Legal Protests Against Rezoning

1. Written Protest by Property Owners

Legal protests may be filed against a requested rezoning (zoning map amendment) subject to the following requirements:

a. The legal protest against a proposed rezoning shall be filed in writing with the City Clerk at or before 12:00 noon on the Friday preceding the City Council hearing at which the zoning map amendment will be considered.

b. The rezoning shall not become effective except by a favorable vote of 3/4 of all members of the City Council [6 yes votes with all City Council members present and able to vote, as compared to 4 yes votes required without a legal protest]. If any members of the Council are unable to vote because of a conflict of interest, then the required number of votes for passage of the rezoning shall be 3/4 of the remaining membership of the Council, provided that the required number of votes shall in no event be less than a majority of the full membership.

c. A legal protest may be filed only by property owner(s) who represent any of the following conditions:

  • 20 percent or more of the area included in the rezoning, or
  • 20 percent or more of the area of those immediately adjacent to the subject property of the zoning map amendment along any side in each cardinal direction extending 150 feet as measured from the perimeter of the subject property, or
  • 20 percent or more of the area of those directly opposite the subject property of the zoning map amendment extending 150 feet from the dedicated street frontage of the opposite lots.

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