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Attempts by Cabarrus County to zone based on school county were struck down by the NC’s Supreme Court on the grounds that the state-granted zoning authority did not explicitly include the ability to zone according to “efficient and adequate” provision of public facilities. The state government has granted broad authority to local governments to develop zoning laws however, the state government also has a considerable history of interfering in local zoning conflicts.
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In NC, local governments have no inherent power, all of their power is derived and permitted by the state government. NC is somewhat unique compared to other states in that the state-level government has a considerable amount of power over localities, even when it comes to local zoning codes. Zoning has also become increasingly powerful, as legislative changes and constitutional rulings have expanded the permissible uses of zoning codes to include aesthetics and historic preservation. Local zoning codes, even for small cities and towns, typically exceed 100 pages in length. Modern zoning codes in NC, as in much of the United States, tend to be long and complicated. By 1960, the majority of NC cities and towns had implemented zoning policies. As suburbanization spread and the “Baby Boom” population growth increased population density, zoning laws became increasingly common. Beginning in 1934, when the Federal Housing Authority (FHA) was created, residential zoning was solidified by federal influence as the standard method of improving property values and ensuring only “desirable” development was permitted. Ambler, which established that local governments’ policing powers also encompass zoning powers. Zoning was supported and strengthened by the 1926 Supreme Court case Euclid v. In 1923, the North Carolina General Assembly (NCGA) permitted local city governments to develop zoning codes, and by the end of the century, a dozen NC cities had adopted such codes. Zoning laws began cropping up throughout the United States beginning in the early 1900s, with the first being passed by the Los Angeles municipal government in 1908. Upzoning can look radically different from place to place, as some municipalities only permit the development of duplexes or additional dwelling units (ADUs), while others go further to allow much higher density construction in what were originally R1 areas. Other states, such as California, as well as many municipalities (including Portland, Oregon and Minneapolis, Minnesota), have implemented upzoning policies. In contrast, “upzoning” refers to liberalizing existing zoning regulations to permit higher density construction and potentially mixed-use development. All of these regulations often work to promote low-density, urban sprawl. Outside of formal zoning, other regulations exist, including parking minimums, maximum height limits, setback requirements, and minimum lot sizes. R1 zoning only permits low-density, single family detached homes. The most common residential zoning in NC, as well as much of the United States, is R1 zoning. “Zoning” broadly refers to the range of land-use regulations designed to restrict the types of buildings that can be built on certain parcels of land as well as their design, height, size, and use.
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This memo also addresses counter arguments raised by proponents of exclusionary zoning practices, and specific measures the NC General Assembly can take to eliminate exclusionary zoning within the state. This memo provides a brief summary of the history and background of zoning laws, both federally and within the state of North Carolina, as well as the impacts of NC’s current exclusionary zoning status quo on housing affordability, economic opportunity and development, racial and class disparities, as well as its environmental consequences.