08 LC 35
0696
House
Bill 956
By:
Representatives Holt of the
112th,
Willard of the
49th,
Roberts of the
154th,
and England of the
108th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to
judgments and rulings deemed directly appealable, so as to provide for direct
appeal of zoning decisions; to amend Chapter 66 of Title 36 of the Official Code
of Georgia Annotated, relating to zoning procedures, so as to provide for
consistency in review of zoning decisions; to provide for rebuttable
presumptions related to zoning decisions; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments
and rulings deemed directly appealable, is amended in subsection (a) by striking
"and" after paragraph (9), by replacing the period at the end of paragraph (10)
with "; and", and by adding a new paragraph to read as follows:
"(11)
All judgments or orders pertaining to the constitutionality of zoning decisions
by local governments."
SECTION
2.
Chapter
66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning
procedures, is amended by adding a new Code section to read as
follows:
"36-66-7.
(a)
It shall be a rebuttable presumption that zoning decisions by local governments
are valid. To overcome such presumption, the burden of proof shall be on the
property owner to prove by clear and convincing evidence that the property owner
has suffered a significant detriment in the use of his or her property and that
the zoning decision is not substantially related to the public health, safety,
morality, or general welfare.
(b)
In determining whether there is a significant detriment to a property owner
making a rezoning request, a potential increase in the value of the property if
the property were rezoned shall be irrelevant. Where a request for rezoning is
being reviewed, the consideration shall be whether the property has value under
its existing zoning or whether the owner will suffer an economic loss if the
property is not rezoned.
(c)
If the local government has a comprehensive development plan in place, it shall
be a rebuttable presumption that the zoning decision is substantially related to
the public welfare and promotes a significant public interest if the zoning
decision is in accordance with such comprehensive development
plan."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.