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2018 Georgia Code 36-66-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-66-2 Case Law from Google Scholar Amendments to OCGA 36-66-2

TITLE 36 LOCAL GOVERNMENT

Chapter 66 information not found

ARTICLE 2 DEVELOPMENT AUTHORITIES

36-66-2. Legislative purpose; local government zoning powers.

  1. While recognizing and confirming the authority of local governments to exercise zoning power within their respective territorial boundaries, it is the intention of this chapter to establish as state policy minimum procedures governing the exercise of that power. The purpose of these minimum procedures is to assure that due process is afforded to the general public when local governments regulate the uses of property through the exercise of the zoning power. Nothing in this chapter shall be construed to invalidate any zoning decision made by a local government prior to January 1, 1986, or to require a local government to exercise its zoning power.
  2. Consistent with the minimum procedures required by this chapter, local governments may:
    1. Provide by ordinance or resolution for such administrative officers, bodies, or agencies as may be expedient for the efficient exercise of their zoning powers; and
    2. Provide by ordinance or resolution for procedures and requirements in addition to or supplemental to those required by this chapter.

(Code 1981, §36-66-2, enacted by Ga. L. 1985, p. 1139, § 1.)

JUDICIAL DECISIONS

Procedural requirements of this chapter are mandatory.

- County's failure to comply with the notice provisions of O.C.G.A. § 36-66-4(a) invalidated the subject zoning action. McClure v. Davidson, 258 Ga. 706, 373 S.E.2d 617 (1988).

County's failure to comply with the mandatory language of O.C.G.A. Ch. 66, T. 36 in enacting a zoning ordinance rendered the ordinance void. Tilley Properties, Inc. v. Bartow County, 261 Ga. 153, 401 S.E.2d 527 (1991).

No requirement that zoning power be exercised.

- While the Georgia Public Service Commission (PSC) had the authority to regulate the placement of electrical substations, no requirement existed that every complex construction project be subject to zoning-like restrictions as an agency was not required to exercise the agency's zoning power under O.C.G.A. § 36-66-2(a); the broad statutory delegations of authority to the PSC did not specifically mention siting and did not provide sufficient objective standards to control the PSC's discretion so a trial court improperly directed the PSC to consider the propriety of a power company's construction of a substation and apply specific standards to the case. Ga. PSC v. Turnage, 284 Ga. 610, 669 S.E.2d 138 (2008).

Appeals.

- Without express statutory language, a local government does not have the authority to create direct appeals of rezoning decisions. Walton County v. Scenic Hills Estates, Inc., 261 Ga. 94, 401 S.E.2d 513 (1991).

Cited in Kingsley v. Fla. Rock Indus., Inc., 259 Ga. App. 207, 575 S.E.2d 921 (2002); Buckner v. Douglas County, 273 Ga. App. 765, 615 S.E.2d 850 (2005); Century Ctr. at Braselton, LLC v. Town of Braselton, 285 Ga. 380, 677 S.E.2d 106 (2009).

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