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2018 Georgia Code 36-66-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-66-1 Case Law from Google Scholar Amendments to OCGA 36-66-1

TITLE 36 LOCAL GOVERNMENT

Chapter 66 information not found

ARTICLE 2 DEVELOPMENT AUTHORITIES

36-66-1. Short title.

This chapter shall be known and may be cited as "The Zoning Procedures Law."

(Code 1981, §36-66-1, enacted by Ga. L. 1985, p. 1139, § 1.)

Law reviews.

- For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For article, "Local Government Litigation: Some Pivotal Principles," see 55 Mercer L. Rev. 1 (2003). For survey article on local government law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 353 (2003). For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004). For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006).

JUDICIAL DECISIONS

Failure to address constitutional issue on part of trial court.

- Trial court erred by failing to address whether a 1993 county zoning ordinance was constitutional because the record established that the landfill permit applicant raised a constitutional challenge to the zoning ordinance before the trial court in its response to the challengers' motion for partial summary judgment and, in fact, in its transfer order to the appellate court, the trial court specifically stated that the court did not rule on the applicant's constitutional argument. Southern States-Bartow County, Inc. v. Riverwood Farm Prop. Owners Ass'n, Inc., 331 Ga. App. 878, 769 S.E.2d 823 (2015).

Zoning ordinance properly enacted.

- Evidence was sufficient to establish that the enactment of a county's zoning ordinance complied with the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., when the board of commissioners adopted the zoning ordinance after the ordinance was read, a public meeting was held, changes to the proposed ordinance were made, and another public hearing was held at which the zoning map was available, and amendments to the zoning ordinance were approved pursuant to the zoning administrator's recommendations, a public meeting was held on the amendments, and the board then adopted the amendments without change. Mid-Georgia Envtl. Mgmt. Group, L.L.L.P. v. Meriwether County, 277 Ga. 670, 594 S.E.2d 344 (2004).

Superseded portions of ordinances need not be kept.

- There is nothing in the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., or the cases interpreting that law, that conditions validity of a zoning ordinance on the retention of superseded portions of the ordinance. Mid-Georgia Envtl. Mgmt. Group, L.L.L.P. v. Meriwether County, 277 Ga. 670, 594 S.E.2d 344 (2004).

Claim was time-barred.

- Owner's failure to appeal the rezoning of a neighbor's property precluded the owner from attacking the rezoning decision under Spalding County, Ga., Unified Development Ordinance § 418 and O.C.G.A. § 5-3-20; a claim that Spalding County, Ga., Unified Development Ordinance § 414 did not comply with the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., was also time-barred as any challenge to the rezoning had to be raised within 30 days. Hollberg v. Spalding County, 281 Ga. App. 768, 637 S.E.2d 163 (2006).

RESEARCH REFERENCES

ALR.

- Validity of zoning regulations prohibiting or regulating removal or exploitation of oil and gas, including hydrofracking, 84 A.L.R.6th 133.

Cases Citing O.C.G.A. § 36-66-1

Total Results: 20  |  Sort by: Relevance  |  Newest First

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Stendahl v. Cobb Cnty., 668 S.E.2d 723 (Ga. 2008).

Cited 64 times | Published | Supreme Court of Georgia | Oct 27, 2008 | 284 Ga. 525, 2008 Fulton County D. Rep. 3346

...urt of the zoning decisions of local governing authorities. Cobb County Bd. of Commrs. v. Poss, 257 Ga. 393(4), 359 S.E.2d 900 (1987). See also Walton County v. Scenic Hills Estates, 261 Ga. 94, 95, 401 S.E.2d 513 (1991) (Zoning Procedures Law, OCGA § 36-66-1 et seq., does not grant local governments the right to create direct appeal of zoning decisions to superior court)....
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Mid-Georgia Env't Mgmt. Grp., L.L.L.P. v. Meriwether Cnty., 594 S.E.2d 344 (Ga. 2004).

Cited 35 times | Published | Supreme Court of Georgia | Mar 22, 2004 | 277 Ga. 670, 2004 Fulton County D. Rep. 1006

...when the petitioner shows a clear legal right to the relief sought or a gross abuse of discretion. [13] Mid-Georgia concedes that it is not entitled to mandamus if the County's zoning ordinance was validly enacted. 3. The Zoning Procedures Law, OCGA § 36-66-1 et seq., sets forth the requirements for a local government's enactment of a valid zoning ordinance....
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Shelley v. Town of Tyrone, 302 Ga. 297 (Ga. 2017).

