H.B. 794
GENERAL ASSEMBLY OF NORTH CAROLINA
May 3, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40461-BD-4A
Short Title: Allow Schools in All Zoning Districts. (Public)
Sponsors: Representative Arp.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO DESIGNATE SCHOOLS AS A PERMITTED USE IN ALL ZONING
3 DISTRICTS AND TO SPECIFY THAT CHARTER SCHOOLS ARE A SCHOOL FOR
4 THAT PURPOSE.
5 The General Assembly of North Carolina enacts:
6 SECTION 1.(a) G.S. 160D-701 reads as rewritten:
7 "§ 160D-701. Purposes.
8 (a) Zoning regulations shall be made in accordance with a comprehensive plan and shall
9 be designed to promote the public health, safety, and general welfare. To that end, the regulations
10 may address, among other things, the following public purposes: to provide adequate light and
11 air; to prevent the overcrowding of land; to avoid undue concentration of population; to lessen
12 congestion in the streets; to secure safety from fire, panic, and dangers; to facilitate the efficient
13 and adequate provision of transportation, water, sewerage, schools, parks, and other public
14 requirements; and to promote the health, safety, morals, or general welfare of the community.
15 The regulations shall be made with reasonable consideration, among other things, as to the
16 character of the district and its peculiar suitability for particular uses and with a view to
17 conserving the value of buildings and encouraging the most appropriate use of land throughout
18 the local government's planning and development regulation jurisdiction.
19 (b) The regulations may not include, as a basis for denying a zoning or rezoning request
20 from a school, the level of service of a road facility or facilities abutting the school or proximately
21 located to the school.Zoning regulations shall provide that schools are a permitted use in all
22 zoning districts as provided in G.S. 160D-913.1."
23 SECTION 1.(b) Article 9 of Chapter 160D of the General Statutes is amended by
24 adding a new section to read:
25 "§ 160D-913.1. Schools are a permitted use.
26 (a) Local government development regulations shall provide that a school is a permitted
27 use as a matter of right in all zoning districts. Except as required for a special use permit under
28 subsection (b) of this section, the procedures of Article 6 of this Chapter shall not apply to a
29 school. No development regulation for any zoning district may require a school to only be located
30 on a site contiguous to a State-maintained road or highway.
31 (b) Prior to the commencement of any construction on a site, a school shall notify the
32 local government with development jurisdiction of the school's intent to construct. Notice under
33 this section shall be in writing at least 60 days prior to the commencement of construction. A
34 notice given under this section shall be valid for two years, excluding any time the school has a
35 building permit application pending before the local government.
36 (c) As used in this section, the following definitions shall apply:
*DRH40461-BD-4A*
 General Assembly Of North Carolina Session 2021
1 (1) Construction. – The building, erection, renovation, or establishment of school
2 buildings, facilities, and infrastructure and shall not include routine
3 maintenance and repair.
4 (2) School. – As defined in G.S. 160A-307.1(b)(2)."
5 SECTION 2. G.S. 160A-307.1 reads as rewritten:
6 "§ 160A-307.1. Limitation on city requirements for street improvements related to schools.
7 (a) A city may only require street improvements related to schools that are required for
8 safe ingress and egress to the municipal street system and that are physically connected to a
9 driveway on the school site. The required improvements shall not exceed those required pursuant
10 to G.S. 136-18(29). G.S. 160A-307 shall not apply to schools. A city may only require street
11 improvements related to schools as provided in G.S. 160A-372. G.S. 160D-804. The cost of any
12 improvements to the municipal street system pursuant to this section shall be reimbursed by the
13 city. Any agreement between a school and a city to make improvements to the municipal street
14 system shall not include a requirement for acquisition of right-of-way by the school, unless the
15 school is owned by an entity that has eminent domain power. Any right-of-way costs incurred by
16 a school for required improvements pursuant to this section shall be reimbursed by the city.
17 Notwithstanding any provision of this Chapter to the contrary, a city may not condition the
18 approval of any zoning, rezoning, or permit request development approval on the waiver or
19 reduction of any provision of this section.
20 (b) The term As used in this section, the following definitions shall apply:
21 (1) Development approval. – As defined in G.S. 160D-102.
22 (2) "school," as used in this section, means any facility engaged in the educational
23 instruction of children in any grade or combination of grades from
24 kindergarten through the twelfth grade at which attendance satisfies the
25 compulsory attendance law and includes charter schools authorized under
26 G.S. 115C-218.5.School. – Any facility, including relocatable or modular
27 units as either accessory or primary facilities, that is part of a public school
28 unit, as defined in G.S. 115C-5, or part of any nonpublic school that meets the
29 requirements of Part 1 or Part 2 of Article 39 of Chapter 115C of the General
30 Statutes."
31 SECTION 3. This act becomes effective July 1, 2021, and applies to school zoning
32 applications pending or submitted on or after that date.
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Statutes affected:
Filed: 160D-701, 160A-307.1
Edition 1: 160D-701, 160A-307.1
Edition 2: 160D-701, 160A-307.1