Local planning legislation [1961]

LOCAL PLANNING LEGISLATION
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STATE OF GE RGIA
S. ERNEST V...A...N. D'-I-V-E' R~ , GOVERNOR
Georgia Department Of Commerce
JACK J. MINTER, DIRECTOR
Planning Division
1961

TABLE OF CONTENTS

AUTHORIZATION . . .

PAGE 1

PLANNING COMMISSION

1

Creation and Appointment

Organization, Rules, Staff, and Finance

Principal Powers and Dutie$

Reports On Matters Referred to It

Master Plan

ZONING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Grant of Powers

Plan and Ordinance

Method of Procedure

Amendments

Board of Appeals

Enforcement and Remedies

Conflict With Other Laws

SUBDIVISION REGULATIONS

8

Intent

Planning Commission as Platting Authority

Provision of Regulations

Procedure on Plats

Effect of Plat Approval on Status of Dedication

Penalties For Transferring Lots in Unapproved Subdivisions

Acceptance of the Improvements in Unapproved Streets

Erection of Buildings

OFFICIAL MAP. . . . . . . .

11

Establishment

Platting of Street, Public Building Site or Public Open

Space Lines

Establishment of Proposed Boundary Lines of Streets, Public

Building Sites or Public Open Spaces

Regulation of Buildings and other Structures in Bed o:f Mapped

Streets, Public Building Sites or Public Open Space

DEFINITIONS . . . . . . . . . . . . . . . . . . .

. . . . 14

EFFECTS ON EXISTING PLANNING AND ZONING AUTHORIZATION

14

PUBLIC HEARINGS . . . .

14

PUBLICATION OF NOTICES.

15

INVALIDITY OF PART . . .

15

REPEAL OF CONFLICTING ACTS. .

15

GENERAL PLANNING ENABLING ACT OF 1957 (Including all amendments through the regular 1961 session of the General Assembly)
AN ACT
To authorize the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions; to provide for the preparation and amendment of overall plans for the orderly growth and development of said municipalities and counties; to provide for the regulation of the subdivision of land; to provide for the regulation of structures in mapped streets, public building sites, and public open spaces; to repeal conflicting laws, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I
PLANNING COMMISSION: CREATION AND APPOINTMENT. The governing authority of each municipality in this State is authorized to create by ordinance a municipal planning commission. The governing authority of each county in this state is authorized to create by resolution a county planning commission. Any two or more municipalities are authorized to create a joint planning commission. Any two or more counties are authorized to create a joint planning commission. Any one or more counties and any one or more municipalities in any one or more of these counties are authorized to create a joint planning commission. Wherever the tenns, "Municipal Planning Commission", "County Planning Commission", or "MunicipalCounty Planning Commission", are used hereinafter, they shall be construed to mean and shall include any planning commission established hereunder. The governing authorities of the political subdivision or subdivisions creating a planning commission shall select the name of the commission, but such a name must include the term "Planning Commission". A planning commission shall be canposed of members Who shall be appointed by the governing authority or authorities of the political subdivision or subdivisions creating the commission. A majority of the members of a planning commission shall be persons who hold no other public office in the municipality or county from which they are appointed. Ex-officio members of the commission who hold public office shall serve on the commission during the time they hold such public office. Other members of the commission shall be appointed for overlapping terms of three, four, or five years and shall serve until their successors are appointed. Original appointments may be made for a lesser number of years so that the terms of said members shall be staggered. The compensation of the members, if any, shall be determined by the governing authority or authorities of the political subdivision or subdivisions creating the commission. Any vacancy in the membership of a planning commission shall be filled for the unexpired term in the same manner a.s the original appointment. The governing authority or authorities of the political subdivision or subdivisions creating the commission are hereby authorized to remove any member of the commission for cause after written notice and public hearing.

