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.

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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