SB 157 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 157	SD	2020	R	Appeals, Deadlines, Enforcement, Other streamlining, Streamline hearings, Voting requirements

Provided by Furman

Summary

Summary: First, this bill creates a definition of an aggrieved person. An aggrieved person is any person directly interested in the outcome and aggrieved by a decision or action or failure to act and who can meet a four-part test. Only aggrieved persons are allowed to make appeals to the board of adjustment regarding a permit decision.
“To be an aggrieved person, one (1) establish that that the person suffered an injury, an invasion of a legally protected interest that is both concrete and particularized, and actual or imminent, not conjectural or hypothetical; (2) Shows that a causal connection exists between the person’s injury and the conduct of which the person complains. The causal connection is satisfied if the injury is fairly traceable to the challenged action, and not the result of the independent action of any third party not before the court; (3) Shows it is likely, and not merely speculative, that the injury will be redressed by a favorable decision, and; (4) Shows that the injury is unique or different from those injuries suffered by the public in general.”
This bill requires counties to administratively approve special permitted uses if the applicant demonstrates that all specified criteria are met. Boards of adjustment must hear and determine conditional uses as authorized by the zoning ordinance under a majority vote system, removing the ability for zoning ordinances to set those percentages. Boards of adjustment must decide appeals in sixty days to after receiving a notice of appeal and thirty days to respond to petitions for a writ of certiorari filed by aggrieved parties and they shall simultaneously submit the complete record of proceedings of the board appealed from, in the form of a return on a petition for writ, without need for a court order or formal issuance of writ.
Context: Creates 11-2-1.1, 11-2-17.6. 11-2-17.7, and § 11-2-65.1.

Provided by lawmakers