House Bill 199, now before the Legislature, would give city councils that power, but only if they vote unanimously to call a special election. We believe this would lead to more timely government, and that there are procedural safeguards that would prevent abuse of the referendum process.
This bill is an outgrowth of a zoning war in Riverton. In January of last year, a lame-duck City Council approved a zoning ordinance for development that would include 800 residences and commercial property, including a Super Wal-Mart store. Outraged citizens, who claimed the City Council acted without adequate public notice and input, started a petition to submit the zoning ordinance to referendum.
The petitioners gathered enough signatures. But in May, a new City Council repealed the previous ordinance and enacted four new ones that, collectively, apply to the same parcels. The city argued that the referendum petition was now moot, since it did not apply to the new ordinances.
The petitioners took that issue to the Utah Supreme Court, where their plea for extraordinary relief was denied. In the meantime, however, they launched a new petition drive to place the new ordinances on a referendum ballot. Again, they collected enough signatures.
However, the city ruled that the referendum would not go on the ballot until November 2005. In the meantime, the legal skirmishing continues.
Opponents of HB199 argue that it would create bad government by undermining the zoning process and private property rights. But we believe there are safeguards to prevent that.
For one, Utah law only makes certain land use laws subject to referendum, including “a land use development code, an annexation ordinance, and comprehensive zoning ordinances.” The state Supreme Court held in 1994 that this means that common, everyday zoning changes are not subject to referendums, but major changes in land-use policy are.
Second, Utah sets a high threshold for the number of signatures that must be gathered.
Finally, HB199 itself would require a unanimous vote of a city council to call a special election. That is another high threshold.
This bill would allow special elections only in extraordinary cases. That's what a referendum is supposed to be for.
