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"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.
A major revision of a classic planning text. This book contains a complete model subdivision ordinance for city and county governments as well as more than 100 pages of legal commentary. The model regulations are generally compatible with all state statutes and work in urban, suburban, and rural settings. They show how communities can finance capital facilities, balance new development with existing surroundings, avoid exposure to the legal pitfalls of takings and substantive due process claims, and much more. Two new chapters cover public facilities impact fees and land readjustment. The chapter on impact fees includes a section on regulatory takings law that looks at how prominent U.S. Supreme Court cases have affected property rights, development, and regulation. Each section of the model regulations is followed by insightful commentary that supports, annotates, and documents the text. The authors explore the rationale for using various regulations, basing their arguments on existing statutory authority, case law, and federal constitutional requirements. The commentary identifies and explains changes from the original model regulations. Whether you're drafting new regulations or considering amendments to existing ones, you'll find Model Subdivision Regulations to be an invaluable reference.
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.
In most communities, land use regulations are based on a limited model that allows for only one end result: the production of more and more suburbia, composed of endless subdivisions and shopping centers, that ultimately covers every bit of countryside with "improvements." Fortunately, sensible alternatives to this approach do exist, and methods of developing land while at the same time conserving natural areas are available. In Conservation Design for Subdivisions, Randall G. Arendt explores better ways of designing new residential developments than we have typically seen in our communities. He presents a practical handbook for residential developers, site designers, local officials, and landowners that explains how to implement new ideas about land-use planning and environmental protection. Abundantly illustrated with site plans (many of them in color), floor plans, photographs, and renditions of houses and landscapes, it describes a series of simple and straightforward techniques that allows for land-conserving development. The author proposes a step-by-step approach to conserving natural areas by rearranging density on each development parcel as it is being planned so that only half (or less) of the buildable land is turned into houselots and streets. Homes are built in a less land-consumptive manner that allows the balance of property to be permanently protected and added to an interconnected network of green spaces and green corridors. Included in the volume are model zoning and subdivision ordinance provisions that can help citizens and local officials implement these innovative design ideas.
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.
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.
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.