Cited 28 times | Published | Supreme Court of Georgia | Oct 16, 2017 | 806 S.E.2d 535

...He alleged *302generally that all zoning ordinances passed since 1977 are facially void because of the[ir] defective adoption and content” and more specifically that Ordinance 2011-13 was void because it was adopted without compliance with Georgia’s Zoning Procedures Law (ZPL), see OCGA §§ 36-66-1 to 36-66-6, or the zoning procedures codified in Tyrone’s ordinances....
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East Georgia Land & Dev. Co. v. Baker, 690 S.E.2d 145 (Ga. 2010).

Cited 24 times | Published | Supreme Court of Georgia | Jan 25, 2010 | 286 Ga. 551, 2010 Fulton County D. Rep. 163

...e original ordinance adopted at the May 21, 1985 meeting of the Board. 4. EGL urges that application of the Act in this case violates the constitutional doctrine of separation of powers and, for similar reasons, the Zoning Procedures Law (ZPL), OCGA § 36-66-1 et seq....
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Little v. City of Lawrenceville, 528 S.E.2d 515 (Ga. 2000).

Cited 22 times | Published | Supreme Court of Georgia | May 1, 2000 | 272 Ga. 340, 2000 Fulton County D. Rep. 1612

..."[t]his authorization shall not prohibit the General Assembly from enacting general laws establishing procedures for the exercise of such power." Indeed, the General Assembly has done precisely that by enacting the Zoning Procedures Law (ZPL). OCGA § 36-66-1 et seq....
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Rockdale Cnty.. v. U. S. Enter., Inc.; & Vice Versa, 312 Ga. 752 (Ga. 2021).

Cited 17 times | Published | Supreme Court of Georgia | Nov 2, 2021

...parking, or restaurant facilities for the use of crews of heavy trucks and similar commercial vehicles. to equal protection, and that the UDO was invalid because it was not adopted in compliance with The Zoning Procedures Law, see OCGA § 36-66-1 et seq., and because it was not attached to or incorporated by reference in the minutes of the meeting at which it was adopted....
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Greater Atlanta Homebuilders Ass'n v. DeKalb Cnty., 588 S.E.2d 694 (Ga. 2003).

Cited 15 times | Published | Supreme Court of Georgia | Nov 10, 2003 | 277 Ga. 295, 2003 Fulton County D. Rep. 3300

...ntial construction, filed this action challenging the ordinance. Zoning Procedures Law 1. Appellants contend that the Tree Ordinance and its four amendments are invalid because they were not enacted in accordance with the Zoning Procedures Law, OCGA § 36-66-1, et seq., which imposes minimum due process standards upon local *696 governments when they adopt or amend zoning ordinances....
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Fairfax MK, Inc. v. City of Clarkston, 555 S.E.2d 722 (Ga. 2001).

Cited 14 times | Published | Supreme Court of Georgia | Nov 30, 2001 | 274 Ga. 520, 2001 Fulton County D. Rep. 3607

...Fairfax MK and Creek Pointe MK (Appellants) brought suit for declaratory judgment and mandamus. The trial court granted summary judgment in favor of the City, based in part on the ruling that the GSSO is not a zoning ordinance subject to the Zoning Procedures Law (ZPL), OCGA § 36-66-1 et seq....
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Mortg. All. Corp. v. Pickens Cnty., 294 Ga. 212 (Ga. 2013).

Cited 13 times | Published | Supreme Court of Georgia | Nov 4, 2013 | 751 S.E.2d 51, 2013 Fulton County D. Rep. 3337

...Apr. 30, 2010). The Court of Appeals repeatedly referred to the August 2006 Letter as a “zoning decision,” but the letter clearly was not a “zoning decision” as that term is defined in Georgia’s Zoning Procedures Law (“ZPL”), OCGA §§ 36-66-1 to 36-66-6....
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DeKalb Cnty. v. Wal-Mart Stores, Inc., 604 S.E.2d 162 (Ga. 2004).

Cited 10 times | Published | Supreme Court of Georgia | Oct 12, 2004 | 278 Ga. 501

...the criteria for a variance. Wal-Mart later amended the petition by adding a claim for declaratory relief, arguing that the zoning procedures enacted by the County in 2001 and 2002 were unconstitutional and violated the Zoning Procedures Law, OCGA §§ 36-66-1 et seq....
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City of Roswell v. Outdoor Sys., Inc., 549 S.E.2d 90 (Ga. 2001).

Cited 9 times | Published | Supreme Court of Georgia | Jul 2, 2001 | 274 Ga. 130, 2001 Fulton County D. Rep. 2061

...In this case, the trial court held that the City's moratorium on the implementation of its then-existing sign ordinance was a "zoning decision" within the meaning of OCGA § 36-66-3(4) and, thus, was subject to the requirements of the Zoning Procedures Law (ZPL), OCGA § 36-66-1 et seq....
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Union Cnty. v. CGP, INC., 589 S.E.2d 240 (Ga. 2003).

