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Committee advances zoning-appeals bill after proponents and municipalities reach compromises on timing, transcripts
Summary
The committee gave a favorable report to HB281, a bill that changes deadlines and record requirements for appeals from municipal zoning-board decisions after proponents and municipal representatives agreed on compromises including a deadline extension, deletion of a 'de novo' provision, and transcript-cost rules.
HB281, presented to the committee as a fix for an ambiguity in appeals from municipal Boards of Adjustment, received a favorable committee report after proponents and local-government representatives described a set of negotiated compromises.
Under current law, an aggrieved party has 15 days to file a notice of appeal from a zoning-board decision to the city; committee members and municipal staff said the statute did not prescribe a deadline for actually filing the appeal in circuit court. Municipalities argued that omission left local governments in limbo; proponents said they want a workable deadline and clarity on the record required for appeal.
At a public hearing, Dr. Gerald Simis, who said he is certified in zoning and planning and served on the Prattville Board of Adjustment, recommended a compromise that included: lengthening the filing deadline (he suggested 45 days rather than 30), deleting language that the appeal be tried “de novo” because zoning appeals typically do not allow new issues not raised before the board, and directing that municipalities provide certified minutes to appellants while the appellant would pay for a full certified transcript if needed for litigation.
Representatives of municipalities and the bill sponsor said they had discussed the issues and would continue to refine amendments before floor consideration. The committee adopted the bill and gave it a favorable report with the understanding that additional technical amendments may be drafted.
Committee action A motion for a favorable report carried after the public hearing and discussion. Committee members asked that sponsors and municipal representatives continue to finalize language, particularly the exact filing deadline and transcript-cost provisions.
Provenance: first and last transcript references "I do have House Bill 2 81. This is a bill dealing with, appeals from the Board, Zoning Board of Adjustments. So we're trying to fix a problem." [transcript excerpt] "Okay. Any objections using previous role? Okay. Bill receives federal report." [transcript excerpt]
Ending Sponsors indicated they will continue to negotiate precise amendment language before the bill reaches the floor; HB281 was favorably reported to the next stage.
