HB 1405 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
HB 1405	GA	2022	D	Appeals, Enforcement, Written findings, burden and standard of proof

Provided by Furman

Summary

Allows local governments to establish procedures and notices requirements for hearings before quasi-judicial officers, boards, or agencies delegated zoning powers.

Allows the repeal of zoning ordinances, the denial of an amendment to a zoning ordinance, the denial of a special use permit, and the grant or denial of a variance to the definition of zoning decisions.

Includes new requirements for local governments holding hearings on proposed zoning actions, including requiring only one hearing for proposed actions that include a combination of zoning decisions for the same property, requiring local governments to provide for hearings on proposed zoning actions by quasi-judicial officers, boards, or agencies, with delegated decision-making power, adopting special procedures concerning amendments to zoning ordinances relating to single-family residential uses of property so as to authorize multifamily uses of property, applying special procedures to any zoning decisions that provide for the abolition of all single-family residential zoning classifications or the rezoning of all property zoned for single-family residential uses, exempting rezoning decisions initiated by the owner of the property from special procedures; and allowing local governments to adopt specific standards and criteria governing the exercise of quasi-judicial decision-making authority.

Creates a mechanism for judicial review of a local government’s exercise of zoning, administrative, or quasi-judicial powers within 30 days of the written decision.

Provided by lawmakers