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COURSE SYLLABUS
PLAN 3032 PLANNING LEGISLATION AND ADMINISTRATION (WI)
SPRING 2015
Dr. Jerry Weitz, FAICP, Associate Professor and Director
Department of Geography, Planning and Environment
Urban and Regional Planning Program
A-215 Brewster Mail Stop 120, East Carolina University, Greenville, NC 27858
Phone: 252-328-6579 Fax: 252-737-1527 Email: [email protected]
Office Hours: M and W, 9:30-11:30 a.m., T and Th. 2:00 – 3:00 p.m.
Other times by Appointment.
Meets: Tuesdays and Thursdays, 9:30 a.m. – 10:45 a.m. (Room BD 208)
This course syllabus informs you of the expectations and requirements of the course. By
thoroughly familiarizing yourself with this syllabus, you will reduce the likelihood of problems
later in the semester.
COURSE DESCRIPTION FROM UNDERGRADUATE CATALOG
PLAN 3032. Planning Legislation and Administration (3) (WI) (S) State enabling acts, zoning
ordinances, subdivision regulations, and other legislative bases essential to effective planning.
Administrative methods and theory presented in context of planning practice.
ELABORATION ON COURSE DESCRIPTION
This is a required core undergraduate course for the BS in Urban and Regional Planning. It is
also required for the Planning minor and is an elective for the Public Administration minor.
WRITING INTENSIVE (WI) REQUIREMENT
This is a writing intensive course in the Writing Across the Curriculum Program at East Carolina
University and thus contributes to the twelve-hour WI requirement for students at ECU. Writing
requirements will follow “model 2” (professional writing) summarized below. This option
emphasizes the kinds of writing students will do on the job - writing unique to the specific
discipline. The goal of writing assignments in these courses is to prepare students to target their
message to the audience of consumers of professional planning documents and to give them
practice in writing techniques to accomplish that purpose.
Students should write a minimum of 20-25 pages of edited professional writing in a writing-
intensive course. The following assignments or variations of them would be acceptable uses of
professional writing in a WI course:
1 professional report of 10-15 pages, in multiple drafts, and 2 short "preparation"
writings, such as summaries, critiques, syntheses, lab reports, memos, letters, etc.
PLAN 3032, Planning Legislation and Administration, Spring 2015
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OR, 4-5 short writing assignments (5 pages each) such as assessment reports, validation
studies, planning documents, or cumulative reports appropriate to a specific department
or discipline.
OR, any other comparable assignments totaling approximately 20-25 pages of edited
professional writing.
ELABORATION ON WRITING INTENSIVE REQUIREMENTS
Based on guidelines and suggestions from the Writing Across the Curriculum Committee, the
following intentions will be adhered to:
At least one assignment will focus on elements of the writing process – prewriting, drafting, and
rewriting. The instructor intends to respond to student work in a timely way by returning writing
assignments quickly and with useful commentary to help students grow as thinkers and writers.
The instructor’s review of writing assignments will not focus on global marking of grammar,
punctuation, spelling errors, and so forth. Instead, in general comments, the instructor will
indicate if sentence-level errors have resulted in a lower grade. In assigning a grade, I intend to
explain to students how to improve the writing. I intend to give students opportunities to rewrite
assignments within a specific time frame to be determined, to receive better grades. Students are
encouraged to make use of The Writing Center, located on the first floor of Joyner Library and is
open more than 40 hours a week to support students in all disciplines.
Important Course Requirement: New Writing Intensive/Writing Across the Curriculum
guidelines, developed in conjunction with ECU's Quality Enhancement Plan (QEP) and
approved by the Faculty Senate in fall 2013, stipulate that all courses designated as writing
intensive (WI) should include a requirement that students submit writing samples from the
course for purposes of WAC program assessment.
Thus, you will be held accountable for uploading the following items to your student University
Writing Portfolio, which is housed in iWebfolio, software which students access via Pirate Port
(access is through Pirate Port now rather than Onestop):
1) A final draft of a major writing project from the WI course,
2) A description of the assignment for which the project was written, and
3) A writing self-analysis document (a component of our QEP). The questions to be
answered in this self-analysis document can be downloaded from the QEP website and
are included within the University Writing Portfolio itself.
