Agenda - Planning Commission - 07/12/2018

Home

Zoning Bulletin June 10, 2018 I Volume 12 I Issue 11 access the remedies of Protest Petition Statute (as the statute allowed the rem- edy only by property owners within a certain proximity to the proposed rezoning). Thus, the court concluded that they Byrons, as parties not subject to or able to avail themselves of the Protest Petition Statute, were not "directly and adversely affected" by the unavailability of a statutory procedure they were never entitled to enjoy in the fast instance —and therefore did not have standing to bring their claim interpreting the language "initiated on" in Ses- sion Law 2015-160. The court further held that the Byrons did not have standing to bring their constitutional claims. The court found that the Byrons claims were solely as persons with a "general interest as . . . citizen[s] in good government in ac- cordance with the provisions of the Constitution[,]" rather than as those "who [are] in immediate danger of sustaining a direct injury." See also: Wake Cares, Inc. v. Wake County Bd. of Educ., 190 N.C. App. 1, 660 S.E.2d 217, 231 Ed. Law Rep. 951 (2008), decision aff'd, 363 N.C. 165, 675 S.E.2d 345 (2009). See also: Charles Stores. Co. v. Tucker;; 263 N.C. 710, 140 S.E.2d 370 (1965). Zoning News from Around the Nation CONNECTICUT The state's General Assembly recently passed House Bill 5515, "which would empower local zoning commissions throughout the state to regulate the brightness and illumination of advertising signs and billboards." The bill exempts from such regulations signs that do no have the technological capabil- ity to have brightness adjusted. The bill next goes to the state Senate for consideration. Source: New Haven Independent; www.newhavenindevendent.org LOUISIANA The Louisiana House Municipal Affairs Committee recently voted to "ap- prove a ban that would forbid local governments from requiring developers to include affordable housing in new developments." Municipalities could still provide incentives to developers to encourage the building of affordable housing. Opponents of the bill included City of New Orleans officials, while proponents of the bill included the Home Builders Association of Greater New Orleans. Source: The Times -Picayune; www.nola.com PENNSYLVANIA In late April, the Philadelphia Planning Commission put a 45-day hold on City Council legislation "intended to overhaul community notification require- ments about zoning changes." The proposed regulation would, among other © 2018 Thomson Reuters 11