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GA HB1405
Bill
Status
5/13/2022
Primary Sponsor
Shea Roberts
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AI Summary
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Adds a new definition of "quasi-judicial officers, boards, or agencies" to cover delegated local government bodies that hear appeals, variances, special exceptions, conditional use permits, and similar matters, and establishes minimum hearing and notice requirements (at least 30 days' notice) for their proceedings
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Requires enhanced notice and hearing procedures when a local government proposes to amend zoning ordinances to convert single-family residential classifications to authorize multifamily uses, including at least two public hearings (one held between 5:00 P.M. and 8:00 P.M.), adoption at two regular meetings at least 21 days apart, and published notices of at least nine column inches
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Establishes a dual judicial review framework: legislative zoning decisions are subject to de novo review in superior court with a presumption of validity (overcome by clear and convincing evidence), while quasi-judicial decisions and special use permits are subject to appellate on-the-record review under Title 5
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Requires all challenges or appeals of zoning and quasi-judicial decisions to be filed within 30 days of the written decision, and mandates that local governments designate specific officers to accept service and process appeals
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Effective July 1, 2022, applying to all zoning and quasi-judicial decisions on or after that date, with a grace period providing that no decision before July 1, 2023, shall be invalidated due to a local government's failure to update its ordinances to conform with the new judicial review provisions
Legislative Description
The Zoning Procedures Law; revise
Last Action
Effective Date 2022-07-01
5/13/2022