Further information about these 3 items, along with checklists and written and video instructions
for accessing and using iWebfolio can be found on the QEP website (www.ecu.edu/qep).
OBJECTIVES
Upon completion of this course, you will be able to:
PLAN 3032, Planning Legislation and Administration, Spring 2015
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1. Describe the various purposes and benefits of land use regulations and relate those
purposes and benefits to comprehensive plans and society at-large.
2. Explain how police powers of local government are derived from state authority.
3. Recognize the constitutional limitations of land use regulations.
4. Name and recall major land use court cases of the U.S. Supreme Court.
5. Recognize and summarize the basic contents of a conventional zoning ordinance.
6. Distinguish unique aspects of North Carolina zoning law from zoning law generally.
7. Outline basic procedures for zoning map amendments, variances, and special uses, and
distinguish between legislative and quasi-judicial application processes.
8. Differentiate among types of zoning regulations, including conventional “Euclidean”
zoning, form-based codes, performance standards, and hybrid approaches.
9. Recognize how different land use regulations and zoning approaches will affect the
design and aesthetics of development.
10. Identify major functions of local planning agencies and explain how such agencies are
organized.
11. Name and discuss the various duties of a zoning administrator.
12. Describe steps involved in code enforcement.
13. Review and interpret site plans of development proposals for compliance with land use
regulations.
14. Show or sketch major components of planning staff reports on rezoning and subdivision
matters.
TEXTBOOKS
Note: This course requires extensive reading, and exams will cover the course readings in
addition to lectures. You are expected to have read the assigned readings on the date assigned. A
schedule of readings is provided at the end of this syllabus.
The following textbooks are required:
Elliott, Donald L. 2008. A Better Way to Zone: Ten Principles to Create More Livable Cities.
Washington, DC: Island Press. ISBN-13: 978-1-59726-181-4. (available electronically through
the Joyner Library at: http://goo.gl/HEbpA9 – no need to purchase this book)
Nolon, John R., and Patricia E. Salkin. 2006. Land Use in a Nutshell, 4th ed. St. Paul, MN:
Thomson/West. ISBN-13: 978-0-314-16371-4.
Owens, David W. 2013. Introduction to Zoning and Development Regulation, 4th ed. Chapel
Hill: School of Government, University of North Carolina at Chapel Hill. ISBN: 978-1-56011-
744-5.
READINGS IN ADDITION TO TEXTBOOKS; BLACKBOARD SITE
Additional readings are required as shown in the weekly reading list of this syllabus. A
blackboard site is established for this course and consists of other readings and useful materials,
such as example exams.
PLAN 3032, Planning Legislation and Administration, Spring 2015
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STARFISH
The starfish system in blackboard will be used to notify students of performance during the
semester.
ASSIGNMENTS AND GRADING
Your grade will be calculated based on the following combination of assignments and
expectations:
Points % of
Grade
Description of Assignment Writing
Specification*
10 10% Attendance and Participation No
10 10% Assignment 1: Planning Staff Report on Land Use
Application
4+ pages
10 10% Assignment 2: Memo on Site Plan Review 2+ pages
20 20% Test #1 (in-class, objective) No
20 20% Test #2 (in-class, objective) No
30 30% Assignment 3: Final Paper (25%) and Presentation
(5%) (including upload of materials)
18+ pages
* Double-spaced, typed, 1” margins, 12 pt Times New Roman (approx. 250 words per page)
A total of 100 points is possible. Each point = 1% of grade. The grading scale is as follows:
If at any time you would like to discuss your progress in the course, please feel free to talk with
your instructor.
Late assignments may be graded down by one-letter grade for every day late; assignments
submitted after one week beyond the due date will not be accepted.
Letter Grade Points Letter Grade Points
A 94-100 C 73-76
A- 90-93 C- 70-72
B+ 87-89 D+ 67-69
B 83-86 D 63-66
B- 80-82 D- 60-62
C+ 77-79 F Below 60
Attendance and Participation (10%)
Attendance is important; you should, therefore, maintain regular attendance if you are to attain
maximum success in the pursuit of your studies. You are responsible for all material covered in
your absences, and you are responsible for the academic consequences of your absences. You
should take notes during all lectures in order to retain knowledge covered by examination.