SECTION 2
PLANNING COMMISSION: ORGANIZATION, RULES, STAFF, AND FINANCES. The municipal planning commission, county planning commission, or the municipal-county planning cow~ission shall elect one of its appointive members as chairmen who shall serve for one year or'until he is re-elected or his successor is elected.
Asecond appointive member shall be elected as vice chairman, and he shall serve
for one year or until he is re-elected or his successor is elected. The planning commission shall appoint a secretary who may be an officer or an employee of the governing authority or of the planning commission. The planning commission shall meet at least once each month at the call of the chairman and at such other times as the chairman or board may determine, shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions,findings, and determination, which record shall be a public record. The planning commission may appoint such employees and staff as it may deem necessary for its ivork. In the performance of its duties, the planning commission may cooperate with, contract iVith, or accept fUnds from Federal, State, or local, public or semi-public agencies or private individuals or corporation, may expend such funds, and may carry out such cooperative undertakings and contracts. It may make expenditure for the purchase of required equipment and supplies. The expenditures of the planning commission, exclusive of gUts to the commission or contract receipts, shall be within the amounts appropriated for the purpose by the governing authority or authorities who are empowered to determine, agree upon, and appropriate funds for the payment of expenses of the planning commission or their respective shares thereof.
SECTION 3
PLANNING COMMISSION: PRINCIPAL POWERS AND D!Jl'IES. It shall be the function and duty of the municipal planning commission, the county planning commissiOn, or the municipal-county planning commission to make such careful and comprehensive surveys and studies of existing conditions and probable future developments and to prepare such plans for physical, social, and economic growth as will best promote the public health, safety, morals, convenience, prosperity, or the general welfare as well as efficiency and economy in the development of its political jur:i.sdiction. In particular, the planning commission shall have the power and duty to:
1. Prepare a master plan or parts thereof for the development of its political jurisdiction.
2. Prepare and recommend for adoption to the appropriate governing authority or authorities a zoning ordinance or resolution and map for its political jurisdiction.
3. Prepare and recommend for adoption to the appropriate governing authority or
authorities regulations for the subdivision of land within its political jurisdiction, and to administer the regulations that may be adopted.
4. Prepare and recommend for adoption to the appropriate governing authority or
authorities, a plat or plats or an official map showing the exact locat!on of the boundary lines of existing, proposed, extended, widened or narrowed streets, public open spaces or public building sites, together with regulations to control the erection of buildings or other structures within such lines, within its political jurisdiction or a specified portion thereof.
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In addition,unincorporated areas adjacent to municipalities m~ be added to and
included in the area under the jurisdiction of a municipal planning commission for general planning and for master plan preparation and for the preparation and administration of zoning ordinances or resolutions, land subdivision regulations, and official maps, provided that the governing bodies of the county and municipality shall agree to the boundaries of such additional areas, procedures for joint action, procedures for the adoption and administration of ordinances and resolutions, and regulations applying to the area, and the manner of obtaining equitable representation on the municipal planning commission and board of zoning appeals. Such agreement shall be formally established by appropriate official action by the governing authorities involved.
SECTION 4
PLANNING COMMISSION: MISCELLANEOUS POWERS. The municipal planning commission, the county planning commission, or the municipal-county planning commission may make, publish, and distribute maps, plans and reports and recommendations relating to the plan and development of its political jurisdiction to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the executive or legis'lative officials of its political jurisdiction programs for pub.lic improvements and the financing thereof. All public officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work. The planning commission, its members and employees, in the performance of its functions, m~ enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon, provided, however, that the planning commission shall be liable for any injury or damage to property resulting therefrom. In general, the planning commission shall have such powers as may be necessary to enable it to perform its function and promote the planning of its political jurisdiction.
SECTION 5
PLANNING COMMISSION: REPORTS ON MATTERS REFERRED TO IT. The governing authority or authorities may by ordinance or resolution provide for the reference of any matter or class of matters to the planning commission serving its political jurisdiction before final action thereon by the public body or officer having final authority thereon, with the provision that final action thereon shall not be taken until said planning commission has submitted its report thereon or has had a reasonable time, to be fixe.d in said rule, to submit the report.
SECTION 6
MASTER PLAN. It shall be the duty of the municipal planning commission, the county planning commission, or the municipal-county planning commission to make a master plan of its political jurisdiction and to perfect it from time to time. Such master plan may show, among other things; existing and proposed streets, highways, expressw~s, bridges, tunnels and viaducts and approaches thereto; routes of railroads and transit lines; te~inals, ports, airports; parks, playgrounds, forests, reserv~tions, and other public open spaces; sites for public buildings and structures; districts for residence, business, industry, recreation, agriculture, forestry; special districts for other purposes; limited development districts for purposes of conservation, watersupply, sanitation, drainage, protection against floods, and the like; areas for
