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F I S C A L I M P A C T R E P O R T

SPONSOR:	Park		DATE TYPED:	02/04/02		HB	265
SHORT TITLE:		Land-Use Hearing Officer for Zoning Appeals				SB
					ANALYST:		Sandoval

APPROPRIATION

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC files

Responses Received

Attorney General

No Response

Department of Finance and Administration (DFA)

SUMMARY

Synopsis of Bill

House Bill 265 authorizes the zoning authority (city or county) to appoint a land-use hearing officer to hold hearings and decide appeals to zoning regulations, restrictions and boundaries of zoning districts. The hearing officer would not have authority to hear and decide changes in zoning where over 20 % of the owners within the area to be zoned or within 100 feet protest the proposed change in the zoning regulation. This bill also authorizes the zoning authority to appoint a hearing officer to hear and decide appeals of decisions or determinations made by administrative officers, commissions or committees in the enforcement of the zoning regulations, to hear and decide requests for variances from the terms of the zoning ordinances under specific guidelines.

Significant Issues

According to the Office of the Attorney General, “Zoning ordinances are originally adopted by ordinance by a city or county. This is a legislative act under the police power for the protection of the health, safety and welfare enacted by the elected representatives of the residents of the city or county. HB 265 authorizes an appointed hearing officer to amend such zoning regulations and boundaries. Judicial interpretations may be expected as to whether this is an unlawful delegation of legislative authority without adequate guidelines and /or due process by both opponents of a rezoning or the applicant for a denied rezoning. In addition, the language would allow the hearing officer to amend not only the zoning district boundaries but also allowed uses, etc., within that zoning district. Similar issues are not as much a concern in the appointment of a hearing officer to hear appeals and variances because these are administrative in nature with adequate guidelines and an appeal to the elected representatives. In other jurisdictions this function is conducted by a body generally known as a Board of Adjustment”.

JFS/ar:prr