Sunday, June 4, 2023–1:05 p.m.
-David Crowder, WRGA News-
The Rome-Floyd County Planning Commission has approved an amendment to the Unified Land Development Code reflecting changes made by House Bill 1405; amending Georgia’s zoning procedures law.
One change increases the public notification period from a minimum of 15 days to 30 days before a public hearing, according to Rome-Floyd County Senior Planner Brittany Griffin.
“1405 was a house bill that was passed last year which was the state’s response to local governments changing their single-family ordinance to allow for multi-family in single-family areas,” she said. “A lot of municipalities and planners have been adopting something called ‘a smart code’ which is basically development or density of any kind of zone.”
Planning Commission attorney Chris Jackson said the change, which must be adopted, brings zoning hearings more in line with judicial hearings.
“These hearings are sort of quasi–judicial types of hearings where the planning commission or county commission is making a ruling,” he said. “The 30-day window is more protection for the surrounding landowners.”
Another zoning and planning law change requires the property owner who is applying for the zoning change, also be notified at least 30 days before the public hearing.
HB 1405 also requires the local government bodies to incorporate the state zoning procedures law into the ULDC. A resolution must also be adopted regarding appeals of decisions made by the city commission, county commission, or the board of adjustments. An appeal is essentially a lawsuit and the law seeks to clear up any confusion regarding who gets served with the legal action.
“1405 says you have to specify who to serve,” he said. “With the board of adjustments, we are specifying that you would serve the planning director because the BOA is not a recommending body. It’s what is called a lower adjudicatory body, which is basically someone who makes a decision that’s appealable to a superior court. As far as a planning commission decision, which is eventually ruled on by the city or county, we have designated the mayor of the city or the chair of the county commission as the proper person to serve.”
The planning commission approved the resolution, which now heads to the full Rome City and Floyd County Commissions for a vote.