North Carolina 2025-2026 Regular Session

North Carolina House Bill H914 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 914
	3	+	H D
	4	+	HOUSE BILL DRH30371-MQ-96
	5	+
5	6
6	7
7	8		Short Title: Higher Ed./Religious Inst. Affordable Housing. (Public)
8	9		Sponsors: Representative Dew.
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Rules, Calendar, and Operations of the House
11		-	April 14, 2025
12		-	H914 -v-1
	10	+	Referred to:
	11	+
	12	+	DRH30371 -MQ-96
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT TO ALLOW BY RIGHT DEVELOPMENT IN CERTAIN MUNICIPALITIES OF 2
15	15		LAND OWNED BY AN INDEPENDENT INSTITUTION OF HIGHER EDUCATION OR 3
16	16		A RELIGIOUS INSTITUTION FOR THE PURPOSES OF CREATING AFFORDABLE 4
17	17		HOUSING. 5
18	18		The General Assembly of North Carolina enacts: 6
19	19		SECTION 1. Part 1 of Article 9 of Chapter 160D of the General Statutes is amended 7
20	20		by adding a new section to read: 8
21	21		"§ 160D-917. Higher education and religious institutions residential use. 9
22	22		(a) Notwithstanding any provision of this Chapter to the contrary, a municipality (i) with 10
23	23		a population of greater than 50,000 as of the most recent decennial census and (ii) that is 11
24	24		designated in whole or in part as an urban area by the United States Census Bureau shall allow 12
25	25		by right, and no amendment to zoning regulations or conditional use permit shall be required, 13
26	26		residential development to the same extent and density as allowed in any areas and districts zoned 14
27	27		for residential use in the jurisdiction all land meeting the following criteria: 15
28	28		(1) The development is located on land owned on or before January 1, 2026, by 16
29	29		an independent institution of higher education or a religious institution. 17
30	30		(2) The development is not located in an area designated as a local historic district 18
31	31		(i) pursuant to Part 4 of Article 9 of this Chapter or (ii) on the National Register 19
32	32		of Historic Places. 20
33	33		(3) The development is not adjoined to any site where more than one-third of the 21
34	34		square footage on the site is dedicated to light industrial use. For purposes of 22
35	35		this subdivision, a site is "dedicated to light industrial use" if all of the 23
36	36		following criteria are met: 24
37	37		a. The square footage is currently being put to a light industrial use. 25
38	38		b. The most recently permitted use of the square footage is a light 26
39	39		industrial use. 27
40	40		c. The latest version of the municipality's comprehensive plan, adopted 28
41	41		before January 1, 2023, designates the property for light industrial use. 29
42	42		(4) The housing units on the development site are not located within 1,200 feet of 30
43	43		a site that is currently a heavy industrial use or where the most recent permitted 31
44	44		use was a heavy industrial use. 32
45	45		(5) At least eighty percent (80%) of the units must be reserved for low-income 33
46	46		residents, with the exception of no more than five percent (5%) of the units 34
47		-	reserved for a manager or staff of the independent institution of higher 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 914-First Edition
49		-	education or religious institution. For the purposes of this subdivision, 1
50		-	"low-income residents" are those residents with a family income that is eighty 2
51		-	percent (80%) or less of median family income. 3
52		-	(6) The development complies with all other development standards and building 4
53		-	codes not in conflict with this section. 5
54		-	(b) A development project that is eligible for approval as a use by right pursuant to this 6
55		-	section may include the following ancillary uses; provided that the uses are limited to the ground 7
56		-	floor of the development: 8
57		-	(1) In an area zoned for single-family residential use, ancillary uses shall be 9
58		-	limited to child care centers and facilities operated by community-based 10
59		-	organizations for the provision of recreational, social, or educational services 11
60		-	for use by the residents of the development and members of the local 12
61		-	community where the development is located. 13
62		-	(2) In all other zones, the development may include commercial uses that are 14
63		-	permitted without the requirement of a conditional use permit or planned unit 15
64		-	development permit. 16
65		-	(c) A development project that is eligible for approval as a use by right pursuant to this 17
66		-	section includes any use that was previously existing and legally permitted by the local 18
67		-	government with jurisdiction, if all of the following criteria are met: 19
68		-	(1) The total square footage of nonresidential space on the site does not exceed 20
69		-	the amount previously existing or permitted in a conditional use permit. 21
