(ii) Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing.Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the local government and in the office of the clerk of the superior court of the county of the legal situs of the local government for the purpose of examination and inspection by the public. The local government shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.
(2) The provisions of paragraph (1) of this subsection shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of a local government or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of a local government to multifamily residential uses of property.
(3) This subsection shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.
History. Code 1981, § 36-66-4 , enacted by Ga. L. 1985, p. 1139, § 1; Ga. L. 1996, p. 1009, § 2; Ga. L. 1998, p. 856, § 3; Ga. L. 1998, p. 1392, § 1; Ga. L. 2004, p. 69, § 19; Ga. L. 2012, p. 775, § 36/HB 942; Ga. L. 2022, p. 825, § 1/HB 1405.
The 2022 amendment, effective July 1, 2022, added the second sentence in subsection (a) and added subsections (g) and (h). See Editor’s notes for applicability.
Editor’s notes.
Ga. L. 2004, p. 69, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘State and Local Taxation, Financing, and Service Delivery Revision Act of 2004.’ ”
Ga. L. 2022, p. 825, § 2/HB 1405, not codified by the General Assembly, makes this Code section applicable to all zoning and quasi-judicial decisions occurring on and after July 1, 2022; however, no zoning or quasi-judicial decision prior to July 1, 2023, shall be rendered invalid or void because of a local government’s failure to implement language in their ordinances accomplishing the provisions of Code Section 36-66-5.1.
Law reviews.
For article surveying real property law in 1984-1985, see 37 Mercer L. Rev. 343 (1985).
For article on 2004 amendment of this Code section, see 21 Ga. St. U.L. Rev. 226 (2004).
For annual survey on zoning and land use law, see 61 Mercer L. Rev. 427 (2009).
For annual survey on real property, see 69 Mercer L. Rev. 251 (2017).
For annual survey on zoning and land use law, see 69 Mercer L. Rev. 371 (2017).