TITLE: Title
Update on Chapter 160D
PURPOSE: The purpose of this agenda item is to provide the Town Council with an update on the adoption of Chapter 160D of the N.C.G.S. and to discuss a tentative schedule for bringing Town regulations into compliance.
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DEPARTMENT: Planning
CONTACT INFORMATION: Christina Moon - 919-918-7325, cmoon@townofcarrboro.org; Marty Roupe - 919-918-7333, mroupe@townofcarrboro.org; Patricia McGuire - 919-918-7327, pmcguire@townofcarrboro.org; Nick Herman - 919-929-3095, herman@broughlawfirm.com
INFORMATION: Legislation adopted as Part II of the S.L. 2019-111 (Senate Bill 355), and updated as S.L. 2020-25, reorganized the state's planning and development regulation statutes, combining the previously separate county (G.S. Chapter 153A) and municipal statutes (G.S. 160A) (for cities) into one article, and relocating some regulations previously located in separate sections such adult businesses and family care homes into the same article.
Some of the key elements of the legislation include:
* The removal of conditional use districts as a rezoning mechanism (rezoning & conditional use permits at the same time); existing conditional use districts will automatically become conditional districts as of January 1, 2021
* The use of conditional use permits will also be removed. All quasi-judicial permits will become special use permits; this change will also occur automatically.
* Comprehensive plans will become required.
* Provisions relating to development agreements have been moved to 160D as part of the legislation. The use of development agreements will become legislative decisions. The Town does not currently use this tool for development.
* Conflict of interest provisions will apply to staff.
* Notice for letters of enforcement can be sent via email.
* Citations for legislative authority in the Land Use Ordinance, other chapters of the Town Code and the Town Charter will need to be updated.
Staff has been reviewing t...
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