O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Statute text
(a) Local governments shall adopt policies and procedures which govern calling and conducting hearings required by Code Section 36-66-4, and printed copies of such policies and procedures shall be available for distribution to the general public. Such policies and procedures shall specify a minimum time period at hearings on proposed zoning decisions for presentation of data, evidence, and opinion by proponents of each zoning decision and an equal minimum time period for presentation by opponents of each proposed zoning decision, such minimum time period to be no less than ten minutes per side.
(b) In addition to policies and procedures required by subsection (a) of this Code section, each local government shall adopt standards governing the exercise of the zoning power, and such standards may include any factors which the local government finds relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property. Such standards shall be printed and copies thereof shall be available for distribution to the general public.
(c) The policies and procedures required by subsection (a) of this Code section and the adoption of standards required by subsection (b) of this Code section may be included in and adopted as part of the zoning ordinance. Prior to the adoption of any zoning ordinance enacted on or after January 1, 1986, a local government shall conduct a public hearing on a proposed action which may be advertised and held concurrent with the hearing required by subsection (a) of Code Section 36-66-4 for the adoption of a zoning ordinance. The provisions of subsection (a) of Code Section 36-66-4 relating to notices of public hearings for the purposes of that subsection shall also apply to public hearings required by this subsection.
History
(Code 1981, § 36-66-5, enacted by Ga. L. 1985, p. 1139, § 1; Ga. L. 1993, p. 806, § 2; Ga. L. 1996, p. 317, § 1.)
Annotations
Law reviews. - For comment, "Judicial Review of Zoning Ordinances in Georgia: The Court's Role in Land Use Planning," see 41 Mercer L. Rev. 1469 (1990).
JUDICIAL DECISIONS
Notice of hearing. - County Planning Commission had the authority to conduct public hearings on applications for conditional use permits; the commission's notice of this hearing complied with O.C.G.A. § 36-66-4(a), Pickens County Code of Ordinances § 67-15, Appendix A, §§ 9.0, 14, and an additional notice was not required when the Board of Commissioners voted on the Planning Commission's recommendation.
Cited in Pinnell v. Kight, 245 Ga. App. 299, 537 S.E.2d 170 (2000).
Notes of Decisions
Hamryka v. City of Dawsonville, 728 S.E.2d 197 (Ga. 2012).
· cites it 2× “See OCGA § 36-66-5 (a). And as Appellants acknowledge, the City of Dawsonville has enacted such a provision, pursuant to which Appellants made substantive presentations in opposition to the rezoning request both in detailed letter briefs by their attorney to the City’s Planning…”
McClure v. Davidson, 373 S.E.2d 617 (Ga. 1988).
· cites it 3× “The appeal involves, inter alia, the issues of the standing of neighboring property owners to challenge the rezoning of the subject property, the applicability of the doctrines of laches and vested rights in the zoning context, and the applicability of the Zoning Procedures Act,…”
Se. Towers, LLC v. Pickens Cnty., Ga., 625 F. Supp. 2d 1293 (N.D. Ga. 2008).
· cites it 4× “, authorizes local governments to exercise zoning authority and promulgate standards to govern local zoning decisions.”
Hollberg v. Spalding Cnty., 637 S.E.2d 163 (Ga. Ct. App. 2006).
· cites it 2× “In Count 1, Sinclair sought review of the Board’s grant of the special exception, alleging, inter alia, that it was void because it was based upon a rezoning decision issued pursuant to the local ordinance governing amendments to the official zoning map, 4 which, Sinclair…”
Eric Schumacher v. City of Roswell, 809 S.E.2d 262 (Ga. Ct. App. 2017).
· cites it 2× “Such policies and procedures shall specify a minimum time period at hearings on proposed zoning decisions for presentation of data, evidence, and opinion by proponents of each zoning decision and an equal minimum time period for presentation by opponents of each proposed zoning…”
Enviro Pro, Inc. v. Emanuel Cnty., 593 S.E.2d 673 (Ga. Ct. App. 2004).
· cites it 2× “, requires that zoning decisions relating to special land uses, as in this case, proceed upon the adoption of standards governing the zoning power and compliance with notice and hearings requirements in reaching such decisions.”
Simmons v. Dep't of Transp., 484 S.E.2d 332 (Ga. Ct. App. 1997).
· cites it 2× “Consistent with due process, the County had the power to set appropriate standards and to balance public and private interests in determining whether to require rezoning, grant a variance, or grandfather Simmons’ use.”
Pinnell v. Kight, 537 S.E.2d 170 (Ga. Ct. App. 2000).
· cites it 2× “See OCGA § 36-66-5 (c) (policies and procedures for conducting hearings on zoning decisions may be included in and adopted as part of local zoning ordinance).”
Bickerstaff Clay v. Harris Cty., GA, 89 F.3d 1481 (11th Cir. 1996).
“) (8) A claim that the Harris County zoning ordinance is invalid under O.C.G.A. § 36-66-5 (1982), because of procedural irregularities in the adoption of the ordinance.”
— 36-66-5(a) — 1 case
— 36-66-5(b) — 1 case
Se. Towers, LLC v. Pickens Cnty., Ga., 625 F. Supp. 2d 1293 (N.D. Ga. 2008).
“, authorizes local governments to exercise zoning authority and promulgate standards to govern local zoning decisions.”
— 36-66-5(c) — 1 case
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