One of the more complex issues local government has to deal with is zoning decisions. Whenever a controversial case comes up, people often ask, “Why would you even allow them to apply for that?” or “Why don’t you just tell them, ‘no?’”
The answer is simple. Under the law in Georgia, as with most states, a property owner has the right to ask for a variance, rezoning, etc. for their property. Everyone gets their day in court, so to speak. That concept is as old as zoning itself.
Zoning is a public process governed by the Zoning Procedures Act in the State of Georgia. Georgia law requires that zoning cases have one public hearing. Local governments can allow for more public input, but not less than the minimum of one public hearing set forth in State law. In Woodstock, in addition to a public input meeting, two public hearings are required. The public input meeting is required to be held between the applicant and surrounding property owners. Minutes from the public input meeting are taken and are required to be furnished to the City as part of the application process. As the first step, the public input meeting is the time for the applicant and surrounding property owners to discuss the application directly and try to work through any issues that may be identified.
The first public hearing is before the Woodstock Planning Commission. Composed of citizen members appointed by the Mayor and Council, the Planning Commission makes a recommendation on projects to the Mayor and Council. The second public hearing is before the Mayor and Council who make the ultimate decision on variance and zoning requests.
In regard to variances, the question often comes up, “Why would you even consider a variance to your ordinance?” The answer is because there is no practical way to write an ordinance that can take every possible scenario into consideration. Not every parcel of property is the same, and sometimes, parcels have unique characteristics that make the application of the zoning ordinance not practical in every situation. Thus, the requirement in State law is to allow for a variance process to consider unique hardships.
Striking the balance between the property rights of the applicant and the neighbor’s property rights can often be a difficult and emotional process. Legal complexities often further complicate cases along with the consideration of the long-range plans of the community. Public input is an integral part of helping both the Planning Commission and the Mayor and Council search for both a fair and equitable solution to this complex issue.
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