FAIR Zoning Act
| Model Bill Info | |
|---|---|
| Bill Title | FAIR Zoning Act |
| Date Introduced | July 18, 2025 |
| Type | Model Policy |
| Status | Draft |
| Task Forces | American City County Exchange Commerce; Insurance and Economic Development |
| Keywords | Housing and Land Use |
FAIR Zoning Act
FAIR (Fairness, Accountability, and Integrity in Rezoning) Zoning Act
Section 1: Zoning protest prohibited
Once approved, a change in regulations, restrictions, or district boundaries that expands the allowable uses of private property shall not be subject to challenge, except in a court of law and only by property owners who can demonstrate a concrete and particularized harm caused by the approval. Such challenges shall be determined in the same manner as a challenge to a development permit in the Third-Party Challenges to Development Permits Act and subject to the provisions of that Act.
(Alternative) Section 1: Where zoning protests allowed; majority vote
If there is a protest against a change in the regulations, restrictions, or district boundaries that expands the allowable uses of private property signed by more than one of the owners who can demonstrate a concrete and particularized harm and who either own fifty percent or more of the area of the lots included in the proposed change, or comprise fifty percent or more of the owners within a distance of five hundred feet, the change is not effective except upon the affirmative vote of a majority of all the members of the governing body. In determining the five hundred feet, the width of any intervening street or alley shall not be included.
Section 2: Burden of proof
Notwithstanding any other law, parties challenging the change in the regulations, restrictions, or district boundaries in a court of law bear the burden of proof by clear and convincing evidence. Evidence may include expert testimony, scientific data, or other relevant information substantiating the alleged harms but may not include anecdotal evidence.
Section 3: Expedited review process
To minimize delays and uncertainty associated with challenges to changes in regulations, restrictions, or district boundaries, the court shall review the evidence substantiating the alleged harm within 60 days.