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housing developments, slum clearance, and urban renewal and redevelopment; location of public utilities whether publicly or privately owned, including but not limited to sewerage and water-supply systems; zoning districts, and other planning features, together with time and priority sched~es and cost estimates for the accomplishment of the proposals. The master plan shall be based upon and include appropriate studies of the location and extent of present and anticipated population, social and economic resources and problems, and other use:f'ul data. Such plan may be adopted, added to, and changes from time to time, by a majority vote of the planning commission. It shall be a public record, but its purpose and effect shall be solely to aid the planning commission in the performance of its duties.
SECTION 7
ZONING: GRANT OF POWER. For the purpose of promoting the health, safety, morals) convenience, order, prosperity,or general welfare of the municipality or county or both, the governing authorities of the municipality and county, respectively, are hereby empowered, in accordance with the conditions and the procedure specified in this Act, to regulate the location, height, bulk, number of stories and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces, the density and distribution of populations, and the uses of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, water supply, sanitation, protection against floods, public activities, and other purposes. Such regulations shall be made in accordance with a comprehensive pla.n and shall be designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requ::Jrements. Such regulations shall be made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings and encouraging the most appropriate use of land and other buildings and structures throughout such municipality or county or both.
SECTION 8
ZONIID: PLAN AND ORDJNANCE. Whenever the municipal planning commission, the county planning commission, or the municipal-county planning commission makes and certifies to its governing authority or authorities a zoning plan, including both the full text of the recommended zoning ordinance or resolution or both and the maps, for the entire area of the municipality or for the entire unincorporated area of the county or for any militia district or land lot or land or water areas 500 feet wide on either side of any State or county high~ or section of such highwey or land or water areas 500 feet wide on either side of any water line 6f a stream or water reservoir or section thereof within the unincorvorated area of the county, then the governing authority of the municipality or county may exercise
the powers granted to them in Section 7 of this Act and, for the purposes therein
mentioned, may divide the municipality or county or above specified portions of county into districts of such number, shape, and size as it may determine, and within
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6uch districts it may regulate the erection, construction, reconstruction, alteration, and use of buildings and structures and the uses of land. All 6uch regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts. The lawful use of any land, building, or structure that was existing and lawful at the time of the enactment or amendment of zoning regulations may, except as hereinafter provided, be continued although such does not conform with the provisions of such regulations or amendments (hereinafter called non=conforming use)o The governing authority of any municipality or county may provide in the zoning ordinance or resolution for the continuance, ~storation, reconstruction, extension, or substitution of a non-conforming use. Such governing authority may also provide for the termination of any use of a building or structure or land that is not in conformity with the regulations of the district within which it is located either by specifYing the period or periods in which the non~conforming use shall be required to cease, or by providing a formula or formulae whereby the compulsory termination of a non-conforming use may be so fixed as to allow for the recovery or amortization of the investment in such non~conforming use.
SECTION 9
ZONING~ METHOD OF PROCEDURE. Before enacting the zoning ordinance or resolution the governing authority of the municipality or county shall hold a public hearing thereon, at least fifteen days' notice of the time and place of Which shall be published in a newspaper of general circulation in the municipality or county. No change in or departure from the text or maps, as certified by the municipal planning commission, the county planning commission, or the municipalcounty planning commission, shall be made unless such change or departure be first submitted to the planning commission for review and recommendation. The planning commission shall have 30 days within which to submit its report. If the planning commission fails to submit a report within the 30~day period, it shall be deemed to have approved the change or departure.
SECTION 10
ZONING~ AMENDMENTS. The zoning ordinance or resolution, including the maps, may be amended from time to time; but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the municipal planning commission, the county planning commission, or the municipalcounty planning commission for review and recommendation. The planning commission shall have thirty ( 30) days within which to submit its report. If the planning commission fails1 to submit its report within the thirty (30) day period, it shall be deemed to have approved the proposed amendment. The provisions of the previous section relative to public hearings and official notice shall apply equally to all amendments. However, the governing authority of the municipality and the county may, by joint resolution, authorize a municipal=county planning commission to hold all the public hearings in lieu of the public hearing required by the governing authority of the municipality and county and that When so authorized by ordinance or resolution by the governing authority of the municipality or county, the Mudcipal=County Planning Commission SPall hold a public hearing thereon; at least fifteen (15) days' notice of the time and place shall be published in a newspaper of general circulation in the county before enacting any amendment to the zoning ordinance or resolution, including the maps and that when said public hearing is held as required herein by the Municipal=County Planning Commission a public hearing by the governing authority of the municipality or county shall not be necessary before amending the said zoning ordinance or resolution including the maps thereof.