PLAN 3032, Planning Legislation and Administration, Spring 2015
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You are expected to (1) attend class; (2) take notes during lectures; (3) participate during
discussion time periods; (4) share critical thinking throughout the course; and (5) ask questions
during lectures and discussion periods. Attendance in class will be factored into this part of your
grade, particularly if you have more than 3 unexcused absences. Attendance and participation
scores will be calculated for the first half of the semester (5 points) and then the second half (5
points).
The instructor will also take into consideration, and may factor into your attendance and
participation score on the basis of, other classroom performances which are contrary to
expectations for attendance and participation. These include the following highly discouraged
activities: (1) side conversations during lectures or presentations, which can be disruptive to
other students and the instructor; (2) entering or leaving the classroom during lectures; (3)
reading newspapers or operating hand-held devices; and (4) use of laptop computer for other
than course-related objectives. Texting during class is considered unacceptable.
You should consult with your instructor about all class absences. It is your responsibility to
notify your instructor immediately about class absences, to provide appropriate documentation
for an absence, and discuss any missed class time or assignments. Instructor will honor valid
university-excused absences and provide reasonable and equitable means for you to make up
work missed as a result of your university-excused absences. Except in the case of university-
excused absences, it will be your instructor’s decision as to whether an absence will be excused
or whether any additional time will be granted to make up missed tests or assignments. Excused
absences should not lower your course grade, provided that you, in a manner the instructor
determines, are able to make up the work that has been missed and are maintaining satisfactory
progress in the course.
Assignment #1 Planning Staff Report – to be distributed and due date assigned
Assignment #2 Site Plan Review Memo – to be distributed and due date assigned
Assignment #3 Paper
Early Proposal Approval. It is imperative to your success that you get a paper topic/project
proposal written and approved by the instructor at the earliest possible point in the semester. The
instructor will assign a due date for proposals to be submitted and may also require the
submission of interim project deliverables. Your proposal should include the following
(anticipated length: 2 pages):
Jurisdiction: Clearly state the city or town and county and state where the project is
included.
Client: Identify the local government, property owner, merchant’s group, etc. for whom
the project or paper is intended.
Central research question or project purpose (1-2 paragraphs, succinctly stated)
A rough (4 to 8 bullet point) outline of the substance of your research inquiry or project
Methods to be utilized (archival research, literature review, field survey, interviews, etc.)
Graphics if any anticipated to be included (e.g., GIS, photos, flow charts, etc.)
PLAN 3032, Planning Legislation and Administration, Spring 2015
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Sources: Key literature citations or data sources
Failure to submit a proposal by the due date may result in reduction of 5 points of the total 25
points possible for the paper. You are also generally expected to meet with the instructor during
office hours at least once to discuss your paper topic and progress toward completing it. Non-
attendance at a scheduled session or failure to attend a session may result in one or more points
deducted from your grade on the project.
Illustrative Generalized Topics
Zoning
Review and critique of a town, city, or county zoning ordinance (entire).
In-depth analysis of a type of zoning (conditional, agricultural, inclusionary,
exclusionary, performance, etc.) with case cross-jurisdictional examples.
Comparison of different types of zoning ordinances (performance, PUD, conventional,
form-based, hybrid, etc.
Case study of a controversial zoning project (e.g., Wal-Mart in particular locality).
Cross-jurisdictional research on a particular zoning issue (signs, nonconformities,
parking, landscape management, manufactured housing, etc).
Subdivision Regulations
Map analysis of subdivision patterns in one or more localities.
Conservation or cluster subdivision practices.
Administrative process analysis of subdivision review in a given locality.
Environmental Land Use Regulations
Flood plain controls and flood damage prevention ordinances.
Wetlands permitting (federal).
Endangered species and habitat conservation plans.
Coastal zone management (NC focus or elsewhere).
Steep slope and hillside development ordinances (selected or cross-jurisdictional).
Landscaping ordinances and tree protection plan provisions.
Special Topics
Fiscal impact analysis.
Development impact fees.
Design implications of land use regulations.
Smart growth audit of a given locality’s land use regulations.
Investigation of an administrative issue in a selected local planning agency.
Analysis of Cary, NC, administrative process review request for proposal.
Others, as proposed by student and approved by instructor.
