Using Discourse Opportunity as a Measure of Potential Power in Zoning Amendments

The United States Supreme Court and lower courts have deemed zoning to be one of the most essential powers of local governments (Cooper, Knotts, and Brennan, 2008) (Albemarle County, 2018). This paper examines the zoning amendment, one of the many processes that comprise local government in the United States. I explore a phenomenon of public frustration in the zoning amendment process to develop a better understanding of it and contribute to the larger body of knowledge concerning the relationship between public participation and zoning amendment decisions. In a case study, I use detailed process tracing and records analysis to uncover the specific mechanisms that constrain the public's opportunity for discourse with powerbrokers before a critical influencing point. The lack of discourse opportunity creates a power imbalance with special interest which could contribute to the public's frustration in zoning amendments. However, I also discover where moderately easy changes could improve the opportunities for participation which quality participation techniques can leveraged into power for the public.