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.