Category: protest petitions

Buggy whips still gone, but protest petitions survive

Bill that would limit N.C. cities’ power to ban projecting garages passed the N.C. House but not the N.C. Senate. This street in Corpus Christi, Texas, features so-called “snout houses.” Photo: Brett VA, Creative Commons

 It turns out protest petitions did NOT go the way of buggy whips, at least not in the just-ended session of the N.C. General Assembly.

Here’s what I wrote last month: “Protest petitions going the way of buggy whips.” But elected officials are nothing if not predictably unpredictable. As The Charlotte Observer’s Jim Morrill wrote (while I was vacationing at the beach) : “Right to protest zoning changes survives N.C. Legislature.“

The bill that contained the end of protest petitions also contained a variety of other regulatory changes. This one will be of particular concern to environmentalists: As the blog for the Real Estate and Building Industry Coalition put it, “For the next year, local governments are prohibited from adopting any new environmental regulations that exceed state or federal law, unless they do by unanimous vote.”  Here’s a link to that REBIC blog item.

The not-loved-by-planners provision that would limit local government’s ability to regulate the placement of doors, windows and other architectural elements for single-family housing and some multifamily – House Bill 150 – passed the N.C. House but didn’t make it out of the Senate. REBIC notes this bill was its top priority.

Planners had deep concerns that it would ban them from regulating so-called snout houses, in which garages projecting from the front of houses can, in subdivisions of look-alike houses, create the visual image of a street of garages, rather than a street of houses. In addition, a growing number of communities have adopted form-based zoning codes (here’s a link to the Form-Based Codes Institute) which worry less about density or the uses of buildings, giving developers far more flexibility, but which instead concentrate on how well buildings fit in with their surroundings. Architectural design elements play a larger role in a form-based code than in a conventional zoning ordinance.

For a pro-con package on House Bill 150, check out PlanCharlotte.org‘s articles from March: Bill to limit local zoning powers: two views.

Protest petitions going the way of buggy whips

If you’ve paid attention to Charlotte planning and zoning matters you know the powerful role that protest petitions have played in stopping rezonings that neighbors oppose. The N.C. legislature is moving rapidly toward eliminating protest petitions.

It’s part of a larger bill that would remove a number of local environmental regulations that are stronger than state regulations. The bill passed the N.C. House on Thursday. (“Bill eliminates protest-petition rights in zoning cases“) It now goes back to the N.C. Senate, which passed it without the protest petition section.

Here’s a synopsis of the action, from the blog of Charlotte’s Real Estate and Building Industry Coalition. It notes how many local legislators in both parties voted for the bill, which would, among other things, scrap a key local storm-water pollution ordinance. “House passes landmark regulatory reform package.”

The protest petition is a 90-year-old section of state law that has let adjoining property owners file official protests against proposed rezonings. If enough of these protests are deemed valid, then that rezoning can’t pass without a three-quarters vote from the elected body which in Charlotte is the City Council. In development-happy Charlotte, the provision occasionally means the defeat of rezonings that would otherwise pass, although the council OKs the overwhelming majority of proposed rezonings.

Here’s an editorial from the Greensboro News & Record about the bill: http://www.news-record.com/opinion/n_and_r_editorials/article_41619342-ea81-11e2-b870-0019bb30f31a.html

The editorial says: “… There was no chance for compromise, just a wholesale repeal with little warning.

“In principle, the action contradicts what the Republican legislature has done in regard to involuntary annexations. It has empowered affected residents to call for a referendum. This measure takes power from residents.

“But some developers don’t like protest petitions because it’s harder for them to advance projects that neighbors don’t want. They’re “costly and hinder development,” Rep. Rob Bryan, R-Mecklenburg, said Thursday.”

It’s part of a bill that state planners are calling the “Billboards Forever” bill. Read this report from The Charlotte Observer’s Jim Morrill: http://campaigntracker.blogspot.com/2013/07/surprises-not-surpising-near-sessions.html

Protest petitions strangle development?

Ahem, someone needs to get out more. Up in Greensboro, there’s a discussion over whether the city should no longer be exempt from the law that allows protest petitions against proposed rezonings. The city council is to vote on Wednesday whether to ask the legislature to lift its exemption, so its citizens can file protest petitions as in most other N.C. cities.

One argument being raised against protest petitions is that they would strangle development. Whoever is saying this clearly has not been to Charlotte, where (until the recession slowed everything) it was quite clear that development here has been anything but strangled.

(What’s a protest petition? When a rezoning is proposed, if enough adjoining property owners sign a protest petition, then the deciding body, e.g. Charlotte City Council, must pass the rezoning by a three-fourths vote. And the mayor gets to vote on protest-petition rezonings, unlike other rezonings.)