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New York Discovers Existing Direct Democracy Zoning Rule
Much to their surprise, New York City local activists discovered that New York City had
direct democracy provisions in its
Charter, and that these had been there since the end of the 19th century.
Accroding to the Charter,
3. In case a protest against such a resolution [a change in the text of
the zoning resolution] approved by the city
planning commission shall have been presented to the city clerk within
thirty days from the date of the filing of such resolution with the
council, duly signed and acknowledged by the owners of twenty per cent
or more of the area of:
(1) the land included in changes proposed in such proposed resolution,
or
(2) the land immediately adjacent extending one hundred feet
therefrom, or
(3) the land, if any, directly opposite thereto extending one hundred
feet from the street frontage of such opposite land, such resolution
shall not be effective after the filing of such protest unless approved
by the council by a three-fourths vote within one hundred eighty days
after the filing of said resolution with the city clerk.
Essentially if you get the signatures of the owners of 20% of the property on the same street within 100 feet,
zoning changes must be approved by 75% of city council, not the usual 50%.
City officials and lawyers were apparently surprised by discovering this rule.
Tony Avella, the chairman of the zoning subcommittee, apparently said
the rediscovered clause could force city planners to change the way they go about rezoning neighborhoods.
It's strange they're surprised, because the entire section of the City Charter
dealing with zoning changes essentially fits on a single typewritten page.
It's a shame that the rule is for property owners and not residents.
That means that renters have a lot fewer rights than property owners.
What else is new? But publicity about this provision also means that
developers would be well advised to engage the community when they want
changes, and not just shmooze a few decision makers.
Tags:
Zoning
New York
Direct Democracy
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