PLAN 3032, Planning Legislation and Administration, Spring 2015
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Final Paper Organization and Contents
Each paper/project may be organized differently, but the following recommendations for
organization and content of papers are provided:
Cover page
Table of contents
Abstract or executive summary
The body of the paper (introduction, main body, conclusion)
Footnotes or endnotes
Appendix (if necessary)
References
Suggestions for Writing Better Papers
Title. Often, the title of the paper will go through an evolution as you write. Start with a
working title but then “revisit” it later to see if it can be more tightly written to reflect the
contents of your paper. Do not overlook the importance of providing a title that accurately
reveals the contents of your paper. It is the first thing the reader will see! Also, in addition to
providing a title (cover) page, the title of the work should appear again at the top of the first page
of the text of the paper.
Organization. A paper should be well organized with sections and (if lengthy),
subsection headings. Sometimes there is a tendency to just write and write without any section
breaks.
Page numbers. Always provide page numbers. It is inexcusable to omit them.
Introduction. Provide an introduction at the beginning, regardless of the length of the
paper. This is usually in the form of an “abstract” or executive summary, at least for papers of
significant length (more than perhaps a dozen pages). The introduction should provide an
overview of the paper “in a nutshell” and tell the reader the major parts of the paper (how it is
organized) and what you one or two major conclusions are.
Transitions. The better papers have “transition” sentences from one section of the paper
to the next. It is desirable that the reader know what you are going to talk about next. The art of
good writing involves carefully worded statements that help the reader to leave behind the
material you have been talking about and move on to another topic or facet of your topic (i.e.,
transition).
Figures, maps, charts and illustrations. When these are provided, they should be
numbered, and each one should have a source note at the bottom. If provided, there should
(perhaps must) be some reference to them in the body of the text. If you don’t introduce the
figure or chart and the reason you have provided it, that figure or chart will just seem like it was
“dumped in” to the paper without very much thought.
PLAN 3032, Planning Legislation and Administration, Spring 2015
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Extensive quotations. When quoting another source and that quote spans more than a
sentence or two, you should indent the quotation (and probably single space it in a double-spaced
paper), so that it stands out. You should use such extensive quotations sparingly. Too much
quotation means you are not doing enough interpretation and writing on your own.
Sources. Don’t rely on websites alone. When citing information from the internet,
provide the name of the web page from which you are taking information. Providing the web
address only is insufficient. It is customary to provide the date you accessed the website – often
times, the links become invalid as time goes by.
Grading Criteria for Assignment #3
The following criteria will be considered in evaluating the term paper or final project report (not
necessarily exhaustive):
The innovativeness of the project in terms of how it was designed, approached, and
communicated.
The extent to which course readings, concepts, and principles from the course are
integrated into the findings of the report and cited in the paper or project report.
The overall professional quality of the written report, including graphics.
The extent to which all general requirements for content are met.
Evidence of interaction with client agency staff or other stakeholders in the jurisdiction,
as appropriate.
Clarity of writing.
Attendance at consultation session(s), timely submission of proposal, and timely
uploading of materials on your portfolio site as specified in this syllabus.
Presentation of Assignment #3
Assignment plus learning opportunity. You must think of the presentation period for
papers/projects not only as an assignment but also an important learning opportunity. You should
therefore attend and listen intently during the other students’ presentations and take notes. You
owe it to your fellow classmates to listen, as they will listen to you. Do not plan to use this time
for your own preparation or other activities.
Time limit for presentation. You will have approximately 10-12 minutes to present your
paper or project during the final examination period.
Submission requirements for presentation. If you prepare your presentation in
PowerPoint (not a requirement), turn in a copy of your presentation plus one electronic copy by
e-mail. If prepared on a poster, only one copy is required.
Schedule for your presentation. You will present during the final exam period. Instructor
will prepare a schedule (time slots) for the presentations. As soon as you have an approved paper
or project topic written and approved by your instructor, you will be scheduled a time during the
exam period you wish to present. The schedule will be filled in on a first-ready/approved basis,
PLAN 3032, Planning Legislation and Administration, Spring 2015
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with the first ready scheduled first. Instructor does not guarantee you the opportunity to make up
your presentation if you miss your scheduled presentation date (final exam period).
