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Zoning procedures law

The Georgia legislature enacted the Zoning Procedures Law (“ZPL”) to insure that local governments “assure the general public due process” and follow “minimum procedures” when exercising zoning authority. The ZPL establishes specific procedural requirements that local governments must follow when making zoning decisions. If the locality fails to follow these requirements, zoning decisions can often be set aside.

Although you might rather read a six-volume history of the British Empire in pre-colonial times, all zoning process participants should be familiar with the statutory requirements. Summarized below are the most important aspects of the requirements:

Public Hearings. Local governments must hold a public hearing before undertaking any action that results in a “zoning decision.” A zoning decision is defined as a “final legislative action” by a local government that produces one of the following:

(1) Adoption of a zoning ordinance
(2) Adoption of an amendment to a zoning ordinance which changes the ordinance’s text
(3) Adoption of an amendment to a zoning ordinance that rezones property from one zoning classification to another
(4) Adoption of an amendment to a zoning ordinance that zones property to be annexed into the municipality
(5) Granting of a permit relating to a special use of property

Advance Advertising. The local government must publish a notice of the hearing in a local, general circulation newspaper at least 15 but no more than 45 days before the hearing. The notice must state the time, place, and purpose of the hearing.
If the zoning decision involves a rezoning initiated by a party other than the local government, the published notice must include the location of the property, and the present as well as the proposed zoning classification. A sign that advertises the proposed rezoning must also be posted on the property no less than fifteen days before the date of the hearing. If a rezoning is defeated, the same property cannot be considered again for rezoning for at least six months.

Required Policies and Procedures. The ZPL requires local governments to adopt two types of policies and procedures. First, local governments are required to adopt and make available to the public, policies and procedures governing the conduct of zoning hearings. In addition, the ZPL mandates that local governments must adopt written standards that govern the local government’s exercise of its zoning power. These substantive standards must also be made available to the general public. The ZPL provides that those standards may include any factors that a 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.” The ZPL does not explicitly list the standards that local governments must adopt. However, under the Steinberg Act discussed below, the more populous cities and counties are required to include specified standards in their zoning ordinances.

In the case of Guhl v. Holcomb Bridge Road Corporation et al., 232 S. E. 2d 830 (1977), the Georgia Supreme Court set out some guidelines that many jurisdictions, especially those which are not subject to the Steinberg Act, have incorporated into their zoning ordinances to satisfy this requirement of the ZPL. In that case the Supreme Court found that the following standards were important to the determination of whether a zoning classification is substantially related to the “public health, safety, morality or general welfare”:

(1) Existing uses and zoning of nearby property;
(2) Extent to which property values are diminished by the particular zoning restrictions
(3) Extent to which the destruction of property values of plaintiffs promotes the health, safety, morals or general welfare of the public
(4) Relative gain to the public, as compared to the hardship imposed upon the individual property owner
(5) Suitability of the subject property for the zoned purposes
(6) Length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the property. (232 S.E. 2d at 832).

In addition to the statutory requirements discussed above, the ZPL allows local governments to pass ordinances or resolutions that contain standards and procedures that are supplemental to those required by the ZPL. A local government’s zoning decision can be invalidated if it does not follow its own local procedures, even if the decision complies with the state requirements. Therefore, it is important for developers/builders who are involved in local zoning decisions to be aware of the locality’s zoning procedures as well as the state requirements.

For more information, contact one of our zoning attorneys.