By
 Peter R. Olson, Esq.
 JENKINS, BOWEN AND WALKER, P.C.
 Cartersville, Georgia
 770/387-1373
- Planning, Zoning, and Administrative  (or Quasi-judicial) Decisions
- Planning Decisions: adoption of comprehensive plan, adoption of other regulations, including zoning regulations, environmental protection regulations.
 - Zoning Decisions: rezoning of property, amendment to text or map, grant of special use permit.
 - Administrative (quasi-judicial) Decisions: variances, special exceptions, preliminary plat approval.
 
 - Laws Relevant to Planning Decisions
- Georgia Planning Act, O.C.G.A. § 50-8-7 et seq.
 - Service Delivery Strategy Act, O.C.G.A. § 36-70-20 et seq.
 - Development Impact Fees Act, O.C.G.A. § 36-71-1 et seq.
 
 - Laws Relevant to Zoning Decisions
- Procedural  Constraints
- The Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq.
 - Open Meetings Act, O.C.G.A. § 50-14-1 et seq.
 - Open Records Act, O.C.G.A. § 50‑18‑70 et seq.
 - Due Process
 
 - Ethical  Constraints
- Conflicts of Interest in Zoning Actions, 
O.C.G.A. § 36-67A-1et seq. - Local Ethical Codes
 - Constitutional Trust Provision, Art. 1, Sec. 2, Para. 1
 - Case law: a zoning commissioner should be disqualified if he holds a direct or indirect financial interest in the outcome of the zoning vote, which is not shared by the public in general and which is more than remote or speculative.
 
 - Conflicts of Interest in Zoning Actions, 
 - Special  Issues
- Contract Zoning / Conditional Zoning
 - Spot Zoning
 - Moratoria
 - Vested Rights / Grandfathering
 
 - Challenges to  Zoning Decisions
- Prerequisites
- Standing: substantial interest/aggrieved citizen test
 - Standing: declaratory judgment test
 - Timeliness: 30 days
 
 - Standard of  Review
- Fraud or manifest abuse of zoning power
 - Violation of ordinance / abuse of discretion
 - Proof of conflict of interest
 
 - Differences  Regarding Administrative Decisions>
- Review is on the record
 - Ex parte contacts raise concerns
 - The Conflict of Interest in Zoning Act does not apply, by its own terms.
 - Due process requires fair hearing: 1) notice; 2) opportunity to present case and cross-examine; 3) detailed minutes or transcript of hearing; and 4) written explanation of the reasons for decision.
 - Abuse of discretion / any evidence test
 
 - Further  Information
- Location to find Georgia Code online:
 
http://www.legis.state.ga.us/htdig/search.htm
 - Location to find Hall County, Gainesville Ordinances online (and many other Georgia jurisdictions and other states):
 
http://www.municode.com
 - Prerequisites
 
 - Procedural  Constraints
 
