Title 36, Chapter 66, Section 4
( 36-66-4)
(a) A local government taking action resulting in a zoning decision
shall provide for a hearing on the proposed action. At least 15 but
not more than 45 days prior to the date of the hearing, the local
government shall cause to be published within a newspaper of general
circulation within the territorial boundaries of the local
government a notice of the hearing. The notice shall state the
time, place, and purpose of the hearing. (b) If a zoning decision of a local government is for the rezoning
of property and the rezoning is initiated by a party other than the
local government then: (1) The notice, in addition to the requirements of subsection (a)
of this Code section, shall include the location of the property,
the present zoning classification of the property, and the
proposed zoning classification of the property; and (2) A sign containing information required by local ordinance or
resolution shall be placed in a conspicuous location on the
property not less than 15 days prior to the date of the hearing. (c) If the zoning decision of a local government is for the rezoning
of property and the amendment to the zoning ordinance to accomplish
the rezoning is defeated by the local government, then the same
property may not again be considered for rezoning until the
expiration of at least six months immediately following the defeat
of the rezoning by the local government. (d) If the zoning is for property to be annexed into a municipality,
then: (1) Such municipal local government shall complete the procedures required by this chapter for such zoning, except for the final vote of the municipal governing authority, prior to adoption of the annexation ordinance or resolution or the effective date of any local Act but no sooner than the date the notice of the proposed annexation is provided to the governing authority of the county as required under Code Section 36-36-6; (2) The hearing required by subsection (a) of this Code section
shall be conducted prior to the annexation of the subject property
into the municipality; (3) In addition to the other notice requirements of this Code
section, the municipality shall cause to be published within a
newspaper of general circulation within the territorial boundaries
of the county wherein the property to be annexed is located a
notice of the hearing as required under the provisions of
subsection (a) or (b), as applicable, of this Code section and
shall place a sign on the property when required by subsection (b)
of this Code section; and (4) The zoning classification approved by the municipality
following the hearing required by this Code section shall become
effective on the later of: (A) The date the zoning is approved by the municipality; or (B) The date that the annexation becomes effective pursuant to Code Section 36-36-2. (e) A qualified municipality into which property has been annexed
may provide, by the adoption of a zoning ordinance, that all annexed
property shall be zoned by the municipality, without further action,
for the same use for which that property was zoned immediately prior
to such annexation. A qualified county which includes property
which has been deannexed by a municipality may provide, by the
adoption of a zoning ordinance, that all deannexed property shall be
zoned by the county, without further action, for the same use for
which that property was zoned immediately prior to such
deannexation. A municipality shall be a qualified municipality only
if the municipality and the county in which is located the property
annexed into such municipality have a common zoning ordinance with
respect to zoning classifications. A county shall be a qualified
county only if that county and the municipality in which was located
the property deannexed have a common zoning ordinance with respect
to zoning classifications. A zoning ordinance authorized by this
subsection shall be adopted in compliance with the other provisions
of this chapter. The operation of such ordinance to zone property
which is annexed or deannexed shall not require any further action
by the adopting municipality, adopting county, or owner of the
property annexed or deannexed. Property which is zoned pursuant to
this subsection may have such zoning classification changed upon
compliance with the other provisions of this chapter. (f) When a proposed zoning decision relates to or will allow the
location or relocation of a halfway house, drug rehabilitation
center, or other facility for treatment of drug dependency, a public
hearing shall be held on the proposed action. Such public hearing
shall be held at least six months and not more than nine months
prior to the date of final action on the zoning decision. The
hearing required by this subsection shall be in addition to any
hearing required under subsection (a) of this Code section. The
local government shall give notice of such hearing by: (1) Posting notice on the affected premises in the manner
prescribed by subsection (b) of this Code section; and (2) Publishing in a newspaper of general circulation within the
territorial boundaries of the local government a notice of the
hearing at least 15 days and not more than 45 days prior to the
date of the hearing. Both the posted notice and the published notice shall include a
prominent statement that the proposed zoning decision relates to or
will allow the location or relocation of a halfway house, drug
rehabilitation center, or other facility for treatment of drug
dependency. The published notice shall be at least six column inches
in size and shall not be located in the classified advertising
section of the newspaper. |