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

Georgia § 36-66-5

• Jurisdiction: Georgia
• Title: 36

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 or quasi-judicial 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 rendering a zoning decision 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. (b.1) In addition to policies and procedures required by subsection (a) of this Code section, each local government providing for a quasi-judicial officer's, board's, or agency's grant, denial, or review of a quasi-judicial matter may adopt specific standards and criteria governing the exercise of such quasi-judicial decision-making authority, and such standards shall include the factors by which the local government directs the evaluation of a quasi-judicial matter. Such standards shall be printed and copies thereof made 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) and permitted by subsection (b.1) of this Code section shall be included in and adopted as part of the zoning ordinance. Prior to the adoption of any zoning ordinance enacted on or after July 1, 2022, 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. See 2022 Ga. Laws 881, § 1.

Legislative History

Amended by 2022 Ga. Laws 881,§ 1, eff. 7/1/2022.