20A-7-602.8. Referability to voters of local land use law.
(1)
Within 20 days after the day on which a referendum eligible voter files an application under Section 20A-7-602 for a land use law, counsel for the county, city, town, or metro township to which the referendum pertains shall:
Terms Used In Utah Code 20A-7-602.8
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Land use law: means a law of general applicability, enacted based on the weighing of broad, competing policy considerations, that relates to the use of land, including land use regulation, a general plan, a land use development code, an annexation ordinance, the rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or resolution. See Utah Code 20A-7-101
Legally referable to voters: means :
(a)
for a proposed local initiative, that the proposed local initiative is legally referable to voters under Section 20A-7-502. See Utah Code 20A-7-101
Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
Local legislative body: means the legislative body of a county, city, town, or metro township. See Utah Code 20A-7-101
Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. See Utah Code 20A-7-101
Referendum application: means :
(a)
for a statewide referendum, an application described in Subsection 20A-7-302(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-302(2); or
(b)
for a local referendum, an application described in Subsection 20A-7-602(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-602(2). See Utah Code 20A-7-101
Sponsors: means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application. See Utah Code 20A-7-101
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
review the referendum application to determine whether the proposed referendum is legally referable to voters; and
(b)
notify the first three sponsors, in writing, whether the proposed referendum is:
(i)
legally referable to voters; or
(ii)
rejected as not legally referable to voters.
(2)
(a)
Subject to Subsection (2)(b), for a land use law, a proposed referendum is legally referable to voters unless:
(i)
the proposed referendum challenges an action that is administrative, rather than legislative, in nature;
(ii)
the proposed referendum challenges a land use decision, rather than a land use regulation, as those terms are defined in Section 10-9a-103 or 17-27a-103;
(iii)
the proposed referendum challenges more than one law passed by the local legislative body; or
(iv)
the referendum application was not timely filed or does not comply with the requirements of this part.
(b)
In addition to the limitations of Subsection (2)(a), a proposed referendum is not legally referable to voters for a:
(i)
municipal land use law, as defined in Section 20A-7-101, if the land use law was passed by a unanimous vote of the local legislative body; or
(ii)
transit area land use law, as defined in Section 20A-7-601, if the transit area land use law was passed by a two-thirds vote of the local legislative body.
(3)
After the end of the 20-day period described in Subsection (1), a county, city, town, or metro township may not, for a land use law:
(a)
reject a proposed referendum as not legally referable to voters; or
(b)
except as provided in Subsection (4), challenge, in a legal action or otherwise, a proposed referendum on the grounds that the proposed referendum is not legally referable to voters.
(4)
(a)
If a county, city, town, or metro township rejects a proposed referendum concerning a land use law, a sponsor of the proposed referendum may, within seven days after the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision to:
(i)
the Supreme Court, by means of an extraordinary writ, if possible; or
(ii)
a district court, if the sponsor is prohibited from pursuing an extraordinary writ under Subsection (4)(a)(i).
(b)
Failure of a sponsor to timely challenge or appeal a rejection under Subsection (4)(a) terminates the referendum.
(5)
If, on challenge or appeal, the court determines that the proposed referendum is legally referable to voters, the local clerk shall comply with Subsection 20A-7-604(3), or give the sponsors access to the website defined in Section 20A-21-101, within five days after the day on which the determination, and any challenge or appeal of the determination, is final.
Amended by Chapter 107, 2023 General Session Amended by Chapter 504, 2023 General Session
