HB318: HB318 Appeal and error; appeal of superior court decisions on zoning decisions of counties and municipal corporations; provide

25 LC 44 2998 House Bill 318 By: Representatives Reeves of the 99th, Roberts of the 52nd, Leverett of the 123rd, Donatucci of the 105th, Okoye of the 102nd, and others A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated,1 relating to appellate practice, and Chapter 66 of Title 36 of t he Official Code of Georgia2 Annotated, relating to zoning procedures as pertaining to count ies and municipal3 corporations, so as to provide for the appeal of superior court decisions on zoning decisions4 of counties and municipal corporations; to repeal provisions au thorizing administrative5 officers to exercise zoning powers; to repeal provisions authorizing quasi-judicial boards and6 agencies to hear and render decisions on applications for special administrative permits and7 conditional permits; to revise definitions; to provide for rela ted matters; to provide for an8 effective date and applicability; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Article 2 of Chapter 6 of Title 5 of the Official Code of Georg ia Annotated, relating to12 appellate practice, is amended by revising subsection (a) of Code Section 5-6-34, relating to13 judgments and rulings deemed directly appealable, procedure for review of judgments,14 orders, or decisions not subject to direct appeal, scope of review, hearings in criminal cases15 H. B. 318 - 1 - 25 LC 44 2998 involving a capital offense for which death penalty is sought, and appeals involving16 nonmonetary judgments in child custody cases, as follows:17 "(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the18 following judgments and rulings of the superior courts, the Georgia State-wide Business19 Court, the constitutional city courts, and such other courts or tribunals from which appeals20 are authorized by the Constitution and laws of this state:21 (1) All final judgments, that is to say, where the case is no longer pending in the court22 below, except as provided in Code Section 5-6-35;23 (2) All judgments involving applications for discharge in bail trover and contempt cases;24 (3) All judgments or orders directing that an accounting be had;25 (4) All judgments or orders granting or refusing applications for receivers or for26 interlocutory or final injunctions;27 (5) All judgments or orders granting or refusing applications for attachment against28 fraudulent debtors;29 (6) Any ruling on a motion which would be dispositive if grant ed with respect to a30 defense that the action is barred by Code Section 16-11-173;31 (7) All judgments or orders granting or refusing to grant mand amus or any other32 extraordinary remedy, except with respect to temporary restraining orders;33 (8) All judgments or orders refusing applications for dissolution of corporations created34 by the superior courts;35 (9) All judgments or orders sustaining motions to dismiss a ca veat to the probate of a36 will;37 (10) All judgments or orders entered pursuant to subsection (c ) of Code38 Section 17-10-6.2;39 (11) All judgments or orders in child custody cases awarding, refusing to change, or40 modifying child custody or holding or declining to hold persons in contempt of such child41 custody judgment or orders;42 H. B. 318 - 2 - 25 LC 44 2998 (12) All judgments or orders entered pursuant to Code Section 35-3-37; and43 (13) All judgments or orders entered pursuant to Code Section 9-11-11.1; and44 (14) All final judgments or orders reviewing a zoning decision, as such term is defined45 in paragraph (4) of Code Section 36-66-3."46 SECTION 2.47 Said article is further amended by revising subsection (a) of Code Section 5-6-35, relating48 to cases requiring application for appeal, requirements for app lication, exhibits, response,49 issuance of appellate court order regarding appeal, procedure, supersedeas, jurisdiction of50 appeal, and appeals involving nonmonetary judgments in custody cases, as follows:51 "(a) Appeals in the following cases shall be taken as provided in this Code section:52 (1) Appeals from decisions of the superior courts reviewing decisions of the State Board53 of Workers' Compensation, the State Board of Education, auditor s, state and local54 administrative agencies, and lower courts, and quasi-judicial decisions of boards or55 agencies of local governments, including those defined in paragraphs (1.1) and (1.2) of56 Code Section 36-66-3 by petition for review; provided, however, that this provision shall57 not apply to decisions of the Public Service Commission and probate courts and to cases58 involving ad valorem taxes and condemnations;59 (2) Appeals from