Georgia Commons

Official Code of Georgia Annotated

Title 36. LOCAL GOVERNMENT · Chapter 66. ZONING PROCEDURES

36-66-3. Definitions.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

  1. As used in this chapter, the term:

  2. (1)

    “Local government” means any county or municipality which exercises zoning power within its territorial boundaries.#

  3. (1.1)

    “Quasi-judicial boards or agencies” any board or agency designated by ordinance to make quasi-judicial decisions.#

  4. (1.2)

    “Quasi-judicial decision” means a final quasi-judicial action that is the exercise of quasi-judicial land use powers, including hearing appeals of administrative decisions and hearing and rendering decisions on applications for variances, administrative permits, or other similar permits not enumerated herein as a zoning decision, pursuant to standards for the exercise of such quasi-judicial authority adopted by a local government. Such term does not include permits issued or decisions made by administrative staff pursuant to the authority designated by ordinance which contains an express right to appeal to a local government board or authority which is subject to these provisions applicable to quasi-judicial decisions.#

  5. (2)

    “Territorial boundaries” means, in the case of counties, the unincorporated areas thereof and any area defined in paragraph (5.1) of Code Section 36-70-2, and, in the case of municipalities, the area lying within the corporate limits thereof except any area defined in paragraph (5.1) of Code Section 36-70-2.#

  6. (3)

    “Zoning” means the power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established.#

  7. (4)

    “Zoning decision” means final legislative action by a local government which results in:#

    1. (A)

      The adoption or repeal of a zoning ordinance;#

    2. (B)

      The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance;#

    3. (C)

      The adoption or denial of an amendment to a zoning ordinance to rezone property from one zoning classification to another;#

    4. (D)

      The adoption or denial of an amendment to a zoning ordinance by a municipal local government to zone property to be annexed into the municipality;#

    5. (E)

      The grant or denial of an application for a special use of property; or#

    6. (F)

      The grant or denial of an application for a variance or the imposition or modification of conditions concurrent and in conjunction with a decision pursuant to subparagraph (C) or (E) of this paragraph, or a subsequent modification to such a variance or condition.#

  8. (5)

    “Zoning ordinance” means an ordinance or resolution of a local government establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. Such term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 36-66-3, enacted by Ga. L. 1985, p. 1139, § 1; Ga. L. 1993, p. 806, § 1; Ga. L. 1996, p. 1009, § 1; Ga. L. 1997, p. 1567, § 2; Ga. L. 1998, p. 1391, § 1; Ga. L. 2022, p. 825, § 1/HB 1405; Ga. L. 2023, p. 730, § 7(9)/HB 475, effective July 1, 2023; Ga. L. 2025, p. 476, § 2-4/HB 155, effective July 1, 2025; Ga. L. 2025, p. 1029, § 36(26)/SB 153, effective July 1, 2025.

Amendments

The 2023 amendment, effective July 1, 2023, part of an Act to revise, modernize, and correct the Code, substituted “subparagraph” for “subparagraphs” in subparagraph (4)(F). The first 2025 amendment, effective July 1, 2025, rewrote paragraph (1.1); added paragraph (1.2); substituted “an application for” for “a permit relating to” in subparagraph (4)(E); and substituted “denial of an application for a variance or the imposition or modification of conditions” for “denial of a variance or conditions” and added “, or a subsequent modification to such a variance or condition” after “paragraph” in subparagraph (4)(F). See Editor’s notes for applicability. The second 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, substituted “powers, including” for “powers including” in paragraph (1.2) and substituted “Such term” for “The term” in paragraph (5).

Editor's notes

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. Ga. L. 2025, p. 476, § 3-1(b)/HB 155, not codified by the General Assembly, provides: “Part II of this Act shall become effective on July 1, 2025, and shall apply to all zoning and quasi-judicial decisions occurring on and after such date; provided, however, that no zoning or quasi-judicial decision occurring prior to December 31, 2026, shall be rendered invalid or void if a local government fails to implement the provisions set out in Code Section 36-66-5.1.”

Code Commission notes

Pursuant to Code Section 28-9-5, in 1985, the definitions were alphabetized. Pursuant to Code Section 28-9-5, in 2022, “or” was added at the end of subdivision (4)(E).

Law reviews

For review of 1998 legislation relating to local government, see 15 Ga. St. U.L. Rev. 194 (1998). For survey article on real property law, see 67 Mercer L. Rev. 193 (2015). For annual survey on zoning and land use law, see 70 Mercer L. Rev. 301 (2018). For article, “HB 1405: Amendments to the Zoning Procedures Law,” see 39 Ga. St. U.L. Rev. 125 (2022).

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Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t36-ch60-92-(v27a)-2025-pdf.pdf, Volume V27A, 2025 edition, pages 186 to 188; merge action: bound only; file SHA-256 5150ee8c60f7.

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