- While recognizing and confirming the authority of local governments to exercise zoning power within their respective territorial boundaries, it is the intention of this chapter to establish as state policy minimum procedures governing the exercise and means of judicial review of the exercise of that power. The purpose of these minimum procedures is to assure that due process is afforded to the general public when local governments regulate the uses of property through the exercise of the zoning power. Nothing in this chapter shall be construed to invalidate any zoning decision made by a local government prior to July 1, 2023, or to require a local government to exercise its zoning power.
- Consistent with the minimum procedures required by this chapter, local governments may:
- Provide by ordinance or resolution for such administrative officers, boards, or agencies as may be expedient for the efficient exercise of delegated, quasi-judicial zoning powers and to establish procedures and notice requirements for hearings before such quasi-judicial officers, boards, or agencies that are consistent with the minimum procedures provided for in this chapter to assure due process is afforded the general public; and
- Provide by ordinance or resolution for procedures and requirements in addition to or supplemental to those required by this chapter and, where so adopted, thereby establish the minimum procedures for such local government’s exercise of zoning powers.
History. Code 1981, § 36-66-2 , enacted by Ga. L. 1985, p. 1139, § 1; Ga. L. 2022, p. 825, § 1/HB 1405.
The 2022 amendment, effective July 1, 2022, substituted “the exercise and means of judicial review of the exercise of that power” for “the exercise of that power” in the first sentence, and substituted “July 1, 2023” for January 1, 1986” in the third sentence of subsection (a); rewrote paragraph (b)(1), which read: “Provide by ordinance or resolution for such administrative officers, bodies, or agencies as may be expedient for the efficient exercise of their zoning powers; and”; and added “and, where so adopted, thereby establish the minimum procedures for such local government’s exercise of zoning powers” at the end of paragraph (b)(2). See Editor’s notes for applicability.
Editor’s notes.
Ga. L. 2022, p. 825, § 2/HB 1405, not codified by the General Assembly, makes this Code section applicable to all zoning and quasi-judicial decisions occurring on and after July 1, 2022; however, no zoning or quasi-judicial decision prior to July 1, 2023, shall be rendered invalid or void because of a local government’s failure to implement language in their ordinances accomplishing the provisions of Code Section 36-66-5.1.