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SECTION 11
ZONmG: BOARD OF APPE.A.LS. The governing authority of the municipality or the governing authority of the county may each create a board of zoning appeals or they~ create a joint board of appeals.
The board of appeals shall consist of not less than three or more than five members, appointed by the governing authority or authorities of the area served. The members shall serve for overlapping terms of not less than three or more than five years or thereafter until their successors are appointed. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. The appointing authorities shall determine the amount of compensation, if an.y, to be paid to the m,embers of a board of zoning appeals. Nbne of the members shall hold any other public office or position in the municipality or county, except that one member may be also a member of the planning commission.
The board of appeals shall elect one of its members as chairman, who shall serve for one year or until he is re-elected or his successor is elected. The board of appeals shall appoint a secretary who m~ be an officer of the governing authority or of the planning commission. The board shall adopt rules in accordance with the provisions of any ordinance or resolution adopted pursuant to this Act. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, of if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a. public record.
Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county affected by any decision of the administrative officer. Such appeal shall be taken within a. reasonable time, as provided by the rules of the board , by filing with the officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the ground thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appeal3i from was taken.
An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be st~ed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.
The board of appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as
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due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
The board of appeals shall have the following powers:
1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any ordinance or resolution adopted pursuant to this Act.
2. To hear and decide special exceptions to the terms of the ordinance or resolution upon which such board is required to pass under such ordinance or resolution.
3. To authorize upon appeal in specific cases such variance from the terms of
the ordinance or resolution as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance or resolution will, in an individual case, result in unnecessary hardship, so that the spirit of the ordinance or resolution shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of appeals that:
(a) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topograppy, and
(b) the application of the ordinance or resolution to this particular piece of property would create an unnecessary hardship, and
(c) such conditions are peculiar to the particular piece of property involved,
(d) relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the ordinance or resolution, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by the ordinance or resolution.
In exercising the above powers, the board of appeals may, in conformity with the provisions of this Act, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit
SECTION 12
ZONING: ENFORCEMENT AND REMEDIES. The governing authority of the municipality or county may provide for the enforcement of any ordinance or resolution adopted pursuant to the provisions of this Act by means of the withholding of building permits and occupancy permits, and for such purpose may establish and fill the position of building inspector, individuallY or jointly. From and after the establishment of such position and the filling of the same, it shall be unlawful to construct, reconstruct, or alter any building or other structure without first obtaining a building permit from such building inspector
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or to use such building or structure or any land without first obtaining an occupancy permit from such building inspector; and such building inspector shall not issue any permit unless the requirements of this Act and of any ordinance or resolution adopted pursuant to it are compied with. A violation of any ondinance or resolution adopted pursuant to the provisiPns of this APt is hereby declared to be a misdemeanor and, upon conviction thereof, shall be punished as provided by law. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is or is proposed to be used in violation of ~ ordinance or resolution adopted pursuant to this Act, the building inspector, municipal or county attorney, or other appropriate authority of the municipality or county or any adjacent or neighboring property owner who would be specially damaged by such violation may,in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceading to prevent suoh unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate such violation, or to prevent the occupancy of said building, structure, or land. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues shall be deemed a separate offense.
SECTION 13
ZONING~ CONFLICT WITH Ol'HER LAWS. Whenever the regulations made under authority of this Act require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required in or under any other statute, the regulations made under authority of this Act shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by the regulations made under authority of this Act, the provis:lons of such statute shall govern.
SEariON 14
SUBDIVISION REGULATIONS~ INTENT. The public health, safety, morals, and general welfare require the harmonious, orderly and progressive development of land within the cities and counties of the State. In furtherance of this purpose, regulation of the subdivision of land by municipal and county governing authorities is authorized for the following purposes, among others:
1. To encourage the development of economically sound and stable communities.
2. To assure the provision of required streets, utilities, and other facilities and services to new land developments,
3. To assure the adequate provision of safe and convenient traffic access and
circulation, both vehicular and pedestrian, in new land developments;
4. To assure the provision of needed public open spaces and building sites in
new land developments through the dedication or reservation of land for recreational, educational, and other public purposes' and
5. To assure, in general, the wise development of new areas, in harmony with
the master plan of the community.

