Austin City Code limits valid petition rights to rezoning requests. Please note that valid petition rights are not available to: (1) properties that have interim zoning and are in the process of establishing permanent zoning, or (2) broad legislative amendments such as the comprehensive revision of the entire Land Development Code. For information about initial zoning of a property and subsequent rezoning, please refer to Section §25-2-241 and Section §25-2-284 of the City of Austin Land Development Code (LDC).
§25-2-241 - DISTINCT/ON BETWEEN ZONING AND REZONING.
Zoning is the initial classification of property as a particular zoning base district. Zoning amends the zoning map to include property that was not previously in the zoning jurisdiction or that was not previously included in the boundaries of a base district.
Rezoning amends the zoning map to change the base district classification of property that was previously zoned.
The protest provisions contained in Section §25-2-284 are commonly referred to as "petition rights." This provision generally provides that when the Land Use Commission has not recommended
approval of a request for rezoning to a planned unit development (PUD) district, or
when a written protest against a proposed rezoning is signed by 20% or more of either the area of the lots or land included in such proposed change, or
of the lots or land immediately adjoining the same and extending 200 feet,
--such rezoning shall not become effective except by the favorable vote of three-fourths of the Council.
This usually consists of nine votes; however, if a Council Member must recuse, it could require fewer votes to obtain a three-fourths majority. An absence or abstention does not reduce the number of votes required. In computing the percentage of land area, the area of streets and alleys shall be included in the computation. Zoning Petition