CODENEXT IS BACK
Protect Your Home! File a Rezoning Protest Today
The City of Austin is bringing CodeNEXT back from the dead. On October 4, 2019, local officials revealed their plan to rezone tens of thousands of homes throughout our community without providing adequate notice to their owners. Check this map to see how your property is impacted.
If the city’s rezoning plan is approved, virtually all of Austin will be rezoned for greater density. Land developers will be allowed to build a pair of additional dwelling units on any lot with a structure 30 years or older already on it. Parking is not required for those additional dwelling units. Up to six unrelated adults will be allowed to live in each of the three housing units.
City officials have also identified neighborhood “transition zones” where they plan to do away with single-family zoning altogether. Inside those transition zones, land developers will be allowed to construct buildings 40-45 feet tall on individual lots, with 8-10 residential units on each.
In most cases, the city’s rezoning plan will allow new developments to go up without adequate parking. It will add to impervious cover throughout Austin, making flooding worse in individual locations. The plan will also increase property taxes, and in some cases lead to the displacement of current residents, followed by the demolition and redevelopment of their homes.
YOU HAVE THE POWER TO FIGHT BACK!
Texas law gives you the right to protest zoning changes affecting your property and properties near your residence. When you file a rezoning protest in connection with your property, the City of Austin cannot rezone your property without approval by three-fourths of the city council.
The same is true when neighbors band together to protest the rezoning of property they do not own. When the owners of at least 20 percent of the area within 200 feet of a property protest the rezoning of that property jointly, the City of Austin cannot move forward without approval by three-fourths of the city council.
Filing a rezoning protest is fast and easy! Just fill out the form below, and Community Not Commodity will send your rezoning protest to the City of Austin. Click here if you prefer to file a protest by mail. Once you protest the rezoning of a piece of property, our legal team believes local officials will be unable to rezone it without a vote of three-fourths of the city council.
Frequently Asked Questions
The right to protest zoning changes is a longstanding provision within the Texas Local Government Code that is intended to protect the state’s property owners from unwanted rezoning by city governments. The right to file a rezoning protest is intended to ensure that zoning changes contested by nearby property owners have overwhelming council support before they are adopted. They have been part of Texas law since 1927, and similar laws can be found in most other states. When a Texas property owner properly protests a proposed zoning change, that change must be approved by three-fourths of the local governing body before it passes into law, rather than by a simple majority.
Not in our opinion. Texas law grants property owners the right to protest any zoning change, and there is no exception for the broad rezoning of an entire city, as proposed by the City of Austin. Several court cases have also held that the right to protest zoning changes applies even when an entire city is rezoned at once. One thing is certain, though: If you fail to file a rezoning protest, you will lose your right to protest the City of Austin’s rezoning plan.
In order for your rezoning protest to take effect, you must file it before the Austin City Council holds a final vote on its rezoning plan. That vote has been indefinitely postponed due to the COVID-19 pandemic, but could be rescheduled by council members at any time. We therefore recommend that you file your rezoning protest as soon as possible.
Yes. According to Section 322.007 of the Texas Business and Commerce Act, “[i]f a law requires a record to be in writing, an electronic record satisfies the law” and “[i]f a law requires a signature, an electronic signature satisfies the law.” If you are more comfortable protesting the City of Austin’s rezoning on paper, feel free to do so by mail.
Yes. Download and print a Standard Rezoning Protest Form (available in both PDF and Microsoft Word), fill it out, sign it, and mail it to the City of Austin, Planning and Zoning, PO Box 1088, Austin, TX 78767 as soon as possible. Your property address and signature are required.
Not necessarily. If an individual who owns 20 percent or more of a property files a rezoning protest, that rezoning protest should be considered valid for the entire property.
Yes. You may use this website to file rezoning protests for multiple properties. After you have filed your first rezoning protest, simply refresh the screen and repeat the process for additional properties. If you prefer to file by mail, download and print multiple copies of our Standard Rezoning Protest Form (available in both PDF and Microsoft Word), fill them out, and mail them to the City of Austin, Planning and Zoning, PO Box 1088, Austin, TX 78767 as soon as possible. Your property addresses and signature are required.
Yes. You and/or your neighbors may protest the rezoning of any property being rezoned within 200 feet of each person’s property. To do so, download and print a Multi-Party Rezoning Protest Form (available in both PDF and Microsoft Word). Fill in the requested information and have as many neighbors as possible do so as well. By everyone mutually protesting zoning changes to their property and nearby properties, the three-fourths vote requirement will apply to a larger area. After you are finished collecting signatures, mail the form to the City of Austin, Planning and Zoning, PO Box 1088, Austin, TX 78767 as soon as possible. Property addresses and signatures are required.