Grading Criteria - Oral Presentations
The criteria below describe the main attributes of A, B and C presentations. It is not anticipated
that grades of D or F will be given.
A: Cohesive, avoids jargon, accurate, professionally presented, entertaining, demonstrates
exceptional organization.
B: Cohesive, some jargon, accurate, reasonably professional presentation, demonstrates
reasonable organization.
C: Not cohesive, jargon in speech, accuracy questionable, digressive, disorganized.
COURSE OUTLINE AND READING SCHEDULE
1. Course Introduction and Overview (January 13, 15)
Go over syllabus and assignments; Common law origins of land use laws; property rights and
the limits of land ownership; nuisances; easements and covenants. Powers of local governments
in the intergovernmental system of states and the national government. Types of laws;
administrative rules.
___Elliott text, “Introduction,” pp. 1-6.
___Owens text, “Introduction,” pp. ix-x.
___Owens text, Chapter 1, “Fundamentals,” pp. 1-11.
___Nolon and Salkin text, Chapter I, “Introduction and Common Law Origins,” pp. 1-37.
2. History of Zoning and its Relationship to Planning (January 20)
Comprehensive plans and zoning ordinances; standard planning and zoning enabling acts;
consistency doctrine; Planning Commissions.
___Elliott text, Chapter 1, “A Brief History of Zoning,” pp. 9-38.
___Owens text, Chapter 3, “Planning,” pp. 25-29.
___Nolon & Salkin text, Chapter II, “Land Use Plans and the Planning Process,” pp. 38-66.
3. Form and Content of Zoning Ordinances (January 22, 27, 29)
Anatomy of a zoning ordinance; Use districts and zoning maps; use restrictions; height,
setbacks, and dimensional requirements; other zoning ordinance contents.
___Owens text, Chapter 4, “Zoning Ordinances,” pp. 31-52.
___Owens text, Chapter 13, “Vested Rights and Nonconformities,” pp. 133-143.
___Nolon & Salkin text, Chapter III, “Zoning Districts and the Separation of Land Uses,” pp.
67-106.
PLAN 3032, Planning Legislation and Administration, Spring 2015
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4. Zoning: Effectiveness, Variations, and Early Reforms (February 3)
Assumptions, markets and taxation, and transportation systems, NIMBY, Effectiveness. overlay
districts; planned unit developments; floating zones; performance zoning; form-based coding;
hybrid zoning ordinances
___Elliott text, Chapter 2, “Failed Assumptions,” pp. 39-60.
___Elliott text, Chapter 3, “Evolving Land Use Drivers,” pp. 61-85.
___Elliott text, Chapter 4, “Governing Well,” pp. 87-104.
5. Zoning Procedures: Legislative (February 5)
Rezoning and text amendments; Public notice requirements; planning board review; spot
zoning; contract zoning; conditional zoning.
___Owens text, Chapter 9, “Spot, Contract, and Conditional Zoning,” pp. 109-115.
6. Zoning Procedures: Quasi-Judicial; Judicial Review (February 10)
Evidentiary hearings; Boards of Adjustment; Special and conditional uses; Variances and
administrative appeals.
___Owens text, Chapter 8, “Process for Making Quasi-Judicial Decisions,” pp. 95-108.
___Owens text, Chapter 10, “Special and Conditional Use Permits, pp. 117-121.
___Owens text, Chapter 11, “Variances,” pp. 123-126.
___Owens text, Chapter 12, “Administrative Appeals and Determinations,” pp. 127-131.
___Nolon & Salkin text, Chapter XI, “Initiatives, Referenda, Mediation, and Judicial Review,”
pp. 319-348.
7. Preparing Staff Reports (February 12)
___Meck, Stuart, and Marya Morris. November 2004. “Formatting and Writing the Staff
Report.” Zoning News.
___Jefferson-Talmo (GA) Planning and Development Department. November 11, 2009. Staff
Report. Annexation (Jefferson) and Rezoning, R-09-J12.
8. Basic Constitutional Limitations on Zoning (February 17, 19)
Constitutionally protected property rights; substantive and procedural due process; equal
protection; regulatory takings; categories of takings cases.
___Elliott Text, Chapter 5, “The Legal Framework for Change,” pp. 105-127.
___Nolon & Salkin text, Chapter V, “Fifth Amendment Limits on Land Use Regulations,” pp.
130-161.
