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Planning board considers ADU expansion, manufactured‑housing fix and effects of new state rezoning rules
Summary
Staff proposed allowing ADUs by right in all residential districts with relaxed setbacks and size limits, correcting a UDO omission that currently blocks manufactured homes in some PD neighborhoods, and warned that recent state legislation removes local waiting periods for rezoning resubmissions and constrains downzoning via SB 382.
At its November workshop the Pender County Planning Board reviewed a cluster of housing and land‑use items: proposed changes to accessory dwelling unit (ADU) rules, a correction to permitted‑use tables for manufactured housing in Planned Development (PD) districts, and the local implications of recent state legislation on rezoning resubmissions and downzoning.
"This amendment would allow ADUs by right in all residential zoning districts, eliminating the need for any kind of special permits," Virginia Norris, senior long‑range planner, said, outlining proposed updates that would include attached, detached and internal units, a maximum size standard (staff suggested 1,000 square feet or 50% of the primary dwelling as examples) and minimum side/rear setbacks of 10 feet for detached units. Staff also floated a 30‑day review timeline to streamline approvals.
Gail, a zoning reviewer who spoke from staff experience, described cases where a primary house sits far back on a large lot and homeowners want to place an ADU in the front yard to preserve waterfront views; board members noted homeowners associations and covenants may still prohibit ADUs even if the UDO changes.
On manufactured housing, staff proposed a technical correction to a PD permitted‑use table to align the table with past approvals and practice so that manufactured homes historically compatible with particular PD neighborhoods would be clearly allowed on vacant lots.
Staff also flagged two recent state law developments. One House bill removes local waiting periods that previously required applicants to wait (commonly six months) before resubmitting denied rezoning or development applications; staff said the county must allow refilings "without prejudice" and will seek attorney guidance on operational impacts. Separately, Senate Bill 382, which tightens downzoning rules, was described as requiring written consent from affected property owners before imposing changes that reduce density or permitted uses, limiting local downzoning power without owner consent.
Staff said it will draft ordinance language, research practical constraints (septic/sewer, permit timing, private covenants), and return to the board with graphics and refined text for further review.
