Charlottesville to resume taking applications under voided zoning code

Two weeks ago, Charlottesville Circuit Court Judge Claude Worrell put a halt to the city’s review of land use applications under a new zoning code that allowed for significantly more residential density than the one adopted in 2003.

Attorneys with the plaintiffs in the White v. Charlottesville case had noticed that attorneys for the city had not responded to an amended version of their original complaint. On June 2, they filed for a motion for default judgement and asked that their request to void the zoning code ab initio be granted.

Attorneys with the firm Gentry Locke asked Judge Worrell for forgiveness and argued they were working in good faith toward a June 2026 trial on the merits of the case. In his verbal ruling, Judge Worrell lamented that the arguments would not be made in court and sided with the plaintiffs.

Two days later, the city announced they would stop taking new applications under the new rules while they examined their options.

On July 11, the city unveiled its next step.

“As of today, we are still operating under the 2024 Development Code, pending the Circuit Court’s issuance of a formal, written order,” said Afton Schneider, the city’s director of communications and public engagement.

Schneider said the city is in talks with the plaintiffs and their attorneys to try to reach a settlement. If that doesn’t work, the city will file a motion asking for Judge Worrell to reconsider his ruling.

“If those efforts are unsuccessful, the City is prepared to move as quickly as possible to re-adopt the Code,” Schneider wrote in a press release. “All zoning‐related applications are temporarily on hold pending further developments, but the City anticipates being able to resume those reviews in the near future.”

In late April, the city’s counsel had asked Judge Worrell to reconsider a decision to allow the case to move forward. Worrell said no.

The plaintiffs in White v. Charlottesville specifically argued that the city did not comply with §15.2-2222.1 and §15.2-2284.

The former has the title “Coordination of state and local transportation planning” and states that localities must submit plans to the Virginia Department of Transportation if they will “substantially affect transportation on state-controlled highways.”

“The Department’s comments on the proposed plan or amendment shall relate to plans and capacities for construction of transportation facilities affected by the proposal,” reads the final sentence of the first section of § 15.2-2222.1.

§15.2-2284 has the title “Matters to be considered in drawing and applying zoning ordinances and districts.” Take a look at the image to see the wording.

Meanwhile in Arlington, a provision that allowed more units on a single family lot is now back on hold. On June 24, the Virginia Court of Appeals reinstated the county’s Expanded Housing Option that had been overturned in Circuit Court. In that case, the three-judge panel agreed with a development firm that argued they should have been allowed to enter the case on appeal. The ruling had the effect of restoring the rules in the short-term.

However on July 8, the appeals court altered its ruling.

“The opinion rendered on June 24, 2025 is withdrawn, the mandate entered on that date is vacated, and these appeals will be reconsidered by the panel of judges that originally considered the matters,” reads a document from court clerks.

That leaves the same sort of uncertainty present in Charlottesville.

“The future of EHO development in Arlington is still to be decided by the courts,” reads the county’s website for EHO.

The changes in Arlington are limited to certain zoning districts and are not a locality-wide rezoning as was the case in Charlottesville. A common thread is that the current director of the city’s Neighborhood Development Services department, Kellie Brown, came to Charlottesville from Arlington.

Before you go: This story was first published in the July 10, 2025 edition of Charlottesville Community Engagement and then posted here on July 15. Town Crier Productions is a one-person operation that seeks to produce a lot of information. If you’re interested to learn how how can help keep this going, take a look at this website.