"Chapter 160D of the North Carolina General Statutes is the first major recodification and modernization of city and county development regulations since 1905. The endeavor was initiated by the Zoning and Land Use Section of the N.C. Bar Association in 2013 and emanated from the section's rewrite of the city and county board of adjustments statute earlier that year. This bill summary and its many footnotes are intended to help citizens and local governments understand and navigate these changes."--Page vii.
Virtually all North Carolina cities and counties with zoning use special and conditional use permits to provide flexibility in zoning ordinances and to secure detailed reviews of individual applications. This publication first examines the law related to the standards applying to such permits and the process required to make decisions about applications. Based on a comprehensive survey of North Carolina cities and counties, it then discusses how cities and counties have exercised that power.
Zoning is one of the most visible and important functions of local governments. Few issues will pack a hearing room more quickly than a controversial zoning case that may address questions such as: -Should multifamily or commercial development be allowed on this site? -Will this rezoning increase traffic congestion or lead to overcrowded schools? -Is there any way we can protect this historic neighborhood or these natural resources if this development is approved? -Will this zoning decision stifle economic development? -What will this do to my property values? Many critical zoning decisions such as these are made by citizens serving on government panels. These decisions can have a tremendous impact on landowners, their neighbors, and the future quality of an entire community. Introduction to Zoning and Development Regulation provides a clear, understandable explanation of zoning law for citizen board members and the public. It is an introduction for citizens new to these issues or a refresher for those who have been at the zoning business for some time. This is a useful overview of land use law that will be of interest to anyone interested in or affected by local zoning and development regulation. This revised version replaces Introduction to Zoning, Third Edition, 2007, and all previous editions. A free PDF download of the table of contents is available (https://www.sog.unc.edu/publications/books/introduction-zoning-and-development-regulation-fourth-edition!/details).
As its name suggests, a quasi-judicial decision is like a court decision in several important ways. It requires the deciding board to use its judgment in applying general law to a particular land use situation while ensuring the constitutional due process rights of the parties. This handbook is designed as a guide for boards making development regulation decisions through the quasi-judicial process. The discussion covers the process prior to, during, and after the evidentiary hearing as well as the decision itself. Other topics include the board of adjustment, variances, special use permits, certificates of appropriateness, appeals of zoning determinations, and judicial review. A package of 5 books is available for a discounted price for those looking to purchase copies for their entire board.
This book addresses various components of development regulation, including the types of and legal authority for regulations that are used, the roles and responsibilities of those involved, the scope of city and county jurisdiction, and a wealth of detailed legal analysis. The third edition incorporates legal developments through 2019. Topics include: -Ordinance amendments, -Spot, contract, and conditional zoning, -Quasi-judicial procedures, -Special use permits and variances, -Vested rights, -Statutory and constitutional limits on regulatory authority, and -Judicial review of regulatory decisions.
North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North Carolina's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of North Carolina's constitution. Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a "sound, basic education." The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Community Character provides a design-oriented system for planning and zoning communities but accounts for how people who participate in a community live, work, and shop there. The relationships that Lane Kendig defines here reflect the complexity of the interaction of the built environment with its social and economic uses, taking into account the diverse desires of municipalities and citizens. Among the many classifications for a community’s “character” are its relationship to other communities, its size and the resulting social and economic characteristics. According to Kendig, most comprehensive plans and zoning regulations are based entirely on density and land use, neither of which effectively or consistently measures character or quality of development. As Kendig shows, there is a wide range of measures that define character and these vary with the type of character a community desires to create. Taking a much more comprehensive view, this book offers “community character” as a real-world framework for planning for communities of all kinds and sizes. A companion book, A Practical Guide to Planning with Community Character, provides a detailed explanation of applying community character in a comprehensive plan, with chapters on designing urban, sub-urban, and rural character types, using character in comprehensive plans, and strategies for addressing characteristic challenges of planning and zoning in the 21st century.
Beginning in the 1950s, a group of academics, businesspeople, and politicians set out on an ambitious project to remake North Carolina’s low-wage economy. They pitched the universities of Raleigh, Durham, and Chapel Hill as the kernel of a tech hub, Research Triangle Park, which would lure a new class of highly educated workers. In the process, they created a blueprint for what would become known as the knowledge economy: a future built on intellectual labor and the production of intellectual property. In Brain Magnet, Alex Sayf Cummings reveals the significance of Research Triangle Park to the emergence of the high-tech economy in a postindustrial United States. She analyzes the use of ideas of culture and creativity to fuel economic development, how workers experienced life in the Triangle, and the role of the federal government in bringing the modern technology industry into being. As Raleigh, Durham, and Chapel Hill were transformed by high-tech development, the old South gave way to a distinctly new one, which welded the intellectual power of universities to a vision of the suburban good life. Cummings pinpoints how the story of the Research Triangle sheds new light on the origins of today’s urban landscape, in which innovation, as exemplified by the tech industry, is lauded as the engine of economic growth against a backdrop of gentrification and inequality. Placing the knowledge economy in a broader cultural and intellectual context, Brain Magnet offers vital insight into how tech-driven development occurs and the people and places left in its wake.
The Color of the Land brings the histories of Creek Indians, African Americans, and whites in Oklahoma together into one story that explores the way races and nations were made and remade in conflicts over who would own land, who would farm it, and who would rule it. This story disrupts expected narratives of the American past, revealing how identities--race, nation, and class--took new forms in struggles over the creation of different systems of property. Conflicts were unleashed by a series of sweeping changes: the forced "removal" of the Creeks from their homeland to Oklahoma in the 1830s, the transformation of the Creeks' enslaved black population into landed black Creek citizens after the Civil War, the imposition of statehood and private landownership at the turn of the twentieth century, and the entrenchment of a sharecropping economy and white supremacy in the following decades. In struggles over land, wealth, and power, Oklahomans actively defined and redefined what it meant to be Native American, African American, or white. By telling this story, David Chang contributes to the history of racial construction and nationalism as well as to southern, western, and Native American history.
