A BILL TO BE ENTITLED
AN ACT TO CLARIFY WHEN A COUNTY OR MUNICIPALITY MAY ENACT ZONING ORDINANCES RELATED TO DESIGN AND AESTHETIC CONTROLS.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 160A‑381 is amended by adding a new subsection to read:
"(g)	Regulations relating to building design elements adopted under Parts 2 and 3 of Article 19 of this Chapter, or adopted pursuant to any recommendation made under G.S. 160A‑452(6)c., may not be applied to any structures subject to regulation under the North Carolina Residential Code for One‑ and Two‑Family Dwellings except under the following circumstances:
(1)	Structures located in areas designated as local historic districts pursuant to Part 3C of Chapter 160A of the General Statutes.
(2)	Structures located in areas listed on the National Registry of Historic Places.
(3)	Structures located in individually designated local, State, or national historic landmarks.
(4)	The regulations are directly and substantially related to the requirements of applicable safety codes adopted under G.S. 143‑138.
(5)	Where applied to manufactured or modular housing, in a manner consistent with G.S. 160A‑383.1 and federal law. 
(6)	Where such regulations are adopted as a condition of participation in the National Flood Insurance Program.
Regulations prohibited by this section may not be applied in any zoning district, special use district, conditional use district, or conditional district unless specifically consented to by the owners of all of the property to which they may be applied, nor may any such regulations be applied indirectly as part of the review pursuant to G.S. 160A‑383 of any proposed zoning amendment for consistency with an adopted comprehensive plan or other applicable officially adopted plan. For the purposes of this subsection, the phrase "building design elements" means exterior building color; type or style of exterior cladding material; style or materials of roof structures or porches; exterior nonstructural architectural ornamentation; location or architectural styling of windows and doors, including garage doors; the number and types of rooms; and the interior layout of rooms. The phrase does not include any of the following: (i) the height, bulk, orientation, or location of a structure on a zoning lot; (ii) the use of buffering or screening to minimize visual impacts, to mitigate the impacts of light and noise, or to protect the privacy of neighbors; (iii) features related to accessory buildings and parking and loading areas; and (iv) off‑premises and on‑premises signs."
SECTION 2.  G.S. 153A‑340 is amended by adding a new subsection to read:
"(k)	Regulations relating to building design elements adopted under Parts 2 and 3 of Article 18 of this Chapter, or adopted pursuant to any recommendation made under G.S. 160A‑452(6)c., may not be applied to any structures subject to regulation under the North Carolina Residential Code for One‑ and Two‑Family Dwellings except under the following circumstances:
(1)	Structures located in areas designated as local historic districts pursuant to Part 3C of Chapter 160A of the General Statutes.
(2)	Structures located in areas listed on the National Registry of Historic Places.
(3)	Structures located in individually designated local, State, or national historic landmarks.
(4)	The regulations are directly and substantially related to the requirements of applicable safety codes adopted under G.S. 143‑138.
(5)	Where applied to manufactured or modular housing, in a manner consistent with G.S. 153A‑341.1 and federal law.
(6)	Where such regulations are adopted as a condition of participation in the National Flood Insurance Program.
Regulations prohibited by this section may not be applied in any zoning district, special use district, conditional use district, or conditional district unless specifically consented to by the owners of all of the property to which they may be applied, nor may any such regulations be applied indirectly as part of the review pursuant to G.S. 153A‑341 of any proposed zoning amendment for consistency with an adopted comprehensive plan or other applicable officially adopted plan. For the purposes of this subsection, the phrase "building design elements" means exterior building color; type or style of exterior cladding material; style or materials of roof structures or porches; exterior nonstructural architectural ornamentation; location or architectural styling of windows and doors, including garage doors; the number and types of rooms; and the interior layout of rooms. The phrase does not include any of the following: (i) the height, bulk, orientation, or location of a structure on a zoning lot; (ii) the use of buffering or screening to minimize visual impacts, to mitigate the impacts of light and noise, or to protect the privacy of neighbors; (iii) features related to accessory buildings and parking and loading areas; and (iv) off‑premises and on‑premises signs."
SECTION 3.  This act is effective when it becomes law and applies to development approvals granted on or after that date.