HB 198

Local governing body; review of decision by board of zoning appeals; procedures for filing petition. Makes various changes and clarifications to the procedures following the filing of a petition in a circuit court by a party aggrieved by a decision of the board of zoning appeals. Current law provides that a circuit court, upon presentation of the petition, shall allow a writ of certiorari to review such decision and includes certain timing requirements for service upon and response by the board of zoning appeals. The bill clarifies that the petition shall be served upon the secretary or chair of the board of zoning appeals within 30 days after the petition is filed with the clerk of the circuit court and that, within 21 days of being served with the petition, the secretary of the board of zoning appeals shall file the record of the proceedings at issue in the petition. The bill also updates other procedures, such as the time requirements for the filing of responsive pleadings, to be consistent with the various changes and clarifications throughout the bill. This bill is a recommendation of the Boyd-Graves Conference.