CHARLOTTE, N.C. (QUEEN CITY NEWS) — A provision on the second-to-last page of a bill that is now law now has municipalities across North Carolina taking a closer look at their zoning ordinances and the future of certain rules in place.
The provision, referred to in the controversial law as “No Local Government Initiated Down-Zoning Without Consent of Affected Property Owner,” said that no amendment to zoning regulations that ‘down-zones’ a property will be allowed “without the consent of all property owners whose property is the subject of the down-zoning amendment.”
The provision, part of what is more widely known as Senate Bill 382, became law last month. The bill, which was meant to address Helene recovery, became controversial over a number of other measures in the legislation. Then-governor Roy Cooper called the extra provisions in the bill a “power grab” on the part of Republicans in the state, who voted to override the veto, allowing the bill to become law just before the new year.
Since its passage, a number of towns across the state have been addressing the “down-zoning” provision. It refers to changing the zoning of a specific piece of property for more restrictive, less-dense use. An example of this includes would be changing zoning in a neighborhood that had apartments or duplexes, to only allow single-family homes.
Supporters of the “down-zoning” provision said it would strengthen the rights of property owners.
Those against the provision, primarily local municipalities, said this now adversely affects rules limiting short-term rentals and rezoning flood-prone areas.
“This, as it’s written, at least, appears on its face to take away the ability to do that completely and leaves municipalities hands completely tight on how they can address future land use,” said Bill McHugh, a councilman in the Brunswick County town of Leland, which recently started looking into the effects of the “down-zoning” provision.
Matthews discussed the issue Monday night at their Board of Commissioners meeting. The town recently approved a new policy regarding short-term rentals, and now that can’t be fully enforced.
“It was done by Raleigh, and it was another example of Raleigh taking control from us to run our town as we see fit,” Mayor John Higdon said. “It’s ridiculous.”
Davidson will be taking up the issue at their Board of Commissioners meeting Tuesday evening.
Municipalities that Queen City News spoke with said they are hopeful that there will be enough pushback to get the attention of state legislators to address the provision.
Queen City News reached out to the local supporters of the bill for comment on the specific part of the “down-zoning” provision. None had responded by our deadline.
