If developers learn that there is a public interest in fighting the zoning change, they can use their own tactics to move the project forward, such as contacting residents to convince them to end the opposition. Some councils will even delay the vote in the hope that citizens will lose interest. You could be the key factor motivating the public to protect the peace of your community. Even if council votes to proceed with the zoning change, you may still have the opportunity to present your objections to the courts. The Chicago Metropolitan Agency for Planning recently released this video illustrating the importance of zoning reform. A much stronger potential challenge from neighbors is a challenge to the due process of zoning change and/or a challenge under the Zoning Procedures Act, O.C.G.A. § 36-66-1 et seq. If the rezoning were carried out without complying with the Zoning Procedures Act, it would be invalid. Typically, this is due to a defect in signage or log requirements, such as not being installed or published on time. The CPA requires that the notice be published at least 15 days but not more than 45 days before the hearing and that the sign be published at least 15 days before the hearing. The content of the notice has been successfully challenged if, for example, the zoning change is ultimately granted to a classification other than the sign and notice. The Supreme Court requires strict compliance, not the usual "substantial compliance," with the provisions of the Zoning Procedures Act. McClure v.
Davidson, 258 Ga. 706, 373 S.E.2d 617 (1988). Wonderful article. I have learned a lot, but I would like to know more about what to do if the rezoning applicant is rejected by the zoning board. Now they want to take the case to the Court of Appeal to overturn that decision. Surrounding property owners are pleased that council has rejected the applicant`s request to rezone the property, but we must be prepared for this fight. Zoning, the government`s regulation of land use, is the most important planning tool used by a municipality. Theoretically, zoning helps an area grow in an orderly manner and serve the public interest. State governments have the power to zone for the promotion of the health, morality, safety or general well-being of the community.
In turn, they grant this power to local governments, allowing them to control the character of a particular place. Mr. Cook: This post was written several years ago by a guest author, lawyer Peter R. Olson, formerly of the law firm Jenkins & Olson in Cartersville, Georgia, and a well-known author and speaker on land use law. You may want to try contacting him, but we at the Atlanta Regional Commission (ARC) don`t have his information. It may be more helpful to engage directly with your local planning and zoning officials to better understand the variance issues involved. You can also talk to a lawyer who is familiar with zoning and planning codes in your area, as well as contract law. Our agency (ARC) works on regional land use and transportation policy in the Atlanta subway, but is not involved in local land use and zoning decisions, particularly in any other state, so we are not able to recommend legal services to you. Good luck. Zoning ordinances are regulations for land use in cities and counties. Zoning categorizes and separates different land uses into districts within a city and county. Land use laws and regulations govern how land can be used in a particular area.
These laws are generally adhered to by local governments and municipal codes. Local governments typically offer separate districts for residential, commercial and industrial uses. Peninsulas are allowed, but islands are not? My neighborhood: A failing church occupying 1 block has asked to be rezoned from R to CBD, three sides are residential and one is CBD. If the zoning is approved, they will sell the building to an NPO that will set up a community service "shopping centre" – leasing space to 20+ organizations and businesses. The zoning change does not follow the city`s master plan. The area was rezoned from R-1 (one/two families) to R less than 12 months ago. This zoning change followed the city`s master plan, was a citizen/neighborhood initiative, and was welcomed by the same zoning authority that heard the CBD application. Also note that this area is located in a historic district recognized and protected by the state. Many cases raised by neighbours go no further than a challenge to standing. Just being upset about the change of zone does not pose a challenge to a neighbor in most cases.
First, the practitioner must determine the exact nature of the impugned zoning legislation. If the plaintiff only wants to challenge a use that is incompatible with the existing building order, the threshold is low – every citizen should be entitled to a declaratory and injunctive remedy that the use is not permitted by the existing zoning, whether or not the citizen suffers special damage as a result of the use. However, a subtle distinction exists when the citizen wishes to challenge an executive or administrative decision such as a building. Individual members of the municipal council or individual county administrators are not necessary or appropriate defendants. They may be appointed in their official capacity, but this is usually superfluous. Technically, mandamus requires a person`s name, but many cases of mandamus are simply directed against the city or county itself. Of course, if there is a complaint of personal misconduct, claims can be made against government officials. Otherwise, claims against individual staff members are dangerous and may give rise to abusive sanctions or litigation. Individual State officials enjoy legislative immunity from challenge in zone trials. Whipple v. Stadt Cordele, 231 Ga.App.