GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H D
HOUSE BILL DRH30371-MQ-96
Short Title: Higher Ed./Religious Inst. Affordable Housing. (Public)
Sponsors: Representative Dew.
Referred to:
*DRH30371 -MQ-96*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW BY RIGHT DEVELOPMENT IN CERTAIN MUNICIPALITIES OF 2
LAND OWNED BY AN INDEPENDENT INSTITUTION OF HIGHER EDUCATION OR 3
A RELIGIOUS INSTITUTION FOR THE PURPOSES OF CREATING AFFORDABLE 4
HOUSING. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. Part 1 of Article 9 of Chapter 160D of the General Statutes is amended 7
by adding a new section to read: 8
"ยง 160D-917. Higher education and religious institutions residential use. 9
(a) Notwithstanding any provision of this Chapter to the contrary, a municipality (i) with 10
a population of greater than 50,000 as of the most recent decennial census and (ii) that is 11
designated in whole or in part as an urban area by the United States Census Bureau shall allow 12
by right, and no amendment to zoning regulations or conditional use permit shall be required, 13
residential development to the same extent and density as allowed in any areas and districts zoned 14
for residential use in the jurisdiction all land meeting the following criteria: 15
(1) The development is located on land owned on or before January 1, 2026, by 16
an independent institution of higher education or a religious institution. 17
(2) The development is not located in an area designated as a local historic district 18
(i) pursuant to Part 4 of Article 9 of this Chapter or (ii) on the National Register 19
of Historic Places. 20
(3) The development is not adjoined to any site where more than one-third of the 21
square footage on the site is dedicated to light industrial use. For purposes of 22
this subdivision, a site is "dedicated to light industrial use" if all of the 23
following criteria are met: 24
a. The square footage is currently being put to a light industrial use. 25
b. The most recently permitted use of the square footage is a light 26
industrial use. 27
c. The latest version of the municipality's comprehensive plan, adopted 28
before January 1, 2023, designates the property for light industrial use. 29
(4) The housing units on the development site are not located within 1,200 feet of 30
a site that is currently a heavy industrial use or where the most recent permitted 31
use was a heavy industrial use. 32
(5) At least eighty percent (80%) of the units must be reserved for low-income 33
residents, with the exception of no more than five percent (5%) of the units 34
reserved for a manager or staff of the independent institution of higher 35
education or religious institution. For the purposes of this subdivision, 36
H.B. 914
Apr 10, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRH30371-MQ-96
"low-income residents" are those residents with a family income that is eighty 1
percent (80%) or less of median family income. 2
(6) The development complies with all other development standards and building 3
codes not in conflict with this section. 4
(b) A development project that is eligible for approval as a use by right pursuant to this 5
section may include the following ancillary uses; provided that the uses are limited to the ground 6
floor of the development: 7
(1) In an area zoned for single-family residential use, ancillary uses shall be 8
limited to child care centers and facilities operated by community-based 9
organizations for the provision of recreational, social, or educational services 10
for use by the residents of the development and members of the local 11
community where the development is located. 12
(2) In all other zones, the development may include commercial uses that are 13
permitted without the requirement of a conditional use permit or planned unit 14
development permit. 15
(c) A development project that is eligible for approval as a use by right pursuant to this 16
section includes any use that was previously existing and legally permitted by the local 17
government with jurisdiction, if all of the following criteria are met: 18
(1) The total square footage of nonresidential space on the site does not exceed 19
the amount previously existing or permitted in a conditional use permit. 20
(2) The total parking requirement for nonresidential space on the site does not 21
exceed the lesser of the amount existing or of the amount required by a 22
conditional use permit. 23
(3) The new uses follow the same conditions as contained in the previous 24
conditional use permit. 25
(d) If the development project is located in an area not zoned for residential use, the 26
development project shall be allowed a density of 40 units per acre and a height of one story 27
above the maximum height otherwise applicable to the parcel. If the municipality allows greater 28
density or building height on any adjoining parcel, the greater density or building height shall 29
apply to the development project. 30
(e) The proposed development shall provide off-street parking of up to one space per 31
unit, unless another law or ordinance provides for a lower standard of parking, in which case the 32
lower standard shall apply; however, no parking requirement shall be imposed if the parcel is 33
located within 1/2 mile of a transit stop or is within a transit-oriented development district or 34
similar designation. 35
(f) For the purposes of this section, an "independent higher education institution" has the 36
same meaning as an "eligible private postsecondary institution" in G.S. 116-280(3) and a 37
"religious institution" has the same meaning as G.S. 131F-2(17)." 38
SECTION 2. This act becomes effective October 1, 2025. 39