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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 Georgia Code 36-66-2 From Courtlistener.com

Total Results: 8

Hoechstetter v. Pickens Cnty.

Court: Supreme Court of Georgia | Date Filed: 2018-06-04

Citation: 815 S.E.2d 50

Snippet: 131 (2), 549 S.E.2d 90 (2001). See also OCGA § 36-66-2 (a) ("The purpose of these minimum procedures is

Shelley v. Town of Tyrone

Court: Supreme Court of Georgia | Date Filed: 2017-10-16

Citation: 302 Ga. 297, 806 S.E.2d 535

Snippet: Little may have been overbroad, because OCGA § 36-66-2 (b) (2) — a provision of the ZPL not mentioned

Century Center at Braselton, LLC v. Town of Braselton

Court: Supreme Court of Georgia | Date Filed: 2009-05-04

Citation: 677 S.E.2d 106, 285 Ga. 380, 2009 Fulton County D. Rep. 1614, 2009 Ga. LEXIS 176

Snippet: respective territorial boundaries. ..." OCGA § 36-66-2(a). In the same act, "zoning" is defined as including

Georgia Public Service Commission v. Turnage

Court: Supreme Court of Georgia | Date Filed: 2008-11-03

Citation: 669 S.E.2d 138, 284 Ga. 610, 2008 Fulton County D. Rep. 3444, 2008 Ga. LEXIS 863

Snippet: required to exercise its zoning power. OCGA § 36-66-2(a). The truly "counterintuitive proposition" would

City of Roswell v. Outdoor Systems, Inc.

Court: Supreme Court of Georgia | Date Filed: 2001-07-02

Citation: 549 S.E.2d 90, 274 Ga. 130, 2001 Fulton County D. Rep. 2061, 2001 Ga. LEXIS 537

Snippet: through the exercise of the zoning power.” OCGA § 36-66-2 (a). In furtherance of this goal of insuring protection

Tilley Properties, Inc. v. Bartow County

Court: Supreme Court of Georgia | Date Filed: 1991-03-15

Citation: 401 S.E.2d 527, 261 Ga. 153, 1991 Ga. LEXIS 130

Snippet: governments exercise their zoning powers. OCGA § 36-66-2 (a). The notice provided by Bartow County prior

Walton County v. Scenic Hills Estates, Inc.

Court: Supreme Court of Georgia | Date Filed: 1991-02-28

Citation: 401 S.E.2d 513, 261 Ga. 94, 1991 Ga. LEXIS 104

Snippet: Ga. 470, 175 S.E. 807 (1934). Nothing in OCGA § 36-66-2(b) expressly grants a local zoning authority the

McClure v. Davidson

Court: Supreme Court of Georgia | Date Filed: 1988-11-23

Citation: 373 S.E.2d 617, 258 Ga. 706, 1988 Ga. LEXIS 494

Snippet: exercising its zoning authority. We disagree. Section 36-66-2 (a) provides as follows: While recognizing and