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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 36. LOCAL GOVERNMENT |
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Provisions PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS |
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Chapter 66. ZONING PROCEDURES |
| § 36-66-1. Short title |
| § 36-66-2. Legislative purpose; local government zoning powers |
| § 36-66-3. Definitions |
| § 36-66-4. Hearings on proposed zoning decisions; notice of hearing; nongovernmental initiated actions; reconsideration of defeated actions; procedure on zoning for property annexed into municipality |
| § 36-66-5. Adoption of hearing policies and procedures and standards for exercise of zoning power |
| § 36-66-6. Investigations and recommendations of planning department regarding land near military installation |
REFS & ANNOS
TITLE 36 Chapter 66 NOTE
CODE COMMISSION NOTES. --Pursuant to Code Section 28-9-5, in 1985, Chapter 66, as enacted by Ga. L. 1985, p, 117, § 1, was redesignated as Chapter 67.
LAW REVIEWS. --For article, "Judicial Review of Georgia Zoning: Cyclones and Doldrums in the Windmills of the Mind," see 2 Ga. St. U.L. Rev. 97 (1986). For article, "Iguanas, Toads and Toothbrushes: Land-use Regulation of Art as Signage," see 25 Ga. L. Rev. 437 (1991). For annual survey on law of real property, see 43 Mercer L. Rev. 353 (1991). For annual survey article on local government law, see 50 Mercer L. Rev. 263 (1998). For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004).
For note, "Constitutional Barriers to Statewide Land Use Regulation in Georgia: Do They Still Exist?," see 3 Ga. St. U.L. Rev. 249 (1987). For note on 1993 amendment of this chapter, see 10 Ga. St. U.L. Rev. 166 (1993). For note on using inclusionary zoning techniques to promote affordable housing, see 44 Emory L.J. 359 (1995).
RESEARCH REFERENCES
Am. Jur. Proof of Facts. --Unreasonableness of Zoning Restriction, 8 POF2d 53.
Special Damages Sufficient to Give Standing to Enjoin Zoning Violation, 1 POF3d 495.
Vested Right in Continuation of Zoning, 13 POF2d 373.
Zoning -- Hardship Necessary for Zoning Variance, 23 POF3d 563.
Zoning -- Invalidity of Single-Family Zoning Ordinance, 24 POF3d 543.
Zoning -- Circumstances Warranting Relief from Zoning Enforcement, 25 POF3d 541.
Zoning -- Circumstances Warranting Expansion of a Nonconforming Use, 26 POF3d 467.
Zoning: Proof of Unreasonableness of Aesthetic Regulation, 29 POF3d 491.
Zoning: Proof of Wrongful Land Use Pursuant to Section 1983, 30 POF3d 503.
Zoning: Proof of Inverse Condemnation from Excessive Land Use Regulation, 31 POF3d 563.
Zoning: Proof of Unreasonableness of Interim Zoning and Building Moratoria, 32 POF3d 485.
Zoning: Proof of Bias or Conflict of Interest in Zoning Decision, 32 POF3d 531.
Zoning: Validity of Home Occupation Accessory Use of Residential Property, 33 POF3d 459.
Zoning -- Challenge to the Imposition of Development Exactions, 36 POF3d 417.
Zoning Action Not in Accordance With a Comprehensive Plan, 37 POF3d 383.
Challenge to Rezoning as Illegal Spot Zoning, 39 POF3d 433.
Change in Character of Neighborhood Necessary to Justify Rezoning, 41 POF3d 443.
Zoning: Circumstances Justifying Termination of Lawful Nonconforming Use, 44 POF3d 531.
Am. Jur. Trials. --Landowner's Right to Maintain Nonconforming Use Under Zoning Ordinance, 62 Am. Jur. Trials 1.
ALR. --Zoning: what constitutes "incidental" or "accessory" use of property zoned, and primarily used, for residential purposes, 54 ALR4th 1034.
Change in area or location of nonconforming use as violation of zoning ordinance, 56 ALR4th 769.
Zoning: what constitutes "incidental" or "accessory" use of property zoned, and primarily used, for business or commercial purposes, 60 ALR4th 907.
Addition of another activity to existing nonconforming use as violation of zoning ordinance, 61 ALR4th 724.
Change in volume, intensity, or means of performing nonconforming use as violation of zoning ordinance, 61 ALR4th 806.
Change in type of activity of nonconforming use as violation of zoning ordinance, 61 ALR4th 902.
Alteration, extension, reconstruction, or repair of nonconforming structure or structure devoted to nonconforming use as violation of zoning ordinance, 63 ALR4th 275.
Zoning regulation of intoxicating liquor as pre-empted by state law, 65 ALR4th 555.
Zoning: construction and effect of statute requiring that zoning application be treated as approved if not acted on within specified period of time, 66 ALR4th 1012.