SECI'ION 15
SUBDIVISION REGULATIONS: PLANNING COMMISSION AS PI,.A.'n'ING AUTHORITY. From and after the time the municipal planning commission, the county planning commission, or the municipal-county planning commission shall have prepared and adopted a master plan or at least the major street portion of such master plan and shall have recommended to the governing authority of the municipality or the governing authority of the county regulations for the subdivision of land within the municipality or county, respectively, which regulations shall have been adopted by the governing authority of the city or county, as provided in Section 16 below, then no plat of a subdivision within the municipality or within the unincorporated portion of the county shall be filed or recorded in the office of the clerk of the Superior Court of the county until it shall have been submitted to and approved by the planning commission and such approval entered in writing on the plat, by the secretary of the planning commission. The clerk of the Superior Court shall not file or record a plat of a subdivision which does not have the approval of the planning commission as required by this Act. The filing or recording of a plat of a subdivision without the approval of the planning commission as required by this Act is hereby declared a misdemeanor and, upon conviction, is punishable as provided by law.
SECI'ION 16
SUBDIVISION REGULATIONS: PROVISIONS OF REGULATIONS. In exercising the powers granted to it by this Act, the municipal planning commission, the county planning commission, or the municipal-county planning commission shall prepare and recommend to the governing authority of the city or the governing authority of the county for adoption regulations governing the subdivision of land within the munic:i.pality or unincorporated portion of the county respectively. Such regulations ma.y provide for the hariD.onious development of the municipality and the county; for the coordination of streets within subdivisions with other existing or planned streets or official map streets; for the size of blocks and lots; for the dedication or reservation of land for streets, school sites, and recreation areas and of easements for utilities and other public services and facilities; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, prosperity, or general welfare.
Such regulations may include requirements as to the extent to which and the manner in which streets shall be graded, surfaced, and improved, and water, sewers, septic tanks, and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval of the plato Such regulations may provide that, in lieu of the completion of such work and installations previous to the final approval of a plat, the governing authority of the municipality or the governing authority of the county may accept a bond, in an amount and wtth surety and conditions satisfactory to it, providing for and securing to the municipality or county the actual construction and installation of such improvements and utilities within a period specified by the planning commission and expressed in the bond; and the municipality or county is hereby granted the power to enforce such bonds by all appropriate legal and equitable remedies. The governing authority of the municipality and the governing authority of the county are hereby given the power to adopt and to amend such land subdivision regulations after a public hearing thereon, at least fifteen days' notice of the time and place of which shall have been published in a newspaper of general circulation in the municipality or county.
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SECTION 17
SUBDIVISION REGULATIONS: PROCEDURE ON PLATS. The municipal plar.ning commission, the county planning commission, or the municipal-county planning commission is hereby given the authority to give tentative approval or disapproval to preliminary plats and to approve ordis~rove final plats but in each case their action shall be taken within thirty days after the submission thereof; otherwise, such plat shall be deemed to have been approved and a certificaieto that effect shall be issued by the planning commission on demand; provided, however, that the applicant for the planning commission's approval may waive this requirement and. consent to the extension of such period. The ground of disapproval of any plat shall be stated upon the records of the planning commission. Any plat submitted to the ~lanning commission shall contain the name and address of a person to whom notice of hearing may be sent; and no plat shall be acted upon by the planning commission without affording a hearing thereon, notice of the time and place of which shall be sent by registered or certified mail to said address not less than five days before the date fixed therefor.
SECTION 18
SUBDIVISION REGULATIONS: EFFECT OF PLAT APPROVAL ON STATUS OF DEDICATION. The approval of a plat by the municipal planning commission, the county planning commission, or the municipal-county planning commission shall not be deemed to constitute or effect an acceptance by the municipality or the county or the public of the dedication of any street or other ground shown upon the plat.
SECTION 19
SUBDIVISION REGULATIONS: PENALTIES FOR TRANSFERRING LOTS IN UNAPPROVED SUBDIVISIONS. The owner or agent of the owner of any land to be subdivided within the municipality or county Who transfers or sells or agrees to sell or negotiate to sell such land by reference to or exhibition of or by other use of a plat of subdivision of such land before such plat has been approved by the municipal planning commission, the county planning commission, or the municipal-county planning commission and recorded in the office of the clerk of the Superior Court in the county, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transfer shall not exempt the transaction from such penalties. The municipality or county, through its attorney or other official designated by the governing authority of the municipality or the governing authority of the county, may enjoin such transfer or sale or agreement by appropriate action.
