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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).

Cases Citing O.C.G.A. § 36-66-2

Total Results: 10  |  Sort by: Relevance  |  Newest First

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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

...cause, quoting Little, 272 Ga. at 341, *309“ ‘the ZPL has preempted the provisions in the City Charter for the purposes of the adoption and amendment of zoning ordinances.’ ” This pronouncement in Little may have been overbroad, because OCGA § 36-66-2 (b) (2) — a provision of the ZPL not mentioned in Little — says that local governments may “[p]rovide by ordinance or resolution for procedures and requirements in addition to or supplemental to those required by this chapter,” alt...
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McClure v. Davidson, 373 S.E.2d 617 (Ga. 1988).

Cited 26 times | Published | Supreme Court of Georgia | Nov 23, 1988 | 258 Ga. 706

...36-66-5. Appellants contend that the requirements of § 36-66-1 through § 36-66-5 are merely directory, with compliance therewith creating a presumption that the county has complied with due process in exercising its zoning authority. We disagree. Section 36-66-2 (a) provides as follows: While recognizing and confirming the authority of local governments to exercise zoning power ....
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Tilley Props., Inc. v. Bartow Cnty., 401 S.E.2d 527 (Ga. 1991).

Cited 22 times | Published | Supreme Court of Georgia | Mar 15, 1991 | 261 Ga. 153

...idate any zoning decisions after the effective date of the ZPL. The Bartow County ordinance was enacted after the effective date of the ZPL. The ZPL establishes as state policy, "minimum procedures governing the exercise of [the zoning] power." OCGA § 36-66-2(a)....
...The ZPL states that its intent is "to establish as state policy minimum procedures governing the exercise of [zoning] power" and to thereby assure that the general public is afforded due process when local governments exercise their zoning powers. OCGA § 36-66-2(a)....
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Century Ctr. at Braselton, LLC v. Town of Braselton, 677 S.E.2d 106 (Ga. 2009).

Cited 10 times | Published | Supreme Court of Georgia | May 4, 2009 | 285 Ga. 380, 2009 Fulton County D. Rep. 1614

...r, the courts have usually declined to infer it. [Cits.]"). Current state law upholds this principle by "recognizing and confirming the authority of local governments to exercise zoning power within their respective territorial boundaries. ..." OCGA § 36-66-2(a)....
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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

...and use regulation. Every legislative action must conform to certain standards, and every enactment is subject to attack in the courts on the basis of unconstitutionality. The section of the ZPL quoted by the dissent in support of its argument, OCGA § 36-66-2(a), does not purport in and of itself to assure due process in all land use regulation contexts, but only when "local governments regulate the uses of property through the exercise of the zoning power." Id....
...The express purpose of the ZPL is "to establish as state policy" minimum procedural safeguards "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." OCGA § 36-66-2(a)....
...Zeigler, Jr., Rathkopf's The Law of Zoning and Planning § 11.04 (2001) (listing cases exempting interim zoning and building moratoria from the procedural requirements applying to ordinary zoning ordinances and also cases holding interim zoning and stop-gap ordinances invalid as a result of procedural defects). [6] See OCGA § 36-66-2(a)....
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Walton Cnty. v. Scenic Hills Estates, Inc., 401 S.E.2d 513 (Ga. 1991).

Cited 6 times | Published | Supreme Court of Georgia | Feb 28, 1991 | 261 Ga. 94

..."The right to appeal to the superior court is fixed by statute, and lies only from bodies or tribunals when an appeal therefrom is provided for by statute. [Cits.]" Georgia Power Co. v. Friar, 47 Ga.App. 675, 682, 171 S.E. 210 (1933), aff'd, 179 Ga. 470, 175 S.E. 807 (1934). Nothing in OCGA § 36-66-2(b) expressly grants a local zoning authority the power to confer a right of direct appeal....
...e right to create direct appeals. Without express statutory language, a local government does not have the authority to create direct appeals of rezoning decisions. Judgement reversed. All the Justices concur. NOTES [1] The appellee relies upon OCGA § 36-66-2(b) for the authorization....
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Hoechstetter v. Pickens Cnty., 303 Ga. 786 (Ga. 2018).

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

...But the whole point of the statutory notice-and-hearing requirements is to afford interested citizens a meaningful opportunity to be heard on a proposed zoning decision. See City of Roswell v. Outdoor Systems, Inc., 274 Ga. 130, 131 (2) (549 SE2d 90) (2001). See also OCGA § 36-66-2 (a) (“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 3 property through the exercise of the zoning power.”)....
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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

...But the whole point of the statutory notice-and-hearing requirements is to afford interested citizens a meaningful opportunity to be heard on a proposed zoning decision. See City of Roswell v. Outdoor Systems, Inc., 274 Ga. 130, 131 (2), 549 S.E.2d 90 (2001). See also OCGA § 36-66-2 (a) ("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.")....

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

Published | Supreme Court of Georgia | Sep 30, 2025

...thority of local governments to exercise zoning power within their respective territorial boundaries,” is “to establish as state policy minimum procedures governing the exercise and means of judicial review of the exercise of that power.” OCGA § 36-66-2(a) (emphasis added)....
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Georgia Pub. Serv. Comm'n v. Turnage, 669 S.E.2d 138 (Ga. 2008).

Published | Supreme Court of Georgia | Nov 3, 2008 | 284 Ga. 610, 2008 Fulton County D. Rep. 3444

...Real Estate Law and Procedure § 3-4 (6th ed.2004). See also Davidson Mineral Properties v. Monroe County, 257 Ga. 215, 357 S.E.2d 95 (1987). Indeed, the legislature has expressly recognized that a local government is not required to exercise its zoning power. OCGA § 36-66-2(a)....