Title
Hold a public hearing on a legislative public hearing requested by the Chatham County Planning Department to amend the effective date of the adopted Unified Development Ordinance from July 1, 2025 to December 31, 2025 as a result of legislative action S382 bill
Abstract
Introduction & Background: The Unified Development Ordinance was adopted by the Chatham County Board of Commissioners at their November 18th, 2024, meeting. The Board of Commissioners opted to delay the effective date until July 1st, 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 NC 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 UDO 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 UDO. Staff met with the Commissioners in January to discuss the implications of SB382 and gather their support for holding a pause on UDO implementation until we had a clearer idea if there would be a repeal or revision to that down zoning language. Since then, the consultants and staff have kept a close check on the legislative updates surrounding SB 382 and local bills put forward by counties including Chatham to remove this legislation.
Discussion & Analysis: During the adoption of the UDO in November of 2024, the BOC opted to include an effective date of July 1, 2025. This date was to allow time for zoning implementation efforts by county staff. Due to the unexpected hurdle that SB382 created with implementation, we now have identified that effective date needs to be moved to a later date to avoid the UDO becoming effective by default without the implementation efforts being completed. After discussing this matter with the County Attorney, the effective date of the UDO is recommended to be changed from July 1,2025 to December 31, 2025.
How does this relate to the Comprehensive Plan: The UDO 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: