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House approves bill narrowing neighbor veto power over zoning changes
Summary
The House passed Senate File 23‑78 (substituted for House File 26‑36) limiting unelected neighbors' ability to veto zoning changes; an amendment added a 60‑day city‑council appeal and two‑thirds threshold. Vote: 35–17 (8 absent).
Representative Brent Johnson told the chamber House File 26‑36 (Senate File 23‑78) would curb a provision he said lets unelected residents effectively veto democratically adopted zoning changes. He described the change as protecting property rights and housing supply from what he called an out‑of‑sample “San Francisco‑style” veto.
Representative Boden spoke against the amendment and the bill on the floor, arguing that petition rights allow neighbors to be heard when a nearby project could lower property values or create hazards. "Your home and your property is your largest investment," Boden said, urging colleagues to preserve petition remedies.
The House adopted a conforming amendment (H‑8295/H‑8296) to permit appeals of board of adjustment variance decisions to city council within 60 days, with the council able to remand or overturn the board by a two‑thirds vote. That amendment was described by the sponsor as a way to give residents an additional pathway while preserving elected officials’ authority.
The clerk reported a roll‑call: 35 ayes, 17 no, 8 absent; the bill was declared to have received a constitutional majority and the title was agreed to.
Advocates emphasized housing supply and elected decision‑making; opponents emphasized local petition rights and the homeowner’s interest in protecting property value. The bill will be messaged to the Senate.