Zoning: residential off-street parking requirements, 71 ALR4th 529.
Laches as defense in suit by governmental entity to enjoin zoning violation, 73 ALR4th 870.
Validity of zoning laws setting minimum lot size requirements, 1 ALR5th 622.
Construction and application of zoning laws setting minimum lot size requirements, 2 ALR5th 553.
Activities in preparation for building as establishing valid nonconforming use or vested right to engage in construction for intended use, 38 ALR5th 737.
LAW REVIEWS. --For article, "Judicial Review of Georgia Zoning: Cyclones and Doldrums in the Windmills of the Mind," see 2 Ga. St. U.L. Rev. 97 (1986). For article, "Iguanas, Toads and Toothbrushes: Land-use Regulation of Art as Signage," see 25 Ga. L. Rev. 437 (1991). For annual survey on law of real property, see 43 Mercer L. Rev. 353 (1991). For annual survey article on local government law, see 50 Mercer L. Rev. 263 (1998). For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004).
For note, "Constitutional Barriers to Statewide Land Use Regulation in Georgia: Do They Still Exist?," see 3 Ga. St. U.L. Rev. 249 (1987). For note on 1993 amendment of this chapter, see 10 Ga. St. U.L. Rev. 166 (1993). For note on using inclusionary zoning techniques to promote affordable housing, see 44 Emory L.J. 359 (1995).
RESEARCH REFERENCES
Am. Jur. Proof of Facts. --Unreasonableness of Zoning Restriction, 8 POF2d 53.
Special Damages Sufficient to Give Standing to Enjoin Zoning Violation, 1 POF3d 495.
Vested Right in Continuation of Zoning, 13 POF2d 373.
Zoning -- Hardship Necessary for Zoning Variance, 23 POF3d 563.
Zoning -- Invalidity of Single-Family Zoning Ordinance, 24 POF3d 543.
Zoning -- Circumstances Warranting Relief from Zoning Enforcement, 25 POF3d 541.
Zoning -- Circumstances Warranting Expansion of a Nonconforming Use, 26 POF3d 467.
Zoning: Proof of Unreasonableness of Aesthetic Regulation, 29 POF3d 491.
Zoning: Proof of Wrongful Land Use Pursuant to Section 1983, 30 POF3d 503.
Zoning: Proof of Inverse Condemnation from Excessive Land Use Regulation, 31 POF3d 563.
Zoning: Proof of Unreasonableness of Interim Zoning and Building Moratoria, 32 POF3d 485.
Zoning: Proof of Bias or Conflict of Interest in Zoning Decision, 32 POF3d 531.
Zoning: Validity of Home Occupation Accessory Use of Residential Property, 33 POF3d 459.
Zoning -- Challenge to the Imposition of Development Exactions, 36 POF3d 417.
Zoning Action Not in Accordance With a Comprehensive Plan, 37 POF3d 383.
Challenge to Rezoning as Illegal Spot Zoning, 39 POF3d 433.
Change in Character of Neighborhood Necessary to Justify Rezoning, 41 POF3d 443.
Zoning: Circumstances Justifying Termination of Lawful Nonconforming Use, 44 POF3d 531.
Am. Jur. Trials. --Landowner's Right to Maintain Nonconforming Use Under Zoning Ordinance, 62 Am. Jur. Trials 1.
ALR. --Zoning: what constitutes "incidental" or "accessory" use of property zoned, and primarily used, for residential purposes, 54 ALR4th 1034.
Change in area or location of nonconforming use as violation of zoning ordinance, 56 ALR4th 769.
Zoning: what constitutes "incidental" or "accessory" use of property zoned, and primarily used, for business or commercial purposes, 60 ALR4th 907.
Addition of another activity to existing nonconforming use as violation of zoning ordinance, 61 ALR4th 724.
Change in volume, intensity, or means of performing nonconforming use as violation of zoning ordinance, 61 ALR4th 806.
Change in type of activity of nonconforming use as violation of zoning ordinance, 61 ALR4th 902.
Alteration, extension, reconstruction, or repair of nonconforming structure or structure devoted to nonconforming use as violation of zoning ordinance, 63 ALR4th 275.
Zoning regulation of intoxicating liquor as pre-empted by state law, 65 ALR4th 555.
Zoning: construction and effect of statute requiring that zoning application be treated as approved if not acted on within specified period of time, 66 ALR4th 1012.
Zoning: residential off-street parking requirements, 71 ALR4th 529.
Laches as defense in suit by governmental entity to enjoin zoning violation, 73 ALR4th 870.
Validity of zoning laws setting minimum lot size requirements, 1 ALR5th 622.
Construction and application of zoning laws setting minimum lot size requirements, 2 ALR5th 553.
Activities in preparation for building as establishing valid nonconforming use or vested right to engage in construction for intended use, 38 ALR5th 737.