Adoption of Hearing Policies and Procedures and Standards for Exercise of Zoning Power

  1. Law
  2. Georgia Code
  3. Local Government
  4. Zoning Procedures
  5. Adoption of Hearing Policies and Procedures and Standards for Exercise of Zoning Power

Checkout our iOS App for a better way to browser and research.

  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.

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


Download our app to see the most-to-date content.