North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S196 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 196
	3	+	S D
	4	+	SENATE BILL DRS35091-MQ-21
	5	+
5	6
6	7
7	8		Short Title: Winston-Salem/Forsyth Co. Planning & Zoning. (Local)
8	9		Sponsors: Senator Lowe (Primary Sponsor).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 3, 2025~~
11		-	~~S196 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS35091 -MQ-21
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO AMEND THE ENABLING LAWS RELATING TO THE CITY -COUNTY 2
14	15		PLANNING AND ZONING IN FORSYTH COUNTY AND THE CITY OF 3
15	16		WINSTON-SALEM. 4
16	17		The General Assembly of North Carolina enacts: 5
17	18		SECTION 1. Section 23 of Chapter 677 of the 1947 Session Laws, as amended by 6
18	19		Section 1(d) of Chapter 777 of the 1953 Session Laws, Section 1 of Chapter 381 of the 1973 7
19	20		Session Laws, Section 1 of Chapter 587 of the 1993 Session Laws, Section 1 of Chapter 588 of 8
20	21		the 1993 Session Laws, and Section 1 of S.L. 1999-98, reads as rewritten: 9
21	22		"Sec. 23. Zoning. The city City and the county County may by ordinance jointly or separately 10
22	23		confer upon the joint City and County Planning Board the authority and the duty of 11
23	24		recommending revisions of existing zoning ordinances or preparing new zoning ordinances or 12
24	25		resolutions for the city City or county County, or any portion thereof, in accordance with the 13
25	26		present zoning ordinance of the City of Winston-Salem and any amendments thereto and in 14
26	27		accordance with the authority for county zoning as herein authorized. The City may also by 15
27	28		ordinance confer the authority for the rezoning of property, including site plan amendments, to 16
28	29		the joint City and County Planning Board with certain rights of appeal and review before the City 17
29	30		Council. Such authority shall be exercised by the joint City and County Planning Board under 18
30	31		such rules, regulations, and guidelines as may be established by the City Council. 19
31	32		The Board of Aldermen City Council of the City of Winston-Salem is hereby empowered, in 20
32	33		accordance with the conditions and procedure specified in this act, by ordinance to regulate in 21
33	34		any portion or portions of the City of Winston-Salem the uses of buildings and structures for 22
34	35		trade, industry, residence, recreation, public activities or other purposes, and the uses of land for 23
35	36		trade, industry, residence, recreation, agriculture, water supply conservation, soil conservation, 24
36	37		forestry or other purposes. 25
37	38		For the purpose of increasing the availability of housing for persons of low or moderate 26
38	39		income, and thereby promoting the public safety and welfare, the City may by ordinance provide 27
39	40		a density bonus or other incentives of equivalent financial value to a developer of housing if that 28
40	41		developer agrees to construct multifamily residential units or single family residential units for 29
41	42		rent or sale to persons of low or moderate income, or to donate land to the City or the City of 30
42	43		Winston-Salem Housing Authority to be used for the purpose of the development of housing for 31
43	44		persons of low or moderate income, in the manner, and in accordance with the standards, 32
44	45		requirements, and regulations specified therein. For the purposes of this paragraph, 'density 33
45	46		bonus' means a density increase over the otherwise maximum allowable residential density under 34
46		-	the applicable zoning classification. 35 General Assembly Of North Carolina Session 2025
47		-	Page 2 Senate Bill 196-First Edition
	47	+	the applicable zoning classification. 35
	48	+	FILED SENATE
	49	+	Feb 27, 2025
	50	+	S.B. 196
	51	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRS35091-MQ-21
48	53		For any or all these purposes, the City may divide its territorial jurisdiction into districts of 1
49	54		any number, shape, and area that may be deemed best suited to carry out the purposes of this 2
50	55		section; and within those districts it may regulate and restrict the erection, construction, 3
51	56		reconstruction, alteration, repair or use of buildings, structures, or land; those regulations may 4
52	57		also provide for density bonuses or other financial incentives to developers as specified 5
53	58		hereinabove. All regulations shall be uniform for each class or kind of buildings throughout each 6
54	59		district, but the regulations in one district may differ from those in other districts; provided, 7
55	60		however, that the City may provide for the creation of special use districts in addition to general 8
56	61		use districts. 9
57	62		It is the purpose and intent of this section to permit Winston-Salem to create general use 10
58	63		districts in which a variety of uses are permitted, and to also create special use districts in which 11
59	64		a single use is permitted upon the issuance by the Board of Aldermen City Council of a special 12
60	65		use permit prescribing the conditions under which such use will be permitted. 13
61	66		A person petitioning for rezoning of a tract of land, where special use districts are authorized 14
62	67		by ordinance, may elect to request general use district zoning for said tract, or he may elect to 15
63	68		request special use district zoning for said tract. 16
64	69		If he elects to petition for general use district zoning, he may not refer, either in his petition 17
65	70		or at any hearings related to the petition, to the use intended for the property upon rezoning. The 18
66	71		Board of Aldermen City Council may not consider the intended use in determining whether to 19
