Bill > HB198

This bill clarifies and updates the procedures for appealing decisions made by a local board of zoning appeals (BZA) to a circuit court. Specifically, it mandates that a petition to review a BZA decision must be filed with the circuit court clerk within 30 days of the final BZA decision, and this deadline is considered mandatory and jurisdictional, meaning failure to meet it will result in dismissal. The bill also specifies that the petition must be served on the secretary or chair of the BZA within 30 days of filing with the court, and within 21 days of being served, the BZA secretary must file the official record of the proceedings. It also updates other timelines for filing responses to ensure consistency and clarifies that the governing body, the applicant, and the landowner are necessary parties to the court proceedings, while the BZA itself is not a necessary party but must participate as required. The bill also outlines different standards of review for various types of BZA decisions, such as zoning administrator decisions, variances, and special exceptions, and clarifies when costs may be awarded against a locality.