Cited 8 times | Published | Supreme Court of Georgia | Nov 17, 2003 | 277 Ga. 349

...court did not err in rejecting CGP's due *243 process attack on the 1984 and 1993 flood control ordinances. CGP also contends the 1994 and 2000 ordinances are invalid because their enactment did not comply with the Zoning Procedures Law (ZPL), OCGA § 36-66-1 et seq....
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Coweta Cnty. v. City of Senoia, 573 S.E.2d 21 (Ga. 2002).

Cited 7 times | Published | Supreme Court of Georgia | Nov 12, 2002 | 275 Ga. 707, 2002 Fulton County D. Rep. 3315

...That admission in the brief being supported by the record, no error appears in the trial court's finding in that regard. 4. Finally, the County asserts on appeal that the City's annexation was illegal because the City did not comply with its own ordinances and with the Zoning Procedures Law, OCGA § 36-66-1 et seq....
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Edwards v. City of Warner Robins, 302 Ga. 381 (Ga. 2017).

Cited 6 times | Published | Supreme Court of Georgia | Oct 30, 2017 | 807 S.E.2d 438

...On June 19, 2012, Appellants sought judicial review of this denial in the superior court.6 They claimed that the 1994 and 2008 BEOD ordinances were unconstitutionally enacted because insufficient notice was given, in violation of the Zoning Procedures Law (ZPL), see OCGA §§ 36-66-1 to 36-66-6, and their procedural due process rights, and that the City’s denial of their request to build mobile homes was improper because the BEOD ordinance is unconstitutionally vague and overbroad as applied to them....
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Braley v. City of Forest Park, 692 S.E.2d 595 (Ga. 2010).

Cited 6 times | Published | Supreme Court of Georgia | Mar 22, 2010 | 286 Ga. 760, 2010 Fulton County D. Rep. 860

...of an economically viable use of the premises. See Greater Atlanta Homebuilders Assn., supra; Latson v. Boaz, 278 Ga. 113, 598 S.E.2d 485 (2004). 3. Braley asserts that the ordinance was passed without complying with the Zoning Procedures Law, OCGA § 36-66-1 et seq....
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City of Walnut Grove v. Questco, Ltd., 564 S.E.2d 445 (Ga. 2002).

Cited 5 times | Published | Supreme Court of Georgia | Jun 10, 2002 | 275 Ga. 266, 2002 Fulton County D. Rep. 1647

...Coolidge, III, Buford, for appellees. HUNSTEIN, Justice. The City of Walnut Grove appeals from the ruling of the Walton County Superior Court holding that the City's 1998 comprehensive sign ordinance was enacted in violation of the Zoning Procedures Law ("ZPL"), OCGA § 36-66-1 et seq....
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Hoechstetter v. Pickens Cnty., 303 Ga. 786 (Ga. 2018).

Cited 2 times | Published | Supreme Court of Georgia | Jun 4, 2018

303 Ga. 786 FINAL COPY S17G1500. HOECHSTETTER et al. v. PICKENS COUNTY et al. BLACKWELL, Justice. Pursuant to the Zoning Procedures Law (ZPL), OCGA § 36-66-1 et seq., before a county or municipality makes a “zoning decision,”1 it must afford affected landowners and other interested citizens an opportunity to be heard, and to that end, it must “provide for a hearing” on the proposed zoning decision and publish notice of that hearing....
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Hoechstetter v. Pickens Cnty., 815 S.E.2d 50 (Ga. 2018).

Cited 2 times | Published | Supreme Court of Georgia | Jun 4, 2018

Blackwell, Justice. Pursuant to the Zoning Procedures Law (ZPL), OCGA § 36-66-1 et seq., before a county or municipality makes a "zoning decision,"1 it must afford affected landowners and other interested citizens an opportunity to be heard, and to that end, it must "provide for a hearing" on the proposed zoning decision and publish notice of that hearing....

Bailey v. Mcintosh Cnty. (three Cases) (Ga. 2025).

Published | Supreme Court of Georgia | Sep 30, 2025

...provision has been made by general law and which is not inconsistent with this Constitution or any local law applicable thereto” and that the General Assembly has enacted a series of statutes known as the Zoning Procedure Laws (“ZPL”), see OCGA § 36-66-1, et seq....

Rockdale Cnty.. v. U. S. Enter., Inc. & Vice Versa (Ga. 2021).

Published | Supreme Court of Georgia | Nov 2, 2021

...2 In addition, the Owners contended that a denial of the permit would amount to an unconstitutional taking of their property and violate their right to equal protection, and that the UDO was invalid because it was not adopted in compliance with the Zoning Procedures Law, see OCGA § 36-66-1 et seq., and because it was not attached to or incorporated by reference in the minutes of the meeting at which it was adopted....