Title
Vote to approve a legislative request by the Chatham County Planning Department to amend the effective date of the adopted Unified Development Ordinance from December 31, 2025, to December 31, 2026 as a result of legislative action S382 and adopt a resolution approving a consistency statement confirming the original statement that the request supports all 10 goals of Plan Chatham
Abstract
Introduction & Background: The Chatham County Board of Commissioners adopted the Unified Development Ordinance (UDO) at their meeting on November 18, 2024. To allow time for zoning implementation, the Board delayed the effective date to July 1, 2025.
Shortly after adoption, the North Carolina General Assembly introduced Senate Bill 382, which includes a provision that significantly restricts local zoning authority. Specifically, the bill prohibits local governments from initiating any "downzoning" without the written consent of affected property owners. "Downzoning" is defined as any amendment to zoning regulations or maps that:
* Decreases allowable development density,
* Reduces permitted uses of a property, or
* Creates a nonconforming use, lot, or structure.
This provision has raised concerns among local governments across North Carolina, as it limits their ability to make zoning changes that address community needs, environmental priorities, or long-term planning goals.
In Chatham County, S382 halted efforts to implement the UDO through county-initiated rezonings aligned with Plan Chatham's Future Land Use Map, particularly in rural, agricultural, and protected areas. County staff, the County Attorney, the Manager's Office, and planning consultants White & Smith reviewed the implications of SB 382. In January 2025, staff met with the Board of Commissioners to discuss the legislation and recommended pausing UDO implementation until there was clarity on whether the bill's downzoning provision would be repealed or revised.
By early spring 2025, it became evident th...
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