Reidsville planning board tables UDO steering meeting amid uncertainty from state’s SB 382

The Reidsville Planning Board voted to table a steering-committee meeting to consider proposed changes to the Unified Development Ordinance after staff reported legal uncertainty caused by Senate Bill 382.

Planning staff said SB 382 requires owner consent for downzoning actions previously allowed to be initiated by local governments and restricts the introduction of new regulations that would create nonconformities in nonresidential districts. Staff told the board the law is terse and ambiguous, could be retroactive for codes adopted since early June, and might nullify recently adopted local provisions that create stricter standards than existed previously.

"The first part ... removed government-initiated downzoning without owner consent," staff said, adding that the more confusing portion forbids introducing regulations that create nonconformities and could affect recently adopted code updates. Staff said the city will seek direction from Council and additional legal and consultant guidance on how to interpret and implement the statute before rescheduling the steering committee.

Board members expressed concern about the retroactive implications for recently adopted ordinances and the difficulty in interpreting the measure. The board approved a motion to table the UDO item until staff returns with council direction and consultant recommendations.

Planning Director Jason said staff will prepare options for Council and coordinate with the city’s consultant to determine next steps and any code revisions consistent with state law.

The item was tabled and will be revisited after staff obtains council direction and legal interpretation.