Last year, the Georgia House of Representatives passed Bill 1405, revising zoning procedures law for local governments, effective July 1, 2022. The new law has a year-long grace period, making it effective the same date, this year.
Alongside a conceptual plan and a final plat for subdivisions in Appling, most of the on the items on the agenda for the Columbia County Planning Commission’s upcoming meeting Thursday are in consideration of new amendments in light of the zoning bill.
The bill is an amendment to Title 36 of the Official Code of Georgia, to “establish as state policy minimum procedures governing the exercise and means of judicial review of the exercise” of the zoning power of local governments.
Among the changes in the bill is that parties who render decisions on variances, special administrative permits, special exceptions, conditional use permits and other zoning decisions are defined as “quasi-judicial officers, boards or agencies.”
Only one hearing is required for text amendments (like the ones being proposed to comply with the new law), rezonings, special uses and concurrent variances.
Public hearings are required for any text amendments that involve allowing multi-family uses in single-family residential districts. The new Zoning Procedures Law leaves room for local governments to determine some issues with their legal counsel, such as the definition of “multi-family use.”
Planning staff notes that the bill modifies noticing requirements for public hearings before the Planning Commission, particularly those for temporary use authorizations (Code of Ordinances Section 54-9); variances (Section 74-118); home occupations (Section 90-142); appeals, variances and minor waivers (Section 90-179); and zoning changes and ordinance amendments (Section 90-180).
The Columbia County Board of Commissioners has initiated five text amendments to these respective sections in the county zoning ordinance, to comply with the house bill’s required changes by July.
Planning staff notes, for example, that the section regarding variances allows the Planning Commission to approve variances to design elements of a plat, such as the length of blocks, sidewalk requirements and lot configuration, but that the new law requires notices and public hearings for such requests.
Though the amendments are on the agenda for Thursday’s meeting, planning staff has recommended postponing all five of them to a later meeting, citing the need for more time to work with the county attorney on the revisions.
The Columbia County Planning Commission will meet Thursday, May 18, at 6 p.m.
Skyler Q. Andrews is a staff reporter for The Augusta Press. Reach him at skyler@theaugustapress.com.
