Scottsdale City Council approves legal protest text amendment; ‘wise’ decision, says Thomas Galvin, land-use, regulatory and water attorney at Rose Law Group

Scottsdale Independent

In response to how legal protests are addressed when filed by neighboring property owners, Scottsdale City Council adopted an ordinance amending the text approving the zoning ordinance.

Approved upon consent at a Dec. 5 meeting, the zoning ordinance outlines rules and requirements for the application of a legal protest by property owners near a rezoning request, according to the council report.

Future legal protest filings are reviewed on a case-by-case basis.


“Scottsdale’s updating of its zoning code is a reminder that the state legislature passed significant zoning reforms in 2017. Due to the change in state law, it is now more difficult for property owners to protest a proposed development to be rezoned. Public rights-of-way will be included in the 150-foot measurement around the perimeter of the proposed zoning district map amendment. Now, the three-quarters fraction required for council approval will be rounded to the nearest whole number. Scottsdale has seven council members, which means that six votes will no longer be required under a protest. Instead, only five votes for the proposed zoning change is required for the application to be removed. Scottsdale was wise to cut off the potential for confusion by being proactive and aligning its legal protest requirements with the state statutes.”

~Thomas Galvin

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