Bill Text: GA HB268 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: Zoning procedures; notice of rezoning hearings; sign posted on property; require

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-02-09 - House Committee Favorably Reported [HB268 Detail]

Download: Georgia-2011-HB268-Comm_Sub.html

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12 LC 29 5130S

The House Committee on Judiciary offers the following substitute to HB 268:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to provide for notice of a zoning action by United States mail; to provide for contents; to provide for notice of rezoning hearings; to require that a sign be posted on property sought to be rezoned; to provide that certain information be posted; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, is amended by revising Code Section 36-66-4, relating to hearings on proposed zoning decisions, notice of hearing, nongovernmental initiated actions, reconsideration of defeated actions, and procedure on zoning for property annexed into municipality, as follows:

"36-66-4.

(a) A local government taking action resulting in a zoning decision shall provide for a hearing on the proposed action. At least 15 but not more than 45 days prior to the date of the hearing, the local government shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, date, place, and purpose of the hearing.

(b) If a zoning decision of a local government is for the rezoning of property and the rezoning is initiated by a party other than the local government, then:

(1) The notice, in addition to the requirements of subsection (a) of this Code section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and

(2) A sign containing information required by local ordinance or resolution shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing. Such sign shall identify the current zoning and the proposed zoning classification of the property, the time, date, and place of the hearing, and such other information as required by local ordinance; and

(3) The local government shall also give notice by United States mail to each owner of property adjoining the property subject to a change in zoning classification or uses at least 15 but not more than 45 days prior to the date of the hearing. Such notice shall identify the current zoning, the proposed zoning change, the time, date, and place of the hearing, and such other information as required by local ordinance.

(c) If the zoning decision of a local government is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated by the local government, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the local government.

(d) If the zoning is for property to be annexed into a municipality, then:

(1) Such municipal local government shall complete the procedures required by this chapter for such zoning, except for the final vote of the municipal governing authority, prior to adoption of the annexation ordinance or resolution or the effective date of any local Act but no sooner than the date the notice of the proposed annexation is provided to the governing authority of the county as required under Code Section 36-36-6;

(2) The hearing required by subsection (a) of this Code section shall be conducted prior to the annexation of the subject property into the municipality;

(3) In addition to the other notice requirements of this Code section, the municipality shall cause to be published within a newspaper of general circulation within the territorial boundaries of the county wherein the property to be annexed is located a notice of the hearing as required under the provisions of subsection (a) or (b), as applicable, of this Code section and shall place a sign on the property when required by subsection (b) of this Code section; and

(4) The zoning classification approved by the municipality following the hearing required by this Code section shall become effective on the later of:

(A) The date the zoning is approved by the municipality;

(B) The date that the annexation becomes effective pursuant to Code Section 36-36-2; or

(C) Where a county has interposed an objection pursuant to Code Section 36-36-11, the date provided for in paragraph (8) of subsection (b) (c) of said Code section.

(e) A qualified municipality into which property has been annexed may provide, by the adoption of a zoning ordinance, that all annexed property shall be zoned by the municipality, without further action, for the same use for which that property was zoned immediately prior to such annexation. A qualified county which includes property which has been deannexed by a municipality may provide, by the adoption of a zoning ordinance, that all deannexed property shall be zoned by the county, without further action, for the same use for which that property was zoned immediately prior to such deannexation. A municipality shall be a qualified municipality only if the municipality and the county in which is located the property annexed into such municipality have a common zoning ordinance with respect to zoning classifications. A county shall be a qualified county only if that county and the municipality in which was located the property deannexed have a common zoning ordinance with respect to zoning classifications. A zoning ordinance authorized by this subsection shall be adopted in compliance with the other provisions of this chapter. The operation of such ordinance to zone property which is annexed or deannexed shall not require any further action by the adopting municipality, adopting county, or owner of the property annexed or deannexed. Property which is zoned pursuant to this subsection may have such zoning classification changed upon compliance with the other provisions of this chapter.

(f) When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held on the proposed action. Such public hearing shall be held at least six months and not more than nine months prior to the date of final action on the zoning decision. The hearing required by this subsection shall be in addition to any hearing required under subsection (a) of this Code section. The local government shall give notice of such hearing by:

(1) Posting notice on the affected premises in the manner prescribed by subsection (b) of this Code section; and

(2) Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing at least 15 days and not more than 45 days prior to the date of the hearing.; and

(3) Giving notice by United States mail to each owner of property adjoining the property subject to a change in zoning classification or uses at least 15 but not more than 45 days prior to the date of the hearing. Such notice shall identify the current zoning, the proposed zoning change, the time, date, and place of the hearing, and such other information as required by local ordinance.

Both the posted notice and the published notice The notices shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

(g) The mailing of notice required by this Code section shall be effective upon placing such notice in the United States mail, postage prepaid, addressed to each adjoining property owner as reflected in the tax records of the county in which such adjoining property is located."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.