___Owens text, Chapter 15, “Constitutional Limits,” pp. 155-170.
PLAN 3032, Planning Legislation and Administration, Spring 2015
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9. First Amendment Limits; Control of Signs and Aesthetics; Historic Preservation
(February 24)
The first amendment (U.S. Constitution); adult businesses; religious land uses; sign ordinances;
landmark and historic district regulation.
___Nolon & Salkin text, Chapter VI, “Other Constitutional and Statutory Limits on Land Use
Regulations,” pp. 162-196.
___Nolon & Salkin text, Chapter X, “Aesthetic, Historic and Cultural Interest Protection,” pp.
298-318.
10. Particulars of North Carolina Land Use Law (February 26)
North Carolina city and county zoning enabling statutes; Vested rights; regulation of selected
uses; extraterritorial jurisdiction; annexation; moratoria..
___Owens text, Chapter 2, “City and County Jurisdiction,” pp. 13-23.
___Owens text, Chapter 14, “Statutory Limitations on Local Powers,” pp. 145-154.
Exam #1 (March 3)
11. Subdivision Regulations (March 5, 17)
History of suburbanization; evolution of subdivision regulations; exactions, proffers, and impact
fees; Building codes; subdivision plat and site and plan review.
___Nolon & Salkin text, Chapter IV, “Subdivision Control and Other Methods of Community
Building,” pp. 107-129.
___Owens text, Chapter 5, “Other Development Regulations,” pp. 53-64.
___Owens text, Chapter 7, “Adoption and Amendment of Land Development Regulations,” pp.
77-93.
___ Anderson, Larz, 2000, “The Subdivision Process,” pp. 203-213 (Chapter 17) in Planning
and the Built Environment (Chicago: Planners Press, 2000)
Spring Break: March 10 and March 12 (Week of March 8 through 15)
12. Site Plan Review (March 19)
Types of development plans: grading, drainage, erosion and sedimentation control, building,
site, sketch, plot, etc. Site plan review examples and review considerations.
___Pollock, Leslie S. and Arista Strungys. November 2007. “Why Do Site Plan Review?”
Zoning Practice.
___van Hemert, James. January 2005. “The Development Review Process: A Means to a Noble
and Greater End.” Zoning Practice.
PLAN 3032, Planning Legislation and Administration, Spring 2015
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13. Environmental Land Use Regulations (March 24)
U.S. environmental laws, state and local environmental land use regulations, including water
resource protection, flood hazard prevention ordinances, erosion and sedimentation control,
steep slopes and hillside ordinances; scenic viewshed protection, tree protection, wildlife habitat
protection.
___Nolon & Salkin text, Chapter IX, “Local Environmental Law as a Land Use Issue,” pp. 267-
297.
14. Housing and Urban Development (March 26)
Housing codes; types of housing; definition of family; Condemnation; Urban redevelopment;
Exclusionary and inclusionary zoning; manufactured housing; fair housing.
___Nolon & Salkin text, Chapter VIII, “Housing and Urban Development,” pp. 234-297.
___Nolon & Salkin text, Chapter XII, “Critical Contemporary Land Use Issues,” pp. 349-368.
15. Zoning and Land Use Administration; Planning Agency Management (March 31, April
2, April 7)
Organization of planning agencies; relationship to other departments; zoning administrator
duties and responsibilities; zoning enforcement; building and other permits; staffing of boards
and commissions; capital improvement programs; fiscal impact analyses; use of geographic
information systems.
___Owens text, Chapter 6, “Administration,” pp. 65-76.
___So, Frank S. 1988. “Planning Agency Management.” In The Practice of Local Government
Planning, 2nd Ed., Frank S. So and Judith Getzels, Eds. Washington, DC: International City
Management Association.
16. Code Enforcement (April 9)
___ Powers, Dale Richard, “Moving Toward a More Effective Code Enforcement Strategy,”
Practicing Planner Vol. 10, No. 1.
17. Conclusions; Toward Better Land Use Regulatory Regimes (April 14 and 16)
___Elliott text, Chapter 6, “What Have We Learned?” pp. 129-135.
___Elliott text, Chapter 7, “A Better Way to Zone,” pp. 137-209.
___Elliott text, Chapter 8, “The Way Forward,” pp. 211-221.
___Nolon & Salkin text, Chapter VII, “Smart Growth and Other Flexible Land Use Strategies,”
pp. 197-233.
