1. Local Powers for Land Use Regulation

2. Local Land Use Powers Land use regulation is considered a residual power –In most circumstances, that is… –Power enacted through state statute –Statutes must be consistent with federal and state constitutions –States delegate powers to localities (counties, cities, towns) Regulatory power may be mandatory Regulatory power may be voluntary

3. Local Land Use Powers Local gov ’ t receives power through state statutes –The power is to create and enforce local ordinances –Ordinances must meet or exceed existing laws, providing measures are constitutional –Localities only have the powers granted to them by statute Again, Home Rule vs. Dillon ’ s Rule

4. Local Land Use Powers In North Carolina –Comes primarily from Section 160A (cities and towns) of the state statutesstate statutes Section 153A (counties) of the state statutes –Other areas also addressed in statutes Transportation Community & economic development Natural resource protection State & regional planning agencies

5. Local Land Use Powers Spatial Extent of Planning Powers –Counties Within boundaries of counties Within town and city boundaries with permission –Cities Within corporate limits Within extra-territorial jurisdiction ( “ ETJ ” )

6. Extraterritorial Jurisdiction

9. Local Land Use Powers Extra-Territorial Jurisdiction –The extension of land use regulation powers outside the corporate limits of a city or town –May extend only into county land –No other powers (or responsibilities) are allowed –Residents of ETJ Still county residents Still county voters & taxpayers (no city/town obligations) Maintain a voice on city/town planning & zoning boards

10. Local Land Use Powers Increased demand for roads, water, sewer, utilities, schools, and various other services necessary to support development Fiscal implications for cities, counties, and landowners Environmental impacts, ranging from the effects of stormwater runoff on water quality to changes in air quality due to increased automobile use Implications for farmland preservation Dramatic changes in the social and cultural character of affected areas

11. Local Land Use Powers ETJ –Size affected by size of city < 10,000 = 1 mile limit 10,000 – 25,000 = 2 mile limit > 25,000 = 3 mile limit –Determined primarily by growth trajectory Precursor to annexation Laying the groundwork for land use activity in areas likely to be annexed

12. Local Land Use Powers

14. ETJ requirements –Adopt an ordinance Boundary description Notification Get agreement from County (if ETJ > 1 mile) –File boundary map –Amend city/town zoning ordinance –Appoint ETJ members

15. Land Use Decision Making Legislative Administrative Advisory Quasi-Judicial

16. Land Use Decision Making Legislative Decisions –Affect entire community –Decisions on ordinance Adoption, amendment, repeal –Statutes mandate maximum public notice & opportunity for involvement –Decisions are made by elected body Town/City council County commissioners

17. Land Use Decision Making Administrative Decisions –Made primarily by planning staff Planners, zoning officers –Administers the ordinances enacted by legislative body –Enforces ordinances enacted by legislative body –Has very little discretion in carrying out duties

18. Land Use Decision Making Advisory Decisions –Planning Staff, Planning Commission –Provides input to other decision making bodies –Advice can be followed, amended or ignored –Planning Staff Planning commission, Board of Adjustment –Planning Commission Board of Adjustment, City Council

19. Land Use Decision Making Quasi-Judicial Decisions –Usually Board of Adjustment (BOA) Although, sometimes it may be planning commission or legislative body –BOA interprets ordinance given issue in front of it Special & Conditional Use permits Variances Appeals of administrative decisions –Rules of evidence & procedure apply –Decisions must be public –Decisions can be appealed only to Superior Court