Chatham County, NC - File #: 25-0225

• File #: 25-0225
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 5/2/2025
• In control: Planning
• On agenda: 5/19/2025
• Final action: 5/19/2025
• Title: Vote to approve a request 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
• 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.
• Related files: 25-0153

Date	Ver.	Action By	Action	Result
5/19/2025	1	Board of Commissioners	adopted	Pass

Title
Vote to approve a request 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 legi...