North Carolina Urban Progress Zones State Agrarian Zones Zoning and GIS

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North Carolina Urban Progress Zones State
Agrarian ZonesZoning and GIS
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• Definition and Intent
• Agrarian Zone
• Urban Progress Zone

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Agrarian Zone

• NCGS 143B-437.10
• Counties Only
• To provide economic incentives to stimulate new
  investment and job creation in economically
  distressed areas

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Urban Progress Zone

• NCGS 143B-437.09
• Local Municipal Government
• No language on number of zones
• To provide economic incentives to stimulate new
  investment and job creation in economically
  distressed urban areas

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Differences

• Only County government can apply for AG Zones
• County cannot have municipal area with a
  population greater than 10,000
• No more than one zone per county
• Only Local Municipal government can apply for UP
  Zones.
• Municipality must be greater than 10,000 in
  population
• No language on number of zones

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Application Requirements

• A map showing the census tracts and block groups
  that comprise the zone
• GIS function
• A detailed description of the boundaries of the
  zone
• A zoning map for the municipality of the zone (UP
  Zone)
• GIS Function
• A certification regarding the size of the zone
  (AG Zone)
• Detailed census information
• A resolution passed by the governing board of the
  applicant
• Any other material required by the Secretary of
  Commerce

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Size ConstraintsGIS can determine these figures

• Urban Progress Zone
• May not exceed 15 of the total area of the
  municipality
• Agrarian Zone
• May not exceed 10 of the total area of the
  county

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Designation

• Effective until December 31 of the year following
  the year in which the determination was made.
• http//www.nccommerce.com/finance/incentives/tax/

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State Development Zones

• Expire December 31, 2007
• Re-designated through letter of commitment
• Commerce Finance
• Department of Revenue
• Contact
• David Spratley
• Commerce Finance 919-715-2064

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• " 105-129.2A.  Sunset studies.
• (a)       Sunset. This Article is repealed
  effective for business activities that occur on
  or after January 1, 2008.2007.
• (a1)     Sunset for Interstate Air Couriers.
  Notwithstanding subsection (a) of this section,
  in the case of an interstate air courier that
  enters into a real estate lease on or before
  January 1, 2006, with an airport authority that
  provides for the lease of at least 100 acres of
  real property with a lease term in excess of 15
  years, this Article is repealed effective for
  business activities that occur on or after
  January 1, 2010.
• (a2)     Sunset for Eligible Major Industries.
  Notwithstanding subsection (a) of this section,
  in the case of a taxpayer that qualifies as an
  eligible major industry on or before January 1,
  2006, this Article is repealed effective for
  business activities that occur on or after
  January 1, 2010.
• (a3)     Sunset for Certain Taxpayers Located in
  Development Zones. Notwithstanding subsection
  (a) of this section, in the case of a taxpayer
  that satisfies all of the conditions of this
  subsection, this Article is repealed effective
  for business activities that occur on or after
  January 1, 2010.
• (1)       Before January 1, 2006, the taxpayer
  signs a letter of commitment with the Department
  of Commerce describing a proposed new or
  expanding project and specifying the amount to be
  invested in real property and machinery and
  equipment, the number of new jobs to be created,
  and a proposed timetable for making the
  investment and creating the jobs.
• (2)       Before January 1, 2006, the Secretary
  of Commerce makes a written determination that
  the taxpayer is expected to purchase, lease, or
  construct and place in service in an eligible
  business at a location within a development zone
  within a three-year period at least ten million
  dollars (10,000,000) of real property and
  machinery and equipment and that the taxpayer
  will create at least 300 new jobs at the location
  within a three-year period beginning when the
  property is first placed in service in an
  eligible business.
• (3)       Before January 1, 2006, the taxpayer
  places at least four million dollars (4,000,000)
  of real property and machinery and equipment in
  service at the location and creates at least 20
  new jobs at the location.
• (a4)     Sunset for Taxpayers That Sign a Letter
  of Commitment. Notwithstanding subsection (a)
  of this section, in the case of a taxpayer that
  signs a letter of commitment with the Department
  of Commerce on or before December 31, 2006,
  stating the taxpayer's intent to create new jobs
  or make new investments with respect to machinery
  and equipment, central office or aircraft
  facility property, or substantial investments in
  other real property at a specific site in this
  State, this Article is repealed effective for
  business activities that occur on or after
  January 1, 2008. If a taxpayer elects to take any
  credit under the provisions of this subsection
  for activities occurring in the 2007 taxable
  year, the taxpayer may not take any credit under
  Article 3I of this Chapter with respect to the
  same establishment for activities occurring in
  the 2007 taxable year.

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Application

• http//www.ncdca.org/zones/agzones.asp
• http//www.ncdca.org/zones/upzones.asp

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ZONING

• This section will discuss the zoning component as
  well as stress the need for a seamless zoning
  layer.

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Zoning Component

• Urban Progress Zone
• The area of the zone zoned as nonresidential does
  not exceed thirty-five percent (35) of the total
  area of the zone.

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Zoning

• Zoning should be calculated as a seamless layer
  with no gaps
• Area cannot have rezoning in progress
• Explanation of zoning district must be included
  in application

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Zoning Law

• 160A-382
• For any or all these purposes, the city may
  divide its territorial jurisdiction into
  districts of any number, shape, and area that my
  be deemed best suited to carry out the purposes
  of this part and within those districts it may
  regulate and restrict the erection, construction,
  reconstruction, alteration, repair or use of
  buildings, structures, or land.

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Zoning Law

• 160A-384
• The city council may provide for the manner in
  which zoning regulations and restrictions and the
  boundaries of zoning districts shall be
  determined, established, and enforced, and from
  time to time amended, supplemented or changed, in
  accordance with the provisions of this Article..

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Parcel Based Zoning Architecture

• Rezoning can be problematic
• Parcel-splitting or spilt-zoned parcels?
• Editing parcel layer and not zoning layer
• Not seamless
• Can conflict spatially with land use symbology

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Seamless Zoning Architecture

• Polygons can be created, edited or removed
  specific to zoning
• Editing sessions allow for quick rezoning
• Does not compromise parcel layer
• Parcel layer supports land use data that is
  separate from zoning data

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Parcel Map or Zoning Map?
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Seamless Zoning Layer
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(No Transcript)
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Notification

• Identifying adjacent property owners based on
  the zoning layer is easily accomplished by a
  seamless layer. Allowing the zoning to connect
  the parcels provides a clearer relationship
  especially when gaps such as ROW are present.

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Additional GIS Functions for Zones

• Calculate area of zone
• Calculate area of zoning in zone
• Depict existing zoning in zone
• Show spatial relationship between corporate
  limits and zone boundary
• Provides specific analysis tools for overlay and
  proximity
• Show roads
• Census tracts and block group boundaries

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Contacts

• Will Best
• 919-733-2850
• wbest_at_nccommerce.com
• Commerce Finance
• David Spratley
• 919-715-2064
• NC Department of Revenue
• http//www.dor.state.nc.us/taxes/corporate/

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QUESTIONS??