Chatham County, NC - File #: 24-5767

• File #: 24-5767
• Version: 1
• Type: Agenda Item
• Status: Work Session
• File created: 1/6/2025
• In control: Planning
• On agenda: 1/21/2025
• Title: Receive a presentation on North Carolina Senate Bill 382 & Unified Development Ordinance Implementation
• Indexes: Comp Plan Goal 1: Preserve the rural character and lifestyle of Chatham County, Comp Plan Goal 10: Foster a healthy community., Comp Plan Goal 2: Preserve, protect, and enable agriculture and forestry., Comp Plan Goal 3: Promote a compact growth pattern by developing in and near existing towns, communities, and in designated, well planned, walkable, mixed use centers., Comp Plan Goal 4: Diversify the tax base and generate more high-quality, in-county jobs to reduce dependence on residential property taxes, create economic opportunity and reduce out-commuting., Comp Plan Goal 5: Conserve natural resources., Comp Plan Goal 6: Provide recreational opportunities and access to open space., Comp Plan Goal 7: Provide infrastructure to support desired development and support economic and environmental objectives., Comp Plan Goal 8: Become more resilient by mitigating, responding and adapting to emerging threats., Comp Plan Goal 9: Provide equitable access to high-quality education, housing and community options for all.

Title

Receive a presentation on North Carolina Senate Bill 382 & Unified Development Ordinance Implementation

Abstract

Introduction & Background:

The Unified Development Ordinance was adopted by the Chatham County Board of Commissioners at their November 18^th, 2024, meeting. The Board of Commissioners opted to delay the effective date until July 1^st, 2024, to allow time for zoning implementation. Shortly thereafter, the NC General Assembly introduced Senate Bill 382. A critical component of this bill is a provision that significantly impacts local zoning authority. This provision prohibits local governments from initiating any “downzoning” of property without the explicitly written consent of the property owners. The bill defines “downzoning” as any amendment to zoning regulations or maps that: decreases the allowable density of development, reduces permitted uses of the property, and creates a nonconforming use, lot, or structure. The legislation being drafted this way has raised concern amongst local governments in North Carolina since it will hinder their ability to implement necessary zoning changes aimed at addressing community needs, environmental concerns, or planning objectives. In our case, this legislation put a halt on us implementing the Unified Development Ordinance by beginning the county initiated rezoning effort to target rural, agricultural, and parks and protected areas per the suggestion of Plan Chatham’s Future Land Use map. County Staff, County Attorney, Manager’s Office, and White & Smith have discussed the potential effects of SB382 on the Unified Development Ordinance. Following that conversation, County staff are preparing to give a high-level overview of SB382, its impact on the Unified Development Ordinance, and implementation options.

Discussion & Analysis: In order to determine the best path forward for Unified Development Ordinance implementation considering the SB382 approval, planning staff alongside the County Attorney will attend the January 18^th meeting work session to provide an overview SB 382 and its effect on the Unified Development Ordinance. Following the discussion of those items, we will then help the Board of Commissioners evaluate Unified Development Ordinance implementation options going forward.

How does this relate to the Comprehensive Plan: The Unified Development Ordinance implements the policies, goals, and vision of Plan Chatham, ensuring that the comprehensive plan’s guidelines are reflected in the County’s land use regulations.

Budgetary Impact: N/A

Recommendation/Motion: Discuss and evaluate Unified Development Ordinance implementation options.