SECTION 20
SUBDIVISION REGULATIONS: ACCEPTANCE OF THE IMPROVEMENTS IN UNAPPROVED
st'BEE'rs. From and after the time when the platting jurisdiction of the municipal
planning commission, the county planning commission, or the municipal-county planning commission shall have attached by virtue of the adoption by the planning commission of a major street plan and the adoption by the governing authority of the municipality or the governing authority of the county of a set of land subdivision regulations recommended to them by the planning commission, as provided in Section 15 of this Act, the governing authority of the municipality or the goTerning authority of the county or other public authority shall not accept, lay out, open, improve, grade, pave, or light any street or lay or authorize the laying of any
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water mains, sewers, connections, or other facilities or utilities in any street within the municipality or county unless such street shall have been accepted or opened as, or shall otherwise have received the legal status of a public street prior to the said attachment of the planning commission's subdivision jurisdiction, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the planning commission or on a street plat made and adopted by said planning commission, provided, however, that the governing authority of the municipality or the governing authority of the county may locate and construct or may accept any other street if the ordinance or resolution or other measure for such approval be first submitted to the planning commission for its review and comment; such street shall have the status of an approved street as fully as though it had been originally shown on a subdivision plat approved by the planning commission or on a plat made and adopted by the planning commission.
SECTION 21
SUBDIVISION REGULATION: ERECTION OF BUILDINGS. From and after the time when the platting jurisdiction of the municipal planning commission, the county planning commission, or the municipal-county planning commission shall have attached by virtue of adoption by the planning commission of a major street plan and the adoption by the governing authority of the municipality or the governing authority of the county of a set of land subdivision regulations recommended to them by the planning commission, as provided in Section 15 of this Act, no building permit shall be issued for and no building or other structure shall be erected on any lot within the municipality or county unless the street giving access to the lot upon which said building is proposed to be placed shall be accepted or opened as, or shall have otherwise received the legal status of a public street prior to that time, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by said planning commission or on a street plat made and adopted by said planning commission or with a street located and accepted by the governing authority of the municipality or the governing authority of the county. Any building erected in violation of this section shall be deemed an unlawful structure, and the building inspector or municipal or county attorney or other official designated by the governing authority of the municipality or the governing authority of the county may bring appropriate action to enjoin such erection or cause it to be vacated or removed.
SECTION 22
OFFICIAL MAP: ESTABLIS:H:MENT. The governing authority of the municipality by ordinance and the governing authority of the county by resolution may establish an official map of the municipality or the county, respectively, showing the location of the streets, public building sites, and public open spaces theretofore existing and established by law as public streets, public building sites or public open spaces. Such official map m~ also show the location of the boundary lines of streets, public building sites or public open spaces on plats of subdivisions which have been approved by the planning commission. The official map may include the whole or any part or parts of the municipality or county. In the event the official map thus established does not include the whole of the municipality or county but only certain part or parts thereof, then the governing authority of the municipality or the governing authority of the county may add to the official map by placing thereon, from time to time, the boundary lines of streets, public building sites or public open spaces which at the date of the establishment of the official map existed and
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and were established by law as public streets, public building sites or public open spaces, or which appear on a plat which has been approved by the municipal planning commission, the county planning commission, or the municipal-county planning commission. The governing authority of the municipal planning commission or the governing authority of the county shall certify the fact of the establishment of the official map to the clerk of the Superior Court of the county.
SECTION 23
OFFICIAL MAP: PLATTING OF STREET, ~IC BUILDING SITE OR PUBLIC OPEN SPACE LINES BY PLANNING COMMISSION. From and after the time when the ~nicipal planning commission, the county planning commission, or the municipalcounty planning commission shall have prepared and adopted a master plan or at least the major street portion of such master plan, the planning commission shall haVe the power to make or cause to be made, from time to time surveys for the exact location of the lines of new, extended, widened, or narrowed streets in the whole or in any portion of the municipality or county and to make and certifY to the governing authority of the municipality or to the governing authority of the county a plat or plats of the area thus surveyed on which are indicated the lines recommended by the planning commission as the mapped lines of future streets, street extensions, street widenings, or street narrowings.
