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2018 Georgia Code 36-66-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-66-5 Case Law from Google Scholar Amendments to OCGA 36-66-5

TITLE 36 LOCAL GOVERNMENT

Chapter 66 information not found

ARTICLE 2 DEVELOPMENT AUTHORITIES

36-66-5. Adoption of hearing policies and procedures and standards for exercise of zoning power.

  1. 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.
  2. 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.
  3. 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.

(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.)

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. Hoechstetter v. Pickens County, 341 Ga. App. 213, 799 S.E.2d 352 (2017).

Cited in Pinnell v. Kight, 245 Ga. App. 299, 537 S.E.2d 170 (2000).

Cases Citing O.C.G.A. § 36-66-5

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Hamryka v. City of Dawsonville, 291 Ga. 124 (Ga. 2012).

Cited 39 times | Published | Supreme Court of Georgia | May 29, 2012 | 728 S.E.2d 197, 2012 Fulton County D. Rep. 1757

...ision in superior court. Here, for example, Georgia law required the City of Dawsonville to enact zoning procedures to permit anyone opposed to a zoning decision, such as the rezoning at issue, to participate in the administrative process. See OCGA § 36-66-5 (a)....
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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

...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, OCGA § 36-66-1 to § 36-66-5....
...The appellants contend in their third enumeration that the trial court erred in holding that the rezoning was a nullity because the county ordinance did not comply with OCGA § 36-66-4 (a), a provision of the "The Zoning Procedures Law," § 36-66-1 through § 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....
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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

...e Bartow County did not follow the mandatory language of *528 the ZPL. Specifically, Bartow County did not conduct a public hearing for the purpose of adopting the policies and procedures to govern the calling and conducting of zoning hearings. OCGA § 36-66-5....
...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). All local governments are required to adopt policies and procedures to govern calling and conducting zoning hearings. OCGA § 36-66-5(a). Printed copies of the policies and procedures must be available for distribution to the public. Id. "Prior" to the adoption of the policies and procedures, OCGA § 36-66-5(c), a local government must publish within a newspaper of general circulation a notice of the public hearing, OCGA § 36-66-4, and a public hearing must be held on the proposed action. Id. Bartow County did not comply with the mandatory language of the statute. There was no public notice in the newspaper, as required by OCGA § 36-66-5(c), informing the public that there would be a hearing prior to adopting the policies and procedures, and there was no public hearing in which policies and procedures were adopted. The testimony at the trial court hearing establishes, beyond a doubt, that policies and procedures were not adopted at a public hearing for that purpose. OCGA § 36-66-5....
...R prior to the issuance of a surface mining permit, would be an appropriate action against the DNR, not the county. For the foregoing reasons, I respectfully dissent. I am authorized to state that Justice BENHAM joins in this dissent. NOTES [1] OCGA § 36-66-5 provides, in pertinent part, "(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....