B Council Wants to Make It Much Harder to Protest Zoning Changes

B Council wants to make it much harder to protest zoning changes

Section 11-808(D) of the City’s Zoning Ordinance currently permits owners of at least 20 percent of the land area in or within 300 feet of an area that is proposed to be rezoned to protest that rezoning. The protest is permitted for either a “map” or a “text” amendment to the Zoning Ordinance. This requirement applies to the entire City and not just the waterfront area.

Upon the filing of a valid protest petition, Council can then adopt a map or text amendment only with a supermajority vote of at least 6-to-1. If two members of Council vote “no,” then the amendment is defeated.

Partially in response to the zoning protest of the proposed W-1 zoning change, Council is considering eliminating from the Zoning Ordinance the ability of landowners to protest a “text” change to the Zoning Ordinance. This change would apply to the entire city.

Limiting the scope of protest petitions to “map” amendments (i.e., changes in the boundaries of a particular zone) would be an enormous diminution of the due-process rights of all properties owners in the City and, indirectly, of all Alexandrians.

There is absolutely no linkage between the Council’s attempt to revise the parameters of the W-1 Zone and this initiative to eliminate protest petitions for text amendments to the Zoning Ordinance. It appears that Council is trying to use its frustration with trying to change the W-1 zoning to mask a major attack on a key due-process protection in the Zoning Ordinance.

Eliminating protest petitions for text amendments arguably would violate Section 9.13 of the City’s Charter, specifically the provision which authorizes protests against changes in a “zoning condition.” Text amendments to the Zoning Ordinance represent a zoning condition. The City’s Charter can only be change with the consent of the Virginia General Assembly.

Changes to the City’s Zoning Ordinance are usually made only after months or even several years of debate. Council to trying to act as quickly as it can on both the elimination of protests against text amendments as well as changes in the W-1 Zone. This is a highly irregular process. The time has come to slow down this train.

See the other side for a discussion of a Council revote

on proposed changes in the W-1 Waterfront Mixed-Use Zone

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