Loop Holes in Protest Petition

It's wonderful that the right to protest rezoning has been legally restored to Greensboro with provisions that make it harder to pass the horrible rezoning that has been done in our city in the past. However; there are several loop holes that are used to to the advantage of some who ask for rezoning.

1. There is a provision in NC law which was requested in the Greensboro Legislative Agenda and a coalition of municipal governments several years ago. (I can't remember the the official name of the group).
The law prohibits small unincorporated communities to incorporate if they are within a certain distance of an already incorporated city.

2. NC Law allows large cities to annex any area adjacent to their city limits without any restraints that I know about.

Greensboro uses these two provisions to swallow up areas around its perimeter and inflict "original zoning." to the area.

The protest petition only applies to zoning map amendments. It arises either when neighbors object to the REZONING of a parcel or when the owner objects to a REZONING proposed by the government or the neighbors.

COUNTY RESIDENTS DO NOT HAVE THE AUTHORITY TO USE THE PROTEST PETITION. The exception to this general rule is where the General Assembly has modified the generally applicable law as it applies to a particular city or county. For example, local legislation adopted in 1971 removed the protest petition for Greensboro, while local legislation adopted in 2003 extended the protest petition to Durham County.

The overwhelming majority of rezoning petitions are not subjected to a protest petition. . . .

Some of this Information provided by: David W. Owens, 
Gladys H. Coates Professor of Public Law and Government 
School of Government 
CB 3330, Knapp-Sanders Building 
University of North Carolina at Chapel Hill 
Chapel Hill, N.C. 27599-3330 
919-966-4208 (voice) 
919-962-0654 (fax) 

And:The Protest Petition Blog


triadwatch said...

great points diane and here is a interesting aspect of this issue in that the restoration of protest petitions came after the area of greensboro seeing all the growth in the cardinal area was annexed last year so the original zoning is there because this restoration happened after the annexation.

You could make a arguemnt in guilford county that the whole county needs protest petitions but that will be bigger fight and issue. Robbie pave it perkins brought that up on 21st of January.

Professor Owens does great work on this issue of protest petitions and it was his statement that it is mandatory for cities and municipalities in N.C. to have protest petitions was a great reason our coalition got this reversed.

Thanks for the post will link on protest petition site. Also great questions on the greenway as well.

Anonymous said...

Good post Diane as yours always are. Indeed something has to be done to keep cities from gobbling up areas that don't want to be gobbled. BB