| 12 | 13 | | A BILL TO BE ENTITLED 1 |
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| 13 | 14 | | AN ACT TO INCREASE AFFORDABLE HOUSING BY ALLOWING FOR THE 2 |
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| 14 | 15 | | CONSTRUCTION OR SITING OF ACCESSORY DWELLING UNITS. 3 |
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| 15 | 16 | | The General Assembly of North Carolina enacts: 4 |
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| 16 | 17 | | SECTION 1.(a) Part 1 of Article 9 of Chapter 160D of the General Statutes is 5 |
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| 17 | 18 | | amended by adding a new section to read: 6 |
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| 18 | 19 | | "ยง 160D-917. Accessory dwelling units. 7 |
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| 19 | 20 | | (a) A local government shall allow the development of at least one accessory dwelling 8 |
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| 20 | 21 | | unit which conforms to the North Carolina Residential Code for One- and Two-Family 9 |
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| 21 | 22 | | Dwellings, including applicable provisions from fire prevention codes, for each single-family 10 |
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| 22 | 23 | | detached dwelling in areas zoned for residential use that allow for development of single-family 11 |
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| 23 | 24 | | detached dwellings. An accessory dwelling unit may be built or sited concurrently or after the 12 |
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| 24 | 25 | | primary single-family detached dwelling has been constructed or sited. Nothing in this section 13 |
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| 25 | 26 | | shall prohibit a local government from permitting accessory dwelling units in any area not 14 |
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| 26 | 27 | | otherwise required under this section. 15 |
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| 27 | 28 | | (b) In permitting accessory dwelling units under this section, a local government shall 16 |
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| 28 | 29 | | not do any of the following: 17 |
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| 29 | 30 | | (1) Prohibit the use of the primary single-family detached dwelling and the 18 |
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| 30 | 31 | | accessory dwelling for long-term rentals by separate households. 19 |
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| 31 | 32 | | (2) Require placement in a conditional zoning district. 20 |
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| 32 | 33 | | (3) Establish minimum parking requirements or other parking restrictions, 21 |
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| 33 | 34 | | including imposition of additional parking requirements where an existing 22 |
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| 34 | 35 | | structure is converted for use as an accessory dwelling unit. 23 |
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| 35 | 36 | | (4) Prohibit the connection of the accessory dwelling unit to existing utilities 24 |
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| 36 | 37 | | systems serving the primary single-family detached dwelling, provided the 25 |
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| 37 | 38 | | utility service to that primary single-family detached dwelling has capacity to 26 |
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| 38 | 39 | | serve both dwellings. 27 |
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| 39 | 40 | | (5) Charge any fees in excess of those charged for the permitting of a 28 |
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| 40 | 41 | | single-family detached dwelling similar in nature. 29 |
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| 41 | 42 | | (6) Set a maximum accessory dwelling unit size of less than 800 square feet. 30 |
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| 42 | 43 | | (c) A local government may do any of the following: 31 |
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| 43 | 44 | | (1) Impose a setback minimum for accessory dwelling units of 10 feet or the 32 |
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| 44 | 45 | | setback minimum imposed generally upon lots in the same zoning 33 |
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| 45 | 46 | | classification, whichever is less. 34 |
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| 46 | 47 | | (2) Require that accessory dwelling units be located to the side or rear of the 35 |
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| 49 | 54 | | (3) Require that accessory dwelling units be smaller than the primary 1 |
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| 50 | 55 | | single-family detached dwelling. 2 |
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| 51 | 56 | | (d) Except as otherwise provided in this section, a local government may regulate 3 |
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| 52 | 57 | | accessory dwelling units pursuant to this Chapter and nothing in this section shall be construed 4 |
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| 53 | 58 | | to impair the authority of a local government to adopt and enforce ordinances pursuant to Part 2 5 |
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| 54 | 59 | | of this Article to comply with State and federal law, rules, and regulations, or permits consistent 6 |
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| 55 | 60 | | with the interpretations and directions of the State or federal agency issuing the permit. 7 |
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| 56 | 61 | | (e) Nothing in this section shall apply to any of the following: 8 |
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| 57 | 62 | | (1) The validity or enforceability of private covenants or other contractual 9 |
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| 58 | 63 | | agreements among property owners related to dwelling type restrictions. 10 |
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| 59 | 64 | | (2) Properties located in a historic preservation district established pursuant to 11 |
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| 60 | 65 | | Part 4 of this Article. 12 |
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| 61 | 66 | | (3) Properties designated as a National Historic Landmark by the United States 13 |
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| 62 | 67 | | Department of Interior. 14 |
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| 63 | 68 | | (4) An accessory dwelling unit that is not connected to water and sewer. 15 |
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| 64 | 69 | | (f) For the purposes of this section, the term "accessory dwelling unit" means an attached 16 |
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| 65 | 70 | | or detached residential structure that is used in connection with, or that is an accessory to, a 17 |
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| 66 | 71 | | primary single-family detached dwelling and that has less total square footage than the primary 18 |
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| 67 | 72 | | single-family detached dwelling." 19 |
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| 68 | 73 | | SECTION 1.(b) This section becomes effective October 1, 2025, and applies to 20 |
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| 69 | 74 | | applications for accessory dwelling unit permits submitted on or after that date. 21 |
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| 70 | 75 | | SECTION 1.(c) A local government that has enacted an ordinance that meets the 22 |
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| 71 | 76 | | 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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| 72 | 77 | | ordinance. 24 |
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| 73 | 78 | | SECTION 2. Local governments shall adopt development regulations to implement 25 |
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| 74 | 79 | | the provisions in this act no later than January 1, 2027. If a local government fails to adopt 26 |
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| 75 | 80 | | development regulations as required by this act by January 1, 2027, accessory dwelling units 27 |
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| 76 | 81 | | shall be allowed in that local government without any limitations. 28 |
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| 77 | 82 | | SECTION 3. Except as otherwise provided, this act is effective when it becomes 29 |
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| 78 | 83 | | law. 30 |
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