From and after the time when the planning commission shall have prepared and adopted a master plan or at least the public building sites or public open spaces portion of such master plan, the planning commission shall have the power to make or cause to be made, from time to time, surveys of the exact location of the boundary lines of new, enlarged or diminished sites for public buildings or sites for parks, playgrounds, or oth~r public open spaces in the whole or in any portion of the municipality or county and to make and certify to the governing authority of the municipality or to the governing authority of the county a plat or plats of the areas thus surveyed on which are indicated the locations of the lines recommended by the planning commission as the mapped boundary lines of future public building sites or public park, playground, or other public open space areas of existing sites or areas that are to be expanded or contracted.
The making or certifying of a plat by the planning commission shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or public building site or public park, playground or other public open space or the taking or acceptance of any land for such purpose.
SECTION 24
ESTABLISHMENT OF PROPOSED BOUNDARY LINES OF STREETS, PUBLIC BUILDING SITES OR PUBLIC OPEN SPACES: From and after the time the municipal planning commission, the county planning commission, or the municipal-county planning commission shall have made and certified to the governing authority of the municipality or to the governing authority of the county a plat or plats on which are indicated the locations of the lines recommended by the planning commission as the mapped boundary lines of future streets, street extensions or street widenings, street narrowings, public-building sites, public parks, playground or other public open space areas or of existing sites or areas that are to be expanded or contracted, the governing authority of the municipality by ordinance or the governing authority of the county by resolution may
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make from time to time additions to or modifications of the official map by adding thereon the plats certified by the planning commission. Before taking such action, the governing authority of the municipality or the governing authority of the county shall hold a public hearing t~ereon, notice of the time and place of which shall be given not less than fifteen days' previous to the time fixed therefor by publication :in a newspaper of general circulation in the municipality or county, and, insofar as their addresses appear in the municipal or county directory or on municipal or county record or are otherwise known to the municipal or county clerk, by registered or certified mail to the record owners of the lands on or abutting which the proposed public street, public building site, or pUblic open space lines are located.
SECTION 25
OFFICIAL MAP~ REGULATION OF BUILDINGS AND OTHER STRUCTURES IN BED OF MAPPED STREETS, PUBLIC BUILDING SITES OR PUBLIC OPEN SPACESo For the purpose of preserving the integrity of the official map, the governing authority of the municipality or the governing authority of the county may provide by ordinance or resolution respectively, that no permit shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street, public building site or public open space as shown on the official map. Any such ordinance or resolution shall provide that the zoning board of appeals, if the municipality or county has such a board or, if not, a board of appeals created for.the purpose in such ordinance or resolution, upon appeal by an owner or other person having an interest in any property lying within the lines of such mapped streets, public building sites or public open spaces, from an adverse order on his application for a permit and wherein it shall appear from his sworn petition that the adoption of such official map has~ (a) interferred with the free sale or disposition of such property, thereby resulting in a potential loss to him; or (b) deprived him of a use, otherwise consistent with the zoning laws, which he intended bona fide, to make of his property; or (c) that, balancing the interests of the municipality or county in preserving the integrity of the official map and the interest of the owner in the use and benefits of his property, relief is required by consideration of justice and equity; then, the said board of appeals shall have the power in its discretion, alternatively or conjunctive~y, to grant relief as follows~ (1) where such land is not in use, to grant the appe~ tax relief which relief, if accepted by the taxpayer, shall thereafter estop him and his successors in title for a period of five years as to any claims except for the fair value of his property upon its subsequently being taken; (2) where the relief sought involves the construction or enlargement of a building or structure or part thereof within any such mapped lines to grant a permit for it but, in so doing, it shall have the power to specify the exact location, ground area, height, materials or construction, and other details and conditions of extent, character, and duration of the building, structure, or part thereof to be permitted; (3) where the relief sought is freedom from :i.nterference with the free sale and disposition of such property, to order the governing authority, within not more than one hundred days, to either (a) institute condemnation proceedings or negotiations to acquire the property, or (b) permit the sale of' the property free and clear of the restrictions imposed by reason of the adoption and recording of the mapped street, public building site or public open space herein referred to but subject, however, to any valid and applicable zoning regulations. Before taking any such action, the board of appeals shall hold a hearing thereon, at leRst fifteen days' notice of the time and place of which shall be given to the appelbmt in his appeal petition.

