Key Takeaways
- Charlottesville has paused all zoning applications after a judge voided a new zoning ordinance aimed at increasing housing density.
- The 2024 zoning code eliminated single-family zoning and parking requirements, intending to address housing affordability.
- The city is negotiating with residents to settle the legal case while also working to re-adopt the 2024 zoning code.
Charlottesville’s Zoning Code Controversy
Charlottesville, Virginia, recently halted all zoning application approvals following a state judge’s decision to void a new zoning ordinance set to take effect in 2024. The ordinance, unanimously adopted by the City Council in December 2023, aimed to eliminate single-family zoning and reduce parking space requirements for new developments, among other changes. It was seen as a vital step towards increasing housing density and addressing the city’s growing housing affordability crisis, according to Vice Mayor Brian Pinkston.
In recent years, Charlottesville has joined several U.S. cities and states, such as Maine, Montana, Colorado, and Massachusetts, in reforming zoning laws to allow for greater housing density. These changes are intended to tackle the escalating costs of renting and buying homes. For instance, Minneapolis, Gainesville, Florida, and Cambridge, Massachusetts, have also abolished single-family zoning to facilitate multifamily housing across their regions.
Charlottesville, home to the University of Virginia, draws a large cohort of students and professionals. Mayor Pinkston noted that until these recent reforms, the city had maintained “very restrictive zoning” that limited development possibilities. The newly updated zoning map aimed to permit duplexes throughout the city, thereby promoting more housing options and density. This, as Pinkston emphasized, was a strategic move in combatting the housing affordability crisis.
Nonetheless, the proposed reforms have faced opposition in various regions, leading to legal challenges. For instance, six cities in Colorado took legal action against state laws requiring eased land-use regulations to promote housing construction. A similar fate befell Charlottesville when a group of residents filed a lawsuit shortly after the new ordinance’s passage. They argued that the city did not adhere to the appropriate processes during the ordinance’s adoption.
On June 30, a Charlottesville Circuit Court judge issued a default judgment in favor of the plaintiffs after the city’s legal counsel failed to respond to the amended complaint within the specified timeframe. This ruling effectively annulled the 2024 zoning ordinance, leaving Charlottesville without an operational zoning code. Consequently, the city announced on July 11 a suspension of all zoning-related applications, affecting new constructions, site modifications, and land-use changes. However, it continues to process other essential building permits, such as trade and fire permits.
In response to the lawsuit, the city is currently engaging in discussions with the residents and their representatives to reach a settlement. If necessary, Charlottesville’s leadership is prepared to request the court for a reconsideration or to file an appeal. Meanwhile, the City Council is also taking proactive steps to ensure that the 2024 zoning code is re-adopted. Last week, a resolution was passed to refer the amended code to the city’s Planning Commission for thorough review and recommendations. The commission will be required to hold a public hearing and present its findings to the City Council within 100 days of its upcoming meeting.
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