichever is less. 34 |
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| 47 | + | (2) Require that accessory dwelling units be located to the side or rear of the 35 |
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| 48 | + | primary single-family detached dwelling. 36 |
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| 49 | + | H.B. 627 |
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| 50 | + | Mar 31, 2025 |
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| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 52 | + | Page 2 DRH30253-MQ-97 |
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| 53 | + | (3) Require that accessory dwelling units be smaller than the primary 1 |
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| 54 | + | single-family detached dwelling. 2 |
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| 55 | + | (d) Except as otherwise provided in this section, a local government may regulate 3 |
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| 56 | + | accessory dwelling units pursuant to this Chapter and nothing in this section shall be construed 4 |
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| 57 | + | to impair the authority of a local government to adopt and enforce ordinances pursuant to Part 2 5 |
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| 58 | + | of this Article to comply with State and federal law, rules, and regulations, or permits consistent 6 |
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| 59 | + | with the interpretations and directions of the State or federal agency issuing the permit. 7 |
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| 60 | + | (e) Nothing in this section shall apply to any of the following: 8 |
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| 61 | + | (1) The validity or enforceability of private covenants or other contractual 9 |
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| 62 | + | agreements among property owners related to dwelling type restrictions. 10 |
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| 63 | + | (2) Properties located in a historic preservation district established pursuant to 11 |
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| 64 | + | Part 4 of this Article. 12 |
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| 65 | + | (3) Properties designated as a National Historic Landmark by the United States 13 |
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| 66 | + | Department of Interior. 14 |
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| 67 | + | (4) An accessory dwelling unit that is not connected to water and sewer. 15 |
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| 68 | + | (f) For the purposes of this section, the term "accessory dwelling unit" means an attached 16 |
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| 69 | + | or detached residential structure that is used in connection with, or that is an accessory to, a 17 |
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| 70 | + | primary single-family detached dwelling and that has less total square footage than the primary 18 |
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| 71 | + | single-family detached dwelling." 19 |
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| 72 | + | SECTION 1.(b) This section becomes effective October 1, 2025, and applies to 20 |
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| 73 | + | applications for accessory dwelling unit permits submitted on or after that date. 21 |
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| 74 | + | SECTION 1.(c) A local government that has enacted an ordinance that meets the 22 |
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| 75 | + | requirements of this act and G.S. 160D-917, as enacted by this act, is not required to adopt a new 23 |
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| 76 | + | ordinance. 24 |
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| 77 | + | SECTION 2. Local governments shall adopt development regulations to implement 25 |
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| 78 | + | the provisions in this act no later than January 1, 2027. If a local government fails to adopt 26 |
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| 79 | + | development regulations as required by this act by January 1, 2027, accessory dwelling units 27 |
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| 80 | + | shall be allowed in that local government without any limitations. 28 |
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| 81 | + | SECTION 3. Except as otherwise provided, this act is effective when it becomes 29 |
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| 82 | + | law. 30 |
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