SECTION 26
DEFINITIONS: For purposes of this Act the term "street" or "streets" means, relates to, and includes streets, avenues, boulevards, roads, highways, expressways, lanes, alleys, a.nd ot/1er ways; "subdivision" mean all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that the following are not included within this definition:
1. The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the municipality;
2. The division of land into parcels of five acres or more Where no new street is involved.
SECTION 27
EFFECT ON EXISTING PLANNING AND ZONING AUTHORIZATION. This Act becomes effective upon adoption by the governing authority of a municipality or a county,
as the case might be. Any municipality vThich, prior to January 31, 1946, had
the power and authority under its charter as originally granted or amended to eng~e in planning and zoning, as authorized by the Constitution of Georgia, and any municipality or county which now has'the power and authority to engage in planning and zoning under provisions of an Act relating to zoning and planning approved
January 31, 1946, (G. L. 1946, p. 191), as amended, or under the provisions of any
local or special Act, or under the provisions of the Constitution of Georgia may continue to operate thereunder until the governing authority or such municipality or county shall declare the Act to be effective.
Any county resolution or municipal ordinance legally enacted under the provisions of any such statute or constitutional provision shall remain in force and effect after this Act becomes effective until the county or municipality has brought such resolution or ordinance into conformity with the provisions of this Act. Provided, however, that after this Act becomes effective in any municipality or county, such resolutions and ordinances shall be administered under the provisions of +.his Act and any amendments to any such county resolution or municipal ordinance shall be made under the provisions of this Act.
SECTION 28
PUBLIC HEARINGS. In all municipalities having a population of more than 300,000, according to the United States Census of 1950 or any future United States census, that declare this Act to be effective, the governing authorities of any such municipality may provide for any public hearing required to be held b,y this Act by and before a committee of the said governing authority, and such hearing, when. held, shall constitute the hearing required to be held by any provision of this Act.

SECTION 29
PUBLICATION OF NOTICES. In all municipalities having a population of more than 300,000 according to the United States Census of 1950 or any future United States census, that declare this Act to be effective, and in all counties having like population coming under any of the terms of this Act, all notices of public hearings required by this Act shall be given by publishing the required notices in the manner provided by this Act in the newspapers in which the sheriff's advertisements are carried in the county in which the real estate is located. When so published, such notices shall comply with all the requirements of this Act.
SECTIO~ 30 INVALIDITY OF PART. If any portion or provision of this Act is found unconstitutional, such invalidity shall not affect any other portion or provisions of this Act.
SECTION 31 REPEAL OF CONFLICTING ACTS. All laws and parts of laws in conflict with this Act are hereby repealed. Original Act approved March 13, 1957; Amendment approved March 17, 1958; Amendment approved March 17, 1959; Amendment approved March 17, 1960.
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