2.9. INITIATIVE AND REFERENDUM.

• Jurisdiction: Arizona

2.9. Initiative and referendum.

While a referendum may be utilized to challenge an adopted zoning ordinance, an initiative may not be used to propose a rezoning. A.R.S. § 19-141(D) allows cities and towns to adopt initiative and referendum signature verification procedures that differ from those set forth in state statutes.

2.9.1. Initiative.

Sedona Private Property Owners Ass'n v. City of Sedona, 192 Ariz. 126, 961 P.2d 1074 (App. 1998) (provision in ordinance adopted by initiative requiring approval by voters to alter or repeal ordinance held to violate Arizona Constitution; one governing body cannot enact irrepealable legislation or tie the hands of its successors with respect to a particular law)

Winkle v. City of Tucson, 190 Ariz. 413, 949 P.2d 502 (1997) (zoning ordinances cannot be passed by initiative without circumventing the constitutionally mandated notice and hearing requirements)

Transamerica Title Ins. Co. v. City of Tucson, 157 Ariz. 346, 757 P.2d 1055 (1988) (initiative process cannot be used to amend city and county zoning ordinances to require vote of the people to approve change in zoning)

Queen Creek Land & Cattle Corp. v. Yavapai County, 108 Ariz. 449, 501 P.2d 391 (1972) (initiative not available for rezoning)

City of Scottsdale v. Superior Court, 103 Ariz. 204, 439 P.2d 290 (1968) (initiative not available to amend comprehensive zoning plan)

2.9.2. Referendum.

A.R.S. §§ 9-462.04(J) and 11-814(K) (a zoning classification change cannot be adopted with emergency clause so as to preclude a referendum)

A.R.S. § 19-142(D) (a person or organization may file a referendum petition against the rezoning of a parcel of land on the approval by the city or town council of the rezoning ordinance or on the approval of that portion of the minutes that includes the council's approval of the rezoning, whichever occurs first)

See Southern Alameda Spanish Speaking Org. v. City of Union City, 424 F.2d 291 (9th Cir. 1970) (preliminary injunction will not be granted to implement zoning legislation nullified by a referendum vote; contention that referendum zoning violates due process rejected)

Zajac v. City of Casa Grande, 209 Ariz. 357, 102 P.3d 297 (2004) (a procedural challenge to the adoption of a rezoning ordinance must be filed before a referendum election on the ordinance is held)

Fritz v. City of Kingman, 191 Ariz. 432, 957 P.2d 337 (1998) (zoning decisions are legislative matters subject to referendum)

Wennerstrom v. City of Mesa, 169 Ariz. 485...