§ 77. Generally.

(1)

Laws authorized. The mayor and aldermen of the City of Milledgeville are hereby authorized to pass zoning and planning laws whereby the said city may be zoned or districted for various uses and other or different uses prohibited therein, and to regulate the use for which said zones or districts may be set apart and to regulate the plans for development and improvement of real estate in said city.

(2)

Purposes. Be it further enacted that the mayor and aldermen of said city may, in the interest of public health, safety, order, convenience, comfort, prosperity, or the general welfare of the citizens of said city, adopt by ordinances a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property, or for the purpose of regulating the height of the buildings or other structures, or for the area of dimensions of the lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning and districting regulations may be based upon any one (1) or more of the purposes above set out. The city may be divided into such number of zones or districts and such districts may be of such shape and area as the said mayor and aldermen shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activities conducted or to be conducted upon the premises, the number of persons, families or other group units to reside in or use buildings, the public, quasi-public, or private nature of the use of premises or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare.

(3)

Residential classification. Be it further enacted that for the reasons above stated the said mayor and aldermen shall have the further right and power, in any districts proposed to be set aside primarily for residence purposes, to further classify the use thereof and to provide therein the class or classes of residents to be housed therein and to provide therein such other similar regulations and restrictions as shall secure the peace and good order of the city and the residents thereof.

(4)

Modification of zone boundaries. Be it further enacted that the said mayor and aldermen may zone or district all or any part of the area of said city and may, from time to time, enlarge the zoned or district area, and may, from time to time, enlarge, diminish or modify the area of any zone or district, and may change, modify or repeal any regulation or restriction relating to said zones, may create new zones and change or modify the boundaries of zones theretofore established.

(5)

Planning commission. Be it further enacted that the mayor and aldermen of said city may, in their discretion, appoint a commission to be known as a planning commission to recommend to the mayor and aldermen of the city the boundaries of the various zones or districts to be laid out, and to recommend the adoption of appropriate regulations and restrictions to apply to the lands, buildings and structures in said zones. The acts of such commission shall be advisory only, and they shall receive such compensation for their services as the mayor and aldermen shall determine.

(6)

Regulation of buildings; structures. Be it further enacted that for any or all of the purposes mentioned in this act, the mayor and aldermen of said city may divide the city into districts of such number, shape and area as may be best suited to carry out the purposes of this act; and within such districts may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.

(7)

Public hearing; notice. Be it further enacted that no regulation, restriction or zone boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days['] notice of the time and place of such hearing shall be published in a newspaper of general circulation in said city.

(8)

Reading required for adoption of resolutions, ordinances. Be it further enacted that all resolutions or ordinances passed under this act or to carry out the provisions of this act may be passed after one (1) reading before the mayor and aldermen of said city, unless a further reading is requested by the mayor or one (1) of the aldermen, [and] on such request the resolution or ordinance shall be read three (3) times.

(9)

Review of decisions. Be it further enacted that any person or persons, jointly or severally, aggrieved by any decision, resolution or ordinance passed by the mayor and aldermen under this act, or any taxpayer of said city, may present to the superior court of Baldwin County, Georgia, a petition, duly verified, setting forth that such decision, resolution or ordinance is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to such court within thirty (30) days after the decision complained of is made or the resolution or ordinance complained of is passed. If, upon the presentation of such petition, the superior court orders a writ of certiorari to issue directed to the mayor and aldermen of said city, the court shall prescribe therein the time within which the answer thereto must be filed which shall not be less than ten (10) days. The allowance of the writ shall not stay proceedings upon the decision, resolution or ordinance appealed from, but the court may, on application, on notice to the said mayor and aldermen, and on due cause shown, grant a restraining