judgments or orders in divorce, alimony, and other domestic relations60 cases including, but not limited to, granting or refusing a div orce or temporary or61 permanent alimony or holding or declining to hold persons in contempt of such alimony62 judgment or orders;63 (3) Appeals from cases involving distress or dispossessory warrants in which the only64 issue to be resolved is the amount of rent due and such amount is $2,500.00 or less;65 (4) Appeals from cases involving garnishment or attachment, ex cept as provided in66 paragraph (5) of subsection (a) of Code Section 5-6-34;67 (5) Appeals from orders revoking probation;68 H. B. 318 - 3 - 25 LC 44 2998 (5.1) Appeals from decisions of superior courts reviewing deci sions of the Sexual69 Offender Risk Review Board;70 (5.2) Appeals from decisions of superior courts granting or denying petitions for release71 pursuant to Code Section 42-1-19;72 (6) Appeals in all actions for damages in which the judgment is $10,000.00 or less;73 (7) Appeals, when separate from an original appeal, from the denial of an extraordinary74 motion for new trial;75 (8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion76 to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief77 upon a complaint in equity to set aside a judgment;78 (9) Appeals from orders granting or denying temporary restraining orders;79 (10) Appeals from awards of attorney's fees or expenses of lit igation under Code80 Section 9-15-14;81 (11) Appeals from decisions of the state courts reviewing deci sions of the magistrate82 courts by de novo proceedings so long as the subject matter is not otherwise subject to83 a right of direct appeal;84 (12) Appeals from orders terminating parental rights; and85 (13) Appeals from orders under subsection (a) of Code Section 44-14-610 granting or86 denying an objection to the filing of a lis pendens or granting or denying a motion87 canceling a lis pendens."88 SECTION 3.89 Chapter 66 of Title 36 of the Official Code of Georgia Annotate d, relating to zoning90 procedures as pertaining to counties and municipal corporations , is amended by revising91 paragraph (1) of subsection (b) of Code Section 36-66-2, relating to legislative purpose and92 local government zoning powers, and by adding a new paragraph to read as follows:93 H. B. 318 - 4 - 25 LC 44 2998 "(1) Provide by ordinance or resolution for such administrative officers, boards, or94 agencies as may be expedient for the efficient exercise of delegated, quasi-judicial zoning95 powers and to establish procedures and notice requirements for hearings before such96 quasi-judicial officers, boards, or agencies that are consistent with the minimum97 procedures provided for in this chapter to assure due process i s afforded the general98 public; and"99 SECTION 4.100 Said chapter is further amended by revising paragraphs (1.1) an d (4) of Code101 Section 36-66-3, relating to definitions, and by adding a new paragraph to read as follows:102 "(1.1) 'Quasi-judicial officers, boards, or agencies' means an officer, board, or agency103 appointed by a local government to exercise delegated, quasi-ju dicial zoning powers104 including hearing appeals of administrative decisions by such o fficers, boards, or105 agencies and hearing and rendering decisions on applications fo r variances, special106 administrative permits, special exceptions, conditional use per mits, or other similar107 permits not enumerated herein as a zoning decision, pursuant to standards for the exercise108 of such quasi-judicial authority adopted by a local government any board or agency109 designated by ordinance to make quasi-judicial decisions.110 (1.2) 'Quasi-judicial decision' means a final quasi-judicial action that is the exercise of111 quasi-judicial land use powers, including hearing appeals of administrative decisions and112 hearing and rendering decisions on applications for variances, administrative permits, or113 other similar permits not enumerated herein as a zoning decision, pursuant to standards114 for the exercise of such quasi-judicial authority adopted by a local government. Such115 term does not include permits issued or decisions made by administrative staff pursuant116 to the authority designated by ordinance which contains an express right to appeal to a117 local government board or authority which is subject to these p rovisions applicable to118 quasi-judicial decisions."119 H. B. 318 - 5 - 25 LC 44 2998 "(4) 'Zoning decision' means final legislative action by a local government which results120 in:121 (A) The adoption or repeal of a zoning ordinance;122 (B) The adoption of an amendment to a zoning ordinance which changes the text of the123 zoning ordinance;124 (C) The adoption or denial of an amendment to a zoning ordinance to rezone property125 from one zoning classification to another;126 (D) The adoption or denial of an amendment to a zoning ordinan ce by a municipal127 local government to zone property to be annexed into the municipality;128 (E) The grant or denial of a permit relating to an application for a special use of129 property; or130 (F) The grant or denial of an application for a variance or the imposition or131 modification of conditions concurrent and in conjunction with a decision pursuant to132 subparagraph (C) or (E) of this paragraph, or a subsequent modi fication to such a133 variance or condition."134 SECTION 5.135 Said chapter is further amended by revising subsections (b), (c ), (g), and (h) of Code136 Section 36-66-4, relating to adoption of hearing policies and p rocedures and standards for137 exercise of zoning power, as follows:138 "(b) If a zoning decision of a local government is for the rezo ning of property and the139 rezoning is initiated by a party other than the local government, then:140 (1) The notice, in addition to the requirements of subsection (a) of this Code section,141 shall include the location of the property, the present zoning classification of the property,142 and the proposed zoning classification of the property; and143 H. B. 318 - 6 - 25 LC 44 2998 (2) A sign containing information required by local ordinance or resolution shall be144 placed in a conspicuous location on the property not less than 15 days nor more than 45145 days prior to the date of the hearing.146 (c) If the zoning decision of a local government is for the re zoning of property and the147 amendment to the zoning ordinance to accomplish the rezoning is defeated denied by the148 local government, then the same property may not again be considered for rezoning until149 the expiration of at least six months immediately following the defeat d e n i a l o f t h e150 rezoning by the local government or the conclusion of related judicial proceedings."151 "(g) A local government delegating decision-making power to a q uasi-judicial officer,152 board, or agency shall provide for a hearing on each proposed action described in153 paragraph (1.1) of Code Section 36-66-3. Notice of such hearin g shall be provided at154 least 30 15 but not more than 45 days prior to the quasi-judicial hearing, with such notice155 being made as provided for in subsection (a) of this Code section and with additional notice156 being mailed to the owner of the property that is the subject of the proposed action.157 (h)(1) Notwithstanding any other provisions of this chapter to the contrary, when a158 proposed zoning decision relates to an amendment of the zoning ordinance to revise one159 or more zoning classifications or definitions relating to single-family residential uses of160 property so as to authorize multifamily uses of property pursuant to such classification161 or definitions, or to grant blanket permission, under certain or all circumstances, for162 property owners to deviate fro m the existing zoning requirement s of a single-family163 residential zoning, such zoning decision shall be adopted in the following manner:164 (A) The zoning decision shall be adopted at two regular meetin gs of the local165 government making the zoning decision, during a period of not less than 21 at least 15166 but not more than 45 days apart; and167 (B) Prior to the first meeting provided for in subparagraph (A ) of this paragraph, at168 least two public hearings shall be held on the proposed action. Such public hearings169 shall be held at least three months and not more than nine months prior to the date of170 H. B. 318 - 7 - 25 LC 44 2998 final action on the zoning decision. Furthermore, at least one of the public hearings171 shall be held between the hours of 5:00 P.M. and 8:00 P.M. The hearings required by172 this paragraph shall be in addition to any hearing required under subsection (a) of this173 Code section. The local government shall give notice of such hearing by:174 (i) Posting notice on each affected premises in the manner pre scribed by175 subsection (b) of this Code section; provided, however, that wh en more than 500176 parcels are affected, in which case posting notice is required every 500 feet in the177 affected area; and178 (ii) Publishing in a newspaper of general circulation within the territorial boundaries179 of the local government a notice of each hearing at least 15 days and not more than 45180 days prior to the date of the hearing.181 Both the posted notice and the published notice shall include a prominent statement that182 the proposed zoning decision relates to or will