O.C.G.A.
O.C.G.A.

36-67A-1 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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.
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As used in this chapter, the term:

(1) ‘‘Applicant’’ means any person who applies for a rezoning action and any attorney or other person representing or acting on behalf of a person who applies for a rezoning action.

(2) ‘‘Business entity’’ means any corporation, partnership, limited partnership, firm, enterprise, franchise, association, or trust.

(2.1) ‘‘Campaign contribution’’ means a ‘‘contribution’’ as defined in paragraph (7) of Code Section 21-5-3.

(3) ‘‘Financial interest’’ means all direct ownership interests of the total assets or capital stock of a business entity where such ownership interest is 10 percent or more.

(4) ‘‘Local government’’ means any county or municipality of this state.

(5) ‘‘Local government official’’ means any member of the governing authority of a local government or any member of a planning or zoning commission.

(6) ‘‘Member of the family’’ means the spouse, mother, father, brother, sister, son, or daughter of a local government official.

(6.1) ‘‘Opponent’’ means any person who opposes a rezoning action or any attorney or other person representing or acting on behalf of a person who opposes a rezoning action.

(6.2) ‘‘Oppose’’ means to appear before, discuss with, or contact, either orally or in writing, any local government or local government official and argue against a rezoning action.

(6.3) ‘‘Person’’ means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons.

(7) ‘‘Property interest’’ means the direct ownership of real property and includes any percentage of ownership less than total ownership.

(8) ‘‘Real property’’ means any tract or parcel of land and, if developed, any buildings or structures located on the land.

(9) ‘‘Rezoning action’’ means action by local government adopting an amendment to a zoning ordinance which has the effect of rezoning real property from one zoning classification to another.

History

Code 1981, § 36-67A-1, enacted by Ga. L. 1986, p. 1269, § 1; Ga. L. 1991, p. 1365, § 1; Ga. L. 2005, p. 859, § 24/HB 48.

Annotations

Editor’s notes. - Ga. L. 2005, p. 859, § 28/HB 48, not codified by the General Assembly, provides that the Act shall not

apply to any violation occurring prior to January 9, 2006.

Law reviews. - For article, ‘‘Local Government Law,’’ see 53 Mercer L. Rev. 389 (2001). For article on the 2005 amendment of this Code section, see 22 Ga. St. U. L. Rev. 119 (2005).

RESEARCH REFERENCES ALR. - Bias or interest of administrative officer sitting in zoning proceeding as necessitating disqualification of officer or

affecting validity of zoning decision, 4 A.L.R.6th 263.

Notes of Decisions
Cited in 2 cases, 2000–2016 · leading case: Eric Schumacher v. City of Roswell, 787 S.E.2d 254 (Ga. Ct. App. 2016).
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Eric Schumacher v. City of Roswell, 787 S.E.2d 254 (Ga. Ct. App. 2016). · cites it 3× “; violated the plaintiffs’ due process rights under the state and federal constitutions; violated the Roswell City Charter; and violated the conflict-of-interest laws applicable to zoning actions codified in OCGA § 36-67A-1 et seq. The plaintiffs alleged that they were harmed by…”
Little v. City of Lawrenceville, 528 S.E.2d 515 (Ga. 2000). · cites it 2× “Little appealed from this rezoning decision, naming as defendants the City, the City Council, and Rezoning Applicants (Appellees), and also sought injunctive relief against Rezoning Applicants.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.