Georgia Court of Appeals Sets Aside Rezoning Decision Made Without Site Plan Where Local Zoning Ordinance Required Site Plan And Consideration of Specific Criteria

The Georgia Court of Appeals reversed a Banks County rezoning decision as violative of its zoning ordinance where its county commission approved a rezoning application that did not include a site plan.  The Court of Appeals held that the local zoning ordinance required county officials to review rezoning applications based on specific criteria, such as the land use, development suitability, and the impact of the rezoning on nearby property. The Court of Appeals noted that without a site plan, officials had little information about the rezoning applicant’s actual proposed use and how that use would affect the property, hindering their ability to analyze the required criteria.

The Court of Appeals held that the county officials neglected to obtain the required site plan from the rezoning applicant, thus ignoring mandatory zoning requirements and depriving themselves of key information relating to the proposed development.  The Court of Appeals reversed the trial court and remanded the rezoning decision to the county commission for further consideration in compliance with its order.

Keep reading for GZB’s summary of Harden v. Banks County, 294 Ga. App. 327, 670 S.E.2d 133, decided November 8, 2008.

City of Atlanta Neighborhood Planning Unit Recommends Denial of Conservation Subdivision Ordinance

NPU-B voted unanimously to reject  a conservation subdivision ordinance proposed by the city’s Bureau of Planning and Department of Watershed Management. 

The proposed Planned Development Conservation Subdivision ordinance would allow for greater density in exchange for water quality improvement and protection of greenspace in new subdivision developments.

NPU-B rejected the ordinance because the ordinance’s language was not clear.

“My major concern is there’s still too much gray area in the ordinance,” said Sally Silver, board vice president. “It needs iron-clad wording and intent. The definitions relating to architecture are not as clear as they need to be. With city elections coming up, we’ll be having a new city administration interpreting these standards.”

“There’s a level of anxiety in other communities and on other NPU boards,” said Jeff Shell, NPU B chairman.

The ordinance now goes to the Zoning Review Board at its first or second meeting in April. The board will make recommendations to the city council zoning committee, which will make recommendations to the City Council for a vote.

Cherokee County Considers Subdivision Regulations and Other Changes to Zoning Ordinance

Tonight -  September 16 – the Cherokee County Board of Commissioners will consider adding Subdivision Regulations and a few revisions to its current Zoning Ordinance.   

Cherokee County currently has no subdivision ordinance.  The proposed Subdivision Regulations sets forth new procedures every residential property owner or developer will have to follow to subdivide their property.  The proposed regulations attempts to discourage subdivided land from being further subdivided for a period of three (3) years, regardless of ownership.

The proposed Subdivision Regulations also set forth new requirements for construction, expansion, and maintenance of private roads, including requirements for additional disclosures in sales transactions.

The proposed amendments to the existing Zoning Ordinance limit the time period a manufactured home or building may be used because of a temporary hardship, place additional aesthetic-based regulations upon home offices, limit a non-conforming use to the portion of the property actually being used, prohibit the Zoning Board of Appeals from making decisions as to permissive uses within zoning districts, and make clear that no action by the Board of Commissioners upon a rezoning application within 90 days is deemed a denial without prejudice.

You can find the proposed Subdivision Ordinance and amendments here. 

You can find the current Cherokee County Zoning Ordinance here. 

The public meeting will be tonight, September 16 beginning at 6 p.m. in the Jury Assembly Room on the ground floor of the Justice Center located at 90 N. Street in Canton.

UPDATE:  NO DECISION WAS MADE AT THE SEPTEMBER 16 MEETING.

UPDATE:  THE PROPOSED ORDINANCE WILL BE CONSIDERED AT THE COMMISSIONERS MEETING ON OCTOBER 7, SAME TIME, SAME PLACE AS THE SEPTEMBER 6 MEETING.