authorize multifamily uses or give blanket183 permission to the property owne r to deviate from the zoning req uirements of a184 single-family residential zoning of property in classification previously relating to185 single-family residential uses. The published notice shall be at least nine column inches186 in size and shall not be located in the classified advertising section of the newspaper. The187 notice shall state that a copy of the proposed amendment is on file in the office of the188 clerk or the recording officer of the local government and in the office of the clerk of the189 superior court of the county of the legal situs of the local government for the purpose of190 examination and inspection by the public. The local government shall furnish anyone,191 upon written request, a copy of the proposed amendment, at no cost.192 (2) The provisions of paragraph (1) of this subsection shall a lso apply to any zoning193 decisions that provide for the abolition of all single-family r esidential zoning194 classifications within the territorial boundaries of a local government or zoning decisions195 that result in the rezoning of all property zoned for single-family residential uses within196 H. B. 318 - 8 - 25 LC 44 2998 the territorial boundaries of a local government to multifamily residential uses of197 property.198 (3) This subsection shall not apply to zoning decisions for the rezoning of property from199 a single-family residential use of property to a multifamily re sidential use of property200 when the rezoning is initiated by the owner or authorized agent of the owner of such201 property or when the local government adopts a zoning ordinance or zoning map202 applicable to the entire land area under the governance of the local government, as203 opposed to a subset of parcels of land under the governance of the local government."204 SECTION 6.205 Said chapter is further amended by revising subsections (b.1) a nd (c) of Code206 Section 36-66-5, relating to adoption of hearing policies and p rocedures and standards for207 exercise of zoning power, as follows:208 "(b.1) In addition to policies and procedures required by subse ction (a) of this Code209 section, each local government providing for a quasi-judicial officer's, board's, board's or210 agency's grant, denial, or review of a quasi-judicial matter ma y s h a l l adopt specific211 standards and criteria governing the exercise of such quasi-jud icial decision-making212 authority, and such standards shall include the factors by whic h the local government213 directs the evaluation of a quasi-judicial matter. Such standards shall be printed and copies214 thereof made available for distribution to the general public.215 (c) The policies and procedures required by subsection (a) of this Code section and the216 adoption of standards required by subsection (b) and permitted by subsection (b.1) of this217 Code section shall be included in and adopted as part of the zoning ordinance. Prior to the218 adoption of any zoning ordinance enacted on or after July 1, 2022, a local government shall219 conduct a public hearing on a proposed action which may be adve rtised and held220 concurrent with the hearing required by subsection (a) of Code Section 36-66-4 for the221 adoption of a zoning ordinance. The provisions of subsection (a) of Code Section 36-66-4222 H. B. 318 - 9 - 25 LC 44 2998 relating to notices of public hearings for the purposes of that subsection shall also apply to223 public hearings required by this subsection."224 SECTION 7.225 Said chapter is further amended by revising paragraph (2) of su bsection (a) of Code226 Section 36-66-5.1, relating to judicial review and procedures, as follows:227 "(2) Quasi-judicial decisions as described in this chapter and zoning decisions under228 subparagraph (E) of paragraph (4) of Code Section 36-66-3 shall be subject to appellate229 review by the superior court pursuant to its appellate jurisdiction from a lower judicatory230 body and shall be brought by way of a petition for such review as provided for in Title 5.231 Such matters shall be reviewed on the record which shall be brought to the superior court232 as provided in Title 5."233 SECTION 8.234 This Act shall become effective on July 1, 2025, and shall appl y to all zoning and235 quasi-judicial decisions occurring on and after such date; provided, however, that no zoning236 or quasi-judicial decision occurring prior to December 31, 2026 , shall be rendered invalid237 or void if a local government fails to implement the provisions set out in Code238 Section 36-66-5.1.239 SECTION 9.240 All laws and parts of laws in conflict with this Act are repealed.241 H. B. 318 - 10 -