05 LC
25 3801
House
Bill 42
By:
Representatives Floyd of the
99th,
Marin of the
96th,
and Thomas of the
100th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 36-66-5 of the Official Code of Georgia Annotated, relating
to adoption of hearing policies and procedures and standards for the exercise of
zoning power, so as to require investigation, reports, and consideration of
effects of zoning decisions on local school systems; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 36-66-5 of the Official Code of Georgia Annotated, relating to adoption
of hearing policies and procedures and standards for the exercise of zoning
power, is amended by striking subsection (b) and inserting in lieu thereof the
following:
"(b)(1)
In addition to policies and procedures required by subsection (a) of this Code
section, each local government shall adopt standards governing the exercise of
the zoning power, and such standards
may:
(A)
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;
and
(B)
Shall require the local government or its planning department or similar agency
charged with the duty of reviewing zoning proposals to consult with the local
school system and investigate and report in writing whether the zoning proposal
will result in a use that will or may cause or contribute to a significantly
increased population of school age children, a significant proportion of
multifamily housing, the need for expansion or reconstruction of existing public
schools or construction of new public schools in the affected local school
system, or any combination thereof. The report of the results of such
investigation shall be a public record. At any hearing or meeting at which a
governing authority has under consideration a zoning proposal, the report of
such investigation shall be attached to the zoning proposal and reviewed. The
review of such report at such hearing or meeting shall consist, at a minimum, of
the presentation of such written report to the members of the governing
authority together with a limited supply of copies of such report to be
available at the hearing or meeting and available on request to interested
members of the public.
The provisions
of this subparagraph shall apply to each local government exercising zoning
power in this state, including without limitation any local government that is
subject to the provisions of Chapter 67 of this title. As used in this
subparagraph, the term:
(i)
'Significantly increased population of school age children' means a projected
increase of 35 percent or more in the student enrollment for any public school
in the local school system within four years after approval of the zoning
proposal.
(ii)
'Significant proportion of multifamily housing' means a projection that 38
percent or more of the population of school age children within the student
assignment area for any public school in the local school system will reside in
multifamily housing within four years after approval of the zoning
proposal.
(2)
Such standards shall be printed and copies thereof shall be available for
distribution to the general
public."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.