Fitial vetoes zoning bill

Gov. Benigno R. Fitial vetoed yesterday afternoon a local bill that makes massive changes to the Saipan Zoning Law of 2008, citing provisions that present “significant legal concerns” specifically illegal “spot zoning.”

Fitial, at the same time, signed into Public Law 17-70 House minority leader Joseph Guerrero’s (R-Saipan) bill that increases the number of terms that a person can serve on the Zoning Board. The new law allows them to serve up to five two-year terms, for a total of 10 years.

Rep. Stanley Torres (Ind-Saipan), author of the vetoed House Local Bill 17-26, said he would convince both houses of the Legislature to override the governor’s veto.

“If I don’t succeed in convincing my colleagues to override it, I may take the matter to court to strike down the entire zoning law,” Torres told Saipan Tribune.

The governor, in vetoing HLB 17-26, said that while there are substantial portions that appear consistent with the law and consistent with sound public policy, other provisions present significant legal concerns.

“Specifically, the law contains instances of illegal ‘spot zoning’ by the [Saipan and Northern Islands Legislative Delegation], inconsistent with the Zoning Code at 2 CMC 7201, et seq.,” Fitial said in his veto message to SNILD chair Rep. Ray Tebuteb (R-Saipan) and House Speaker Eli Cabrera (R-Saipan).

Fitial said in most jurisdictions, laws promoting “spot zoning” or zoning based on ownership or reasons other than public welfare have been struck down by the courts as invalid.

Citing case laws, the governor said that “spot zoning” is considered arbitrary and most jurisdictions hold that spot zoning is illegal per se.

“The primary difficulty with the new zoning law is the relationship between the changes in zoning and the effect on public health, safety and welfare. …Certain rezones in the floor amendments to the bill appear inconsistent with the duty to promote the general public health, safety, and welfare of the residents of Saipan,” the governor said.

He cited as an example Section 4 of the bill involving lots in Koblerville. He said these amendments rezone six lots bounded on three sides by village residential zoning in a residential neighborhood in Koblerville to mixed commercial and several other lots in a nearby rural/tourist resort area to mixed commercial.

“This is an example of an action likely to be characterized by the Judiciary as spot zoning, as the zoning amendments are expressly enacted for the benefit of individual property owners, implicating judicial concerns. There is no indication of how these changes can work as part of a comprehensive zoning plan or how they promote the public good,” the governor said.

He added that this is especially “troubling” as the changes are explicitly for the benefit of identified public properties, strongly suggesting that these and many of the other amendments are invalid spot zoning.

The governor said the code also calls for a public hearing on any proposed change of district boundary, uses or requirements, and no hearings were held on several of the changes contained in the floor amendments to the bill.

“Notwithstanding the severability provisions of HLB 17-26, the high likelihood of litigation with a ruling adverse to the Commonwealth requires that I veto the proposed bill,” he said.

The Zoning Board, Saipan Chamber of Commerce and other individuals have strongly opposed the passage of HLB 17-26 and asked the governor not to sign the bill.

Douglas Brennan, Chamber president, asked that the bill be disapproved so that the “progress and improvements” made as a result of such law won’t go to waste.