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State law changes prompt UDO edits: parking minimums removed, ADU rules shift
Summary
Staff told commissioners that new state laws remove local minimum off-street parking requirements and change accessory dwelling unit rules; the planning staff will adjust the draft UDO accordingly and evaluate operational impacts, including emergency access and impervious-area effects.
Johnston County planning staff advised the board Aug. 17 of two recent state-level changes affecting the draft UDO: the legislature now prohibits local minimum off-street parking requirements (House Bill 369), and new constraints regarding accessory dwelling units (Senate Bill 445) change how ADUs may be regulated.
Planning staff said they will remove minimum parking standards from the draft UDO where state law prohibits them. Commissioners and staff discussed operational consequences, including impacts to emergency access and on-street parking when multifamily or ADU units are added. One commissioner noted fire and EMS concerns when on-street parking narrows drive lanes in subdivisions.
On ADUs, staff said the new law affects local regulating authority but noted ADUs remain subject to other development constraints — lot size, setback and impervious-surface limits — so many existing parcels will be unable to add ADUs even if the use is allowed by right. "Accessory dwelling units still have to conform to other development regulations," a staff speaker said, and commissioners asked planning to analyze how an increase in ADUs could affect school or utility capacity and emergency access.
Staff will return with edited UDO text that conforms to state law and with recommended operational standards (street widths, parking guidance, and impervious-surface controls) that will control site impacts while complying with the new statutes.
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