Stick with state law

An issue that has been raised by both supporters and opponents of the proposed zoning ordinance has been bothering us as well.

At question is the procedure to call for an election about changes to the zoning ordinance in the future — if an ordinance is adopted.

State law says that an election may be held about zoning changes if a petition is filed by at least 10% of the eligible voters in an affected area. That rule was part of the local proposal when it left the Morgan County Planning Commission.

For some reason, the Morgan County Commissioners took it upon themselves to reduce the 10% needed for the petition to 1%. This means that if county officials want to amend the zoning ordinance in the future, an election can be forced by 100 people or so. Those seeking the change might have to wait up to two years until the next election to see if voters agree.

We’re not sure how a state law saying that “at least 10%” of the voters must petition for an election can be legally changed to 1% on a local whim. In their rush to get zoning on the November ballot, the commissioners don’t seem to have really thought this through.

Everyone we’ve asked believes this part of the zoning ordinance may well be tossed out as soon as it is challenged in court. One lawyer suggested to us that the commissioners may want to get a judge’s opinion before they include the rule in the document to be voted on. Of course, the commissioners don’t have time to seek a real legal ruling before their ballot deadline.

So, unless that 1% is changed back to 10% in the next week or two, the zoning plan may face a legal challenge as soon as the first change is proposed. County taxpayers will have to pay to defend what looks like a losing proposition from the start.