How the Process Works

The Short Version

A rezoning application goes through two stages: review and recommendation by the City Planning Commission, followed by a vote by City Council. Both stages are opportunities for community input. Here’s what that looks like in practice.

Step 2: City Planning Commission Public Hearing - either August 15 or September 18

The Planning Commission holds at least one public hearing on the application. This is where the official public record is built — written testimony submitted in advance, and spoken testimony given at the hearing, both become part of that record. An update will be emailed to the email list once the date has been set.

Location: Louis L. Redding City/County Building, 800 N. French Street, Wilmington, Delaware 19801, likely in Council Chambers. Parking available at the Government Garage off 9th Street. 

After the hearing, the Commission votes to either recommend approval or denial to City Council. A Commission recommendation against approval does not stop the rezoning — but it raises the political bar significantly, since Council would need to override it.

What you can do: Submit written testimony before the hearing. Attend and speak at the hearing. Both go on the record.

Fill out THIS RSVP FORM to let us know if you plan to attend.

Step 1: Application Filed

The developer submits a rezoning petition to the city, pays the required fees, and the application is routed to the City Planning Commission. The city’s planning staff then prepares a report on the application, which is presented to commissioners before the public hearing.

The city is required to publish notice of the public hearing at least seven days in advance in a newspaper of general circulation. That is a short window. It is part of why many neighbors in this corridor only learned about the proposal through informal channels.

Step 3: City Council Readings

Once the Planning Commission issues its recommendation, the rezoning ordinance moves to City Council. Under Wilmington’s process, the ordinance must be read at three separate City Council meetings before a vote can be taken. City Council meets the first and third Thursday of each month at 6:30 p.m.

What you can do: Email and call ALL council members prior to these meetings. Attend Council meetings during the reading period. Every contact matters.  See Contact City Council for how you can reach out.

Step 4: City Council Vote

City Council takes a final vote on the rezoning ordinance. Under normal circumstances, a simple majority of Council members is sufficient to approve or deny the rezoning.

The 20% Protest Threshold

However, Wilmington's zoning code allows property owners within a defined area near a rezoning site to file a formal protest. If signatures are gathered from owners representing 20% or more of the affected property area, the rezoning can only pass by a three-quarters supermajority vote of all Council members — not a simple majority. This is a significantly higher bar, and it is one of the most powerful tools available to organized opposition.

What you can do: If you own property within 100 feet of the impacted parcels and have not yet signed, please get in touch through the Get Involved form.

Note: We are still awaiting final answers from the city regarding exactly how the 100-foot / 20% threshold is calculated.

After a Vote: What Comes Next

If the rezoning is approved, the requested designation takes effect for those parcels. Any subsequent applications for variances, special exceptions, or deviations from standard zoning requirements would then go before the Zoning Board of Adjustment.

If the rezoning is denied, the parcels remain C-1. The developer would have to wait at least one year before filing a new rezoning petition for the same property.

Either way, the decisions made at the Planning Commission and City Council stages are the ones that matter most. That is where this fight will be won or lost.