70		-	(2) The total parking requirement for nonresidential space on the site does not 22
71		-	exceed the lesser of the amount existing or of the amount required by a 23
72		-	conditional use permit. 24
73		-	(3) The new uses follow the same conditions as contained in the previous 25
74		-	conditional use permit. 26
75		-	(d) If the development project is located in an area not zoned for residential use, the 27
76		-	development project shall be allowed a density of 40 units per acre and a height of one story 28
77		-	above the maximum height otherwise applicable to the parcel. If the municipality allows greater 29
78		-	density or building height on any adjoining parcel, the greater density or building height shall 30
79		-	apply to the development project. 31
80		-	(e) The proposed development shall provide off-street parking of up to one space per 32
81		-	unit, unless another law or ordinance provides for a lower standard of parking, in which case the 33
82		-	lower standard shall apply; however, no parking requirement shall be imposed if the parcel is 34
83		-	located within 1/2 mile of a transit stop or is within a transit-oriented development district or 35
84		-	similar designation. 36
85		-	(f) For the purposes of this section, an "independent higher education institution" has the 37
86		-	same meaning as an "eligible private postsecondary institution" in G.S. 116-280(3) and a 38
87		-	"religious institution" has the same meaning as G.S. 131F-2(17)." 39
88		-	SECTION 2. This act becomes effective October 1, 2025. 40
	47	+	reserved for a manager or staff of the independent institution of higher 35
	48	+	education or religious institution. For the purposes of this subdivision, 36
	49	+	H.B. 914
	50	+	Apr 10, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH30371-MQ-96
	53	+	"low-income residents" are those residents with a family income that is eighty 1
	54	+	percent (80%) or less of median family income. 2
	55	+	(6) The development complies with all other development standards and building 3
	56	+	codes not in conflict with this section. 4
	57	+	(b) A development project that is eligible for approval as a use by right pursuant to this 5
	58	+	section may include the following ancillary uses; provided that the uses are limited to the ground 6
	59	+	floor of the development: 7
	60	+	(1) In an area zoned for single-family residential use, ancillary uses shall be 8
	61	+	limited to child care centers and facilities operated by community-based 9
	62	+	organizations for the provision of recreational, social, or educational services 10
	63	+	for use by the residents of the development and members of the local 11
	64	+	community where the development is located. 12
	65	+	(2) In all other zones, the development may include commercial uses that are 13
	66	+	permitted without the requirement of a conditional use permit or planned unit 14
	67	+	development permit. 15
	68	+	(c) A development project that is eligible for approval as a use by right pursuant to this 16
	69	+	section includes any use that was previously existing and legally permitted by the local 17
	70	+	government with jurisdiction, if all of the following criteria are met: 18
	71	+	(1) The total square footage of nonresidential space on the site does not exceed 19
	72	+	the amount previously existing or permitted in a conditional use permit. 20
	73	+	(2) The total parking requirement for nonresidential space on the site does not 21
	74	+	exceed the lesser of the amount existing or of the amount required by a 22
	75	+	conditional use permit. 23
	76	+	(3) The new uses follow the same conditions as contained in the previous 24
	77	+	conditional use permit. 25
	78	+	(d) If the development project is located in an area not zoned for residential use, the 26
	79	+	development project shall be allowed a density of 40 units per acre and a height of one story 27
	80	+	above the maximum height otherwise applicable to the parcel. If the municipality allows greater 28
	81	+	density or building height on any adjoining parcel, the greater density or building height shall 29
	82	+	apply to the development project. 30
	83	+	(e) The proposed development shall provide off-street parking of up to one space per 31
	84	+	unit, unless another law or ordinance provides for a lower standard of parking, in which case the 32
	85	+	lower standard shall apply; however, no parking requirement shall be imposed if the parcel is 33
	86	+	located within 1/2 mile of a transit stop or is within a transit-oriented development district or 34
	87	+	similar designation. 35
	88	+	(f) For the purposes of this section, an "independent higher education institution" has the 36
	89	+	same meaning as an "eligible private postsecondary institution" in G.S. 116-280(3) and a 37
	90	+	"religious institution" has the same meaning as G.S. 131F-2(17)." 38
	91	+	SECTION 2. This act becomes effective October 1, 2025. 39