- The right to file a protest petition against a rezoning is a time honored right.
- Under NC law, if the owners of 5% of the ring of property 100 feet deep surrounding land to be rezoned file a formal protest petition, it takes a super majority of 3/4s of the members of the city council to pass the rezoning.
- The protest petition right in North Carolina is as old as zoning itself. The right was part of the legislation passed by the General Assembly in 1923 giving cities the right to regulate land use by zoning.
- A protest petition right protects a neighbor’s investment in his own property and his reasonable expectations in the stability of the regulatory environment. It protects neighbors and property owners from sudden, capricious, and wrongfully-motivated zone changes.
- When neighbors file a protest petition it is a signal that the proposed rezoning deserves special attention by elected officials.
- Relatively few protest petitions are filed and they rarely cause rezonings to be denied. But protest petitions do often lead to more thoughtful results in zoning cases and better buffering and protections between incompatible uses.
- The levels the playing field between ordinary citizens trying to protect their homes and powerful developers who can afford attorneys and land planners to advance their interests.
- The right to a protest petition was part of model zoning laws promulgated by the US Department of Commerce in the 1920s. It is part of zoning law all across the country.
- Citizens in states bordering North Carolina have the right to file a protest petition. Why shouldn’t we?
Monday, June 8, 2015
Tuesday, April 21, 2015
Saturday, April 18, 2015
City of Raleigh Planning Commission Text Change Committee Agenda
Agenda for Tuesday, April 21, 2015 at 9 a.m.
Location: Raleigh Municipal Building, 222 W. Hargett Street, Conference Room 303, Raleigh,
North Carolina. For information call 919-996-2626.
TC-2(B)-15 Amends Sections 6.1.4., 6.4.10.B., and 6.1.11.C. of the Part 10A Raleigh Unified Development Ordinance to amend the Allowed Principal Use Table regarding Fuel Sales to reflect issues and concerns raised during the initial utilization period of the Unified Development Ordinance and during the UDO Citywide Zoning Map Amendment review process.
Please write a quick note to the Planning Commission before the meeting this Tuesday. At this meeting, a decision will be made about text changes to the Unified Development Ordinance (UDO) and it's application to Fuel Stations. It will directly affect the ordinances that apply to any fuel stations that are built adjacent to residential neighborhoods.
Wednesday, April 1, 2015
Wednesday, July 23, 2014
July 18, 2014
Grow Raleigh Great began just a few short months ago out of concerns about the UDO and how it fails the Comprehensive Plan. As you all likely know, a lot has happened in those months including ongoing public discussions with the City's Comprehensive Planning Committee. This past Tuesday those same concerns were introduced to the full Council during their lunchtime work session.
Discussions will continue and we are looking forward to a full hearing about these issues in the near future in City Council Chambers.
In the meantime Grow Raleigh Great is looking forward to grow Grow Raleigh Great itself. We have been and will continue to reach out and meet with other neighborhood groups, civic organizations, CAC's, and anyone willing to have a rational discussion about future development and the future of this great City.
To date Grow Raleigh has a web forum. All of you receiving this email are members of that growing forum. A short-term goal is to have several hundred members within a few weeks if possible. So, please tell all of your friends about the web forum. In the long-term there is no reason why the forum could not grow to several thousand. Instructions for joining the web forum can be found on the Grow Raleigh Great website at http://growraleighgreat.blogspot.com.
And, yes, Grow Raleigh Great has a website at the aforementioned address. We will be updating the website with a lot of new content. So, be sure to check it out on a fairly regular basis.
For those of you on Facebook, we have a Facebook group. At this time the Facebook group has a relatively small number of members. Again, we would like to grow this group as well. So be sure to tell all of your friends about us on Facebook. The Facebook group can be found at https://www.facebook.com/groups/GrowRaleighGreat/
Lastly, we will be preparing the first Grow Raleigh Great newsletter. The newsletter will be a professionally produced document loaded with stories about development, the UDO, the Comprehensive Plan, and focus on City decision makers and the development process. If you have ideas for a story or would like to contribute as an author, please contact us!
Grow Raleigh Great can always be reached at our email address: email@example.com. Feel free to reach out with any questions or suggestions. We are all amateurs with busy lives, jobs, and families. The more help the better.
Thank you all for your patience and support as we Grow Raleigh Great.
David Cox / Grow Raleigh Great
Monday, June 30, 2014
- Developer’s Request; Rezone from NB to NX with 7 stories : Z-2-14 --http://www.raleighnc.gov/content/PlanDev/Documents/Zoning/Rezoning/RezoningCases/2014/Z-002-14.pdf
- Comp Plan allows 5 stories.
- Wade CAC and neighbors voted AGAINST 7 stories; support 5 stories
- More good info on Grow Raleigh Great: http://growraleighgreat.blogspot.com/
- On 6/17, City Council voted to approve the zoning (Stephenson, Crowder, McFarlane voted against it).
- There is a second and final vote this Tuesday July 1. If one or more Councilors who previously voted for it, changes their vote, then the rezoning to 7 stories will fail.
- The Comprehensive Plan is the vision for the City and states, because Hillsborough is a Core Transit area, a max of 5 stories are allowed.
- Neighborhood preservation is one of the key principles of the Comprehensive Plan; Many years of work with planners with stakeholders (neighborhoods and businesses) have created a Comprehensive Plan to address development in Raleigh. Approving a seven story building in variance with these guidelines is not in alignment with this policy.
- If this vote approves a 7 story building, it sets a precedent. The Comprehensive Plan is early in its implementation. Future rezoning cases will point to this case and demand similar treatment. This makes having a Comprehensive Plan of questionable importance.
- Urge City Council to vote AGAINST 7 stories
- City Council (all) firstname.lastname@example.org
Wednesday, July 24, 2013
Community SCALE members have organized this petition drive to facilitate a fast response from the community. Please sign and share this with your neighbors and friends immediately. Because the NC legislature is tagging laws of considerable importance onto other bills, it is difficult to track this legislation by bill number. It is being considered in multiple forms as we write.
This is a state-wide initiative.
Raleigh has risen to the top of national rankings by promoting quality growth that also protects our property rights and quality of life. For decades, Raleigh and municipalities throughout North Carolina have relied on a state law giving property owners next to rezoning proposals the right to file a Protest Petition, effectively raising the bar for approval from five to six Council votes. A final vote on Senate Bill 112 would repeal protest petitions statewide.
Every development proposal creates some community impacts such as more traffic, noise, stormwater runoff and so forth. A Protest Petition acknowledges that adjacent property owners are almost always impacted the most and should therefore be considered for added protection. Although Protest Petitions are seldom used, their repeal will make it harder to promote quality growth that also protects property rights. Quality growth that respects property rights is what creates jobs throughout our state.
What action is needed:
1. Please sign this petition to ask the NC Legislature to protect your rights as a homeowner and NOT to repeal the “Protest Petition” law.
2. Please call or email your Wake Delegation Members and politely ask them to remove the Protest Petition Repeal from SB112.
The Legislature is trying to finish their session this week so please sign and share with your contacts asap.
Why is this important:
If the Protest Petition option is repealed, homeowners will have no recourse to protect their own property rights from the potential negative impacts of new development.
The Protest Petitions law, started in 1923, was designed to give homeowners a voice when new developments that require rezoning are planned adjacent to their properties. The Protest Petition is composed of the signatures of people who own at least 5 percent of a 100-foot buffer around the proposed development. When such a valid Protest Petition is filed, the proposed project requires approval of three quarters of the local board (City Council, Town Council).