The Forsyth County Board of Commissioners unanimously voted to lift the moratorium on RES 2, RES 3 and RES 4 zoning applications after a public hearing on Thursday, June 2nd. The emergency 30 day moratorium was put in place March 3rd due to a lack of community development and planning staff to process zoning applications, and was extended in April to June 3rd. At a recent public hearing the Board discussed further extending the moratorium through the end of the year to December 31, 2016. The HBA is working with industry partners to consider industry alternatives to address this issue.
Update on RES3-zoned properties
A moratorium on building permits was extended to December 7, 2016 for RES3-zoned properties that wish to build out with a minimum lot size less than 14,750 sq. ft., excluding the following categories of RES3-zoned properties:
(a) Where the RES3 zoning for the property was approved after July 18, 2013, or,
(b) Where the RES3-zoned property has an existing sewer reservation agreement that was fully paid for as of August 23, 2016 (fully paid for sewer reservation agreements shall include fully paid for sewer reservation agreements that have been lawfully assigned to a developer or development).
The moratorium does not affect the development of properties where the rights under a prior RES3 zoning have become vested.
- The moratorium does not disturb or hinder land disturbance permit applications that were tendered to the County prior to August 9, 2016.
WHAT DOES THIS MEAN FOR YOU?
If your property was zoned after July 18, 2013, you may still develop your property using minimum 10,000 sq. ft. lots.
If your property was zoned on or before July 18, 2013, you may still develop your property using lots smaller than 14,750 sq. ft., ONLY if:
you have a fully paid sewer reservation agreement;
you have an LDP in process that was filed with Forsyth County prior to August 9, 2016; or
You submit and have approved a vested rights determination.
It is recommend that you move forward toward having an LDP approved for your RES3 project prior to December 7, 2016, or at the very least, acquire sewer capacity for your project, as the County Commission may still remove the automatic vesting provision at that time.