North Carolina SB 493: Land Use Clarification and Changes.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 2
SENATE BILL 493
Second Edition Engrossed 5/6/25

Short Title: Land Use Clarification and Changes. (Public)
Sponsors: Senators Lee, Moffitt, and Overcash (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S493-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW THE SITING OF SCHOOLS VIA SPECIAL USE PERMIT FOR 2
AREAS ZONED FOR COMMERCIAL USE; TO CLARIFY THAT USE RIGHTS ON 3
PROPERTY ARE NOT EXTINGUISHED BY THE APPROVAL OF ADDITIONAL USE 4
RIGHTS; AND TO ELIMINATE MUNICIPAL EXTRATERRITORIAL JURISDICTION. 5
The General Assembly of North Carolina enacts: 6
7
PART I. SCHOOLS A PERMITTED USE IN COMMERCIAL ZONES 8
SECTION 1.1. Part 1 of Article 9 of Chapter 160D of the General Statutes is 9
amended by adding a new section to read: 10
"§ 160D-917. Public school sites in commercial zones. 11
In areas zoned for commercial use, zoning regulations shall permit, by right or by special use, 12
the siting of a school building that is primarily used for the instruction of students and is under 13
the control of a public school unit as defined in G.S. 115C-5." 14
SECTION 1.2. This Part is effective when it becomes law. 15
16
PART II. CLARIFY EXISTING USE RIGHTS ON PROPERTY 17
SECTION 2.1. G.S. 160D-108 reads as rewritten: 18
"§ 160D-108. Permit choice and vested rights. 19
... 20
(c) Vested Rights. – Amendments in land development regulations are not applicable or 21
enforceable without the written consent of the owner with regard to any of the following: 22
(1) Buildings or uses of buildings or land for which a development permit 23
application has been submitted and subsequently issued in accordance with 24
G.S. 143-755. 25
(2) Subdivisions of land for which a development permit application authorizing 26
the subdivision has been submitted and subsequently issued in accordance 27
with G.S. 143-755. 28
(3) A site-specific vesting plan pursuant to G.S. 160D-108.1. 29
(4) A multi-phased development pursuant to subsection (f) of this section. 30
(5) A vested right established by the terms of a development agreement 31
authorized by Article 10 of this Chapter. 32
The establishment of a vested right under any subdivision of this subsection does not preclude 33
vesting under one or more other subdivisions of this subsection or vesting by application of 34
common law principles. A vested right, once established as provided for in this section or by 35
common law, precludes any action by a local government that would change, alter, impair, 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 493-Second Edition
prevent, diminish, or otherwise delay the development or use of the property allowed by the 1
applicable land development regulation or regulations, except where a change in State or federal 2
law mandating local government enforcement occurs after the development application is 3
submitted that has a fundamental and retroactive effect on the development or use. A vested right 4
obtained by permit or other local government approval shall not preclude the use or extinguish 5
the existence of any other vested right or use by right attached to the property. 6
...." 7
SECTION 2.2. G.S. 160D-705 reads as rewritten: 8
"§ 160D-705. Quasi-judicial zoning decisions. 9
... 10
(c) Special Use Permits. – The regulations may provide that the board of adjustment, 11
planning board, or governing board hear and decide special use permits in accordance with 12
principles, conditions, safeguards, and procedures specified in the regulations. Reasonable and 13
appropriate conditions and safeguards may be imposed upon these permits. Where appropriate, 14
such conditions may include requirements that street and utility rights-of-way be dedicated to the 15
public and that provision be made for recreational space and facilities. Conditions and safeguards 16
imposed under this subsection shall not include requirements for which the local government 17
does not have authority under statute to regulate nor requirements for which the courts have held 18
to be unenforceable if imposed directly by the local government, including, without limitation, 19
taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), 20
driveway-related improvements in excess of those allowed in G.S. 136-18(29) and 21
G.S. 160A-307, or other unauthorized limitations on the development or use of land. 22
The regulations may provide that defined minor modifications to special use permits that do 23
not involve a change in uses permitted or the density of overall development permitted may be 24
reviewed and approved administratively. Any other modification or revocation of a special use 25
permit shall follow the same process for approval as is applicable to the approval of a special use 26
permit. If multiple parcels of land are subject to a special use permit, the owners of individual 27
parcels may apply for permit modification so long as the modification woul