67	72		approve or disapprove the petition, but shall consider the full range of uses permitted within the 20
68	73		requested general use district. If the petition is approved, the re-zoned property may be used for 21
69	74		any of the uses permitted in the applicable general use district. 22
70	75		If the petitioner elects to petition for special use district zoning, the petition must specify the 23
71	76		actual use intended for the property specified in the petition, and the intended use must be one 24
72	77		permitted in the corresponding general use district. If the petition is for special use district zoning, 25
73	78		the Board of Aldermen City Council is to approve or disapprove the petition on the basis of the 26
74	79		specific use requested. If the petition is approved, the Board of Aldermen City Council shall issue 27
75	80		a special use district permit authorizing the requested use with such reasonable conditions as the 28
76	81		Board of Aldermen City Council determines to be desirable in promoting public health, safety 29
77	82		and general welfare. The act of issuing a special use district permit shall be deemed to be a 30
78	83		legislative act of the Board of Aldermen, City Council, and the procedural standards applicable 31
79	84		to the legislative acts shall apply to the consideration and issuance of a special use permit. 32
80	85		The conditions contained in a special use permit issued by the Board of Aldermen City 33
81	86		Council may include: location of the proposed use on the property; the number of dwelling units; 34
82	87		the location and extent of support facilities such as parking lots, driveways, and access streets; 35
83	88		location and extent of buffer areas and other special purpose areas; the timing of development; 36
84	89		and such other matters as the petitioner may propose and the Board of Aldermen City Council 37
85	90		may find appropriate. With approval of the petitioner, the conditions may include that upon the 38
86	91		occurrence or nonoccurrence of a specified event or events, including a stated time period or time 39
87	92		lapse, the property automatically reverts to its immediately preceding zoning classification 40
88	93		without further notice, proceedings, hearings, or Board action. 41
89	94		It is the further intent of this section to permit the creation of districts for specific uses and 42
90	95		the imposition of reasonable conditions in order to secure the public health, safety and welfare, 43
91	96		and insure that substantial justice be done. 44
92	97		For the purpose of promoting the health, safety, morals and the general welfare of the City of 45
93	98		Winston-Salem and its inhabitants, and in order to give full effect to the zoning ordinance of the 46
94	99		City of Winston-Salem, as amended from time to time, said zoning ordinance, together with the 47
95	100		zone map, and any amendments thereto hereafter adopted, shall operate and have effect within 48
96	101		three miles of the corporate limits of the City of Winston-Salem, as now or hereafter established. 49
97	102		The Board of Aldermen City Council of the City of Winston-Salem may adopt ordinances from 50
98	103		time to time zoning and rezoning all or so much of said three mile area as, within the judgment 51 General Assembly Of North Carolina Session 2025
99		-	~~Senate Bill 196-First Edition~~ Page 3
	104	+	DRS35091-MQ-21 Page 3
100	105		of the board, should be brought under the operation and effect of the city zoning ordinance. The 1
101	106		board of adjustment and the administrative officer, within said three mile area, shall have and 2
102	107		may exercise all the powers and duties now or hereafter conferred upon them by the zoning 3
103	108		ordinance of the City of Winston-Salem. 4
104	109		The extension of said zoning ordinance to said three mile area and the ordinance adopted by 5
105	110		the Board of Aldermen City Council of the City of Winston-Salem from time to time shall 6
106	111		conform with the general development plan for this area, if and when promulgated by either of 7
107	112		the planning boards herein created. 8
108	113		Wherever in this Act the City Planning Board or the Board of Aldermen City Council of the 9
109	114		City of Winston-Salem or the Board of Adjustment of the City of Winston-Salem are given 10
110	115		authority in the territory outside of the corporate limits of the City of Winston-Salem, the exercise 11
111	116		of such authority beyond one mile from the corporate limits of the City of Winston-Salem shall 12
112	117		be subject to the approval of the Board of Commissioners of Forsyth County." 13
113	118		SECTION 2. Section 41 of Chapter 677 of the 1947 Session Laws reads as rewritten: 14
114	119		"Sec. 41. Definitions. The words "amend," "amendment," "amendments," or "amended," in 15
115	120		this Act, shall be deemed to include any modification of the text or phraseology of any provision 16
116	121		of any zoning resolution, or amendment thereof, or any repeal or elimination of any such 17
117	122		provision, or part thereof, or any addition to the ordinance, or to an amendment thereof, and shall 18
118	123		also be deemed to include any change in the number, shape, boundary or area of any district or 19
119	124		districts, any repeal or abolition of any map forming part of or referred to, in any zoning 20
120	125		resolution or any part of such map, any addition to such map, any new map or maps, or any other 21
121	126		change in the map or any map. The terms "Board of Aldermen" and "City Council" in this Act 22
122	127		shall be deemed to have the same meaning." 23
123	128		SECTION 3. This act applies to the City of Winston-Salem only. 24
124	129		SECTION 4. This act is effective when it becomes law. 25