Protest Petition
The typical petition — a list of supporters — can show broad opposition for a rezoning. But it doesn't change the rules of the game.
The Protest Petition, a specific kind of petition with very specific rules, is a valuable tool for fighting inappropriate rezonings. The wishes of adjacent property owners CAN change the rules. The Protest Petition form (PDF) is available on the City's website.
What's a Protest Petition For?
Without a valid protest petition, a rezoning can be approved by a simple majority vote. That means 4 of 7 City Council members, or 3 of 5 County Commissioners.
But if neighbors file a valid protest petition, approval requires a super-majority: 6 of 7 City Council members, or 4 of the 5 County Commissioners.
What Makes It "Valid"?
There are lots of rules. To be valid, the petition must be signed by...
- 20% of owners: "the owners of 20% of the property proposed for Zoning Map Change"; OR...
- OR... 20% of adjacent neighbors: "the owners of 20% of the property within 100 feet and adjacent to the side or the rear of the property proposed for Zoning Map Change"
- OR... 20% of across-the-street neighbors: "the owners of 20% of the property directly opposite the property proposed for Zoning Map Change and extending 100 feet from the street front on the opposite property."
Property owners only. The signatures on the protest petition must be of the property owners. The petition must also include the properties' tax identification numbers, which can be obtained from the Durham Spatial Data Explorer. (See below to find out how.)
All the owners. Everyone who has an ownership interest and appears on the deed must sign the petition. A typical case is a husband and wife.
Filed on time. The protest petition must be filed with the appropriate Clerk's office (City Clerk or County Clerk, depending on jurisdiction) at least four working days prior to the date of the public hearing. This date is usually the Monday preceding a Monday Council or Board meeting.
Everything in order. The attorney's office determines whether the petition is valid. It's wise to check the details very carefully with the City Attorney before filing.
What Can Derail It?
Developers have offered amazing sums of money to get property owners to "un-sign" the petition. That can be hard to resist! And it's perfectly legal.
If a third party owns the land immediately adjacent... for example, a greenway running between subdivision lots and a parcel to be rezoned... then the owners of those subdivision lots cannot sign the protest petition. Developers can use this rule to their advantage.
How Can I Find Property Owners?
Go to the Durham Spatial data Explorer website. (This link will open the SDX in a new window so you can hop back and forth.)
Click and drag to draw a box on the map, and the map will zoom in. Repeat if necessary. Once you've zoomed in far enough, a "Tax Parcels" checkbox will appear in the left-side menu. Check the box and click the "Draw Layers" button. The map will redraw with lotlines in red.
In the "MAP TOOLS" area at the top, you'll see a green bar with "Click to:" at the left. Click the radio button beside "Identify Map Feature" and select "Tax Parcels" from the dropdown box. Now click on the parcel you want information for. The map will be redrawn with the parcel highlighted, and parcel data will appear in a box below the map.