April 21 Catch-up day; review for exam #2
PLAN 3032, Planning Legislation and Administration, Spring 2015
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April 23 Exam #2
April 28 State Holiday Make-up Day; Tuesday classes do not meet (no class)
May 5 Final Exam Period: 8:00 a.m. to 10:30 a.m. (student presentations)
ADDITIONAL COURSE INFORMATION
1. This course syllabus is subject to change with reasonable notice. Changes will be
communicated via e-mail and/or verbally in class.
2. You must adhere to the University’s principles of academic integrity and student conduct.
For more information, see the online Student Handbook. The Student Handbook outlines
the student code of conduct including the academic integrity policy and procedures
http://www.ecu.edu/cs-studentlife/policyhub/academic_integrity.cfm. The Office of
Student Rights and Responsibilities is the office that handles student conduct and
discipline. Please be advised of the following:
Academic integrity is a fundamental value of higher education and East Carolina
University; therefore, we will not tolerate acts of cheating, plagiarism, falsification or
attempts to cheat, plagiarize or falsify. Should we determine that an academic integrity
violation has taken place, we reserve the right either to assign a grade penalty or to refer
the case to the Office of Student Rights and Responsibilities for an Academic Integrity
Board hearing. We will assign a grade penalty up to an F for the assignment or course.
Should it come to our attention that you have had a prior academic integrity violation, or
if there are other aggravating circumstances, we will refer the case directly to the Office
of Student Rights and Responsibilities. Should the Academic Integrity Board determine
that you committed an academic integrity violation, you may be assigned a grade penalty
and/or any other sanction allowed in the student Code of Conduct, up to and including
suspension from the University.
3. Instructor is not obligated and may refuse to accept assignments via e-mail attachment.
4. In the event of inclement weather or other emergency, information about the status of
classes at ECU is available by calling the ECU emergency information hotline (252-328-
0062) and on the ECU emergency alert website (http://www.ecu.edu/alert).
5. East Carolina University seeks to comply fully with the Americans With Disabilities Act
(ADA). Students requesting accommodations based on a disability must be registered
with the Department for Disability Services, located in Slay 138 (252-737-1016), to
verify the disability before any accommodation can be made.
6. E-mail Protocol and Etiquette. This course may necessitate contacting us by e-mail. You
are expected to monitor you student e-mail address daily and to check for announcements
on blackboard. In corresponding to us by e-mail, at minimum, refer to the course number
PLAN 3032, Planning Legislation and Administration, Spring 2015
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in the subject line and/or identify the purpose of your contact in the subject line of the e-
mail. You must always identify your name in e-mail correspondence (at end of body of
message). Do not assume we know who you are by the e-mail address! E-mails should
contain proper English and form. If you do not receive a reply within two calendar days
to your e-mail, please resend it.
CLASS CONDUCT
This is a statement in support of my expectations for civil and respectful behavior in the
classroom. It is important that we have a classroom atmosphere that optimizes teaching and
learning and we all share the responsibility for creating a civil and non-disruptive forum. You are
expected to conduct yourself at all times in a manner that does not disrupt teaching or learning.
Behavior which disrupts the learning process may lead to disciplinary action and/or removal
from class as specified in university policies, including the Student Code of Conduct, which is
available at: http://www.ecu.edu/cs-studentlife/policyhub/conduct_code.cfm.
Here are some specific requirements for classroom behavior:
Cell Phones & Other Audible Devices: You must turn their cell phones and other audible
devices off or put them on vibrate mode while in class. Do not answer phones in class.
Texting during class is considered unacceptable.
Computer Use. Using your laboratory or personal computer during class time for non-
course related activities can be disrespectful and distracting. Use computers only for
class-related activities.
Side conversations between students during course lectures are considered unacceptable.
I may advise you of additional class rules and guidelines for conduct.
PLAN 3032, Planning Legislation and Administration, Spring 2015
15
SPRING 2014 SEMESTER SCHEDULE AT A GLANCE: PLAN 3032
Week Date Topic(s)
1 Jan. 13 Course Introduction and Overview
Jan. 15 Course Introduction and Overview
2 Jan. 20 History of Zoning and its Relationship to Planning
Jan. 22 Form and Content of Zoning Ordinances
3 Jan. 27 Form and Content of Zoning Ordinances
Jan 29 Form and Content of Zoning Ordinances
4 Feb. 3 Zoning: Effectiveness, Variations, and Early Reforms
Feb. 5 Zoning Procedures: Legislative
5 Feb.10 Zoning Procedures: Quasi-Judicial; Judicial Review
Feb. 12 Preparing Staff Reports
6 Feb. 17 Basic Constitutional Limitations on Zoning
Feb. 19 Basic Constitutional Limitations on Zoning
7 Feb. 24 First Amendment; Control of Signs & Aesthetics; Historic Preservation
Feb. 26 Particulars of North Carolina Land Use Law
8 Mar. 3 Exam #1
Mar. 5 Subdivision Regulations
9 Mar. 10 Spring Break; No Class
Mar. 12 Spring Break; No Class
10 Mar. 17 Subdivision Regulations
Mar. 19 Site Plan Review
11 Mar. 24 Environmental Land Use Regulations
Mar. 26 Housing and Urban Development*
12 Mar. 31 Zoning and Land Use Administration; Planning Agency Management
April 2 Zoning and Land Use Administration; Planning Agency Management
13 April 7 Zoning and Land Use Administration; Planning Agency Management
April 9 Code Enforcement
14 April 14 Conclusions; Toward Better Land Use Regulatory Regimes
April 16 Conclusions; Toward Better Land Use Regulatory Regimes
15 April 21 Catch up Day; review for exam #2
April 23 Exam #2
16 April 28 State Holiday Make-up Day (No class)
May 5 Exam Period 8:00 a.m. - 10:30 a.m. (presentations)
PLAN 3032, Planning Legislation and Administration, Spring 2015
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COURT CASE CITATIONS FOR EXAMS (CHRONOLOGICAL)
Welsh v. Swasey (1909)
Hadacheck v. Sebastian (1915)
Pennsylvania Coal v. Mahon (1922)
Village of Euclid v. Ambler Realty Co. (1926)
Nectow v. City of Cambridge (1928)
Berman v. Parker (1954)
Golden v. Planning Board of the Town of Ramapo (1972)
Just v. Marinette County (1972)
Fasano v. Board of Commissioners of Washington County (1973)
Village of Belle Terre v. Boraas (1974)
Baker v. City of Milwaukie (1975)
Southern Burlington County NAACP v. Township of Mount Laurel (1975)
Construction Industry Ass'n of Sonoma County v. City of Petaluma (1976)
City of Eastlake v. Forest City Enterprises, Inc. (1976)
Associated Home Builders v. City of Livermore (1976)
Young v. American Mini Theatres (1976)
Village of Arlington Heights v. Metropolitan Housing Development Corp. (1977)
Penn Central Transportation Co. v. New York City (1978)
Agins v. Tiburon, 447 U.S. 255 (1980)
Metromedia Inc. v. City of San Diego (1981)
San Diego Gas and Electric Co. v. City of San Diego (1981)
Loretto v. Teleprompter Manhattan CATV Corp. (1982)
Hawaii Housing Authority v. Midkiff (1984)
City Council of Los Angeles v. Taxpayers for Vincent (1984)
City of Cleburne v. Cleburne Living Center (1985)
City of Renton v. Playtime Theatres (1986)
Nollan v. California Coastal Commission (1987)
First English Evangelical Lutheran Church v. County of Los Angeles (1987)
Keystone Bituminous Coal Ass'n v. DeBenedictis (1987)
Lucas v. South Carolina Coastal Council (1992)
Dolan v. City of Tigard (1994)
City of Boerne v. Flores (1997)
Suitum v. Tahoe Regional Planning Agency (1997).
City of Monterey v. Del Monte Dunes (1999)
Palazzolo v. State of Rhode Island (2001)
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (2002)
Lingle v. Chevron, U.S.A., Inc. (2005)
Kelo v. City of New London (2005)
Massachusetts v. Environmental Protection Agency (2007)
Koontz v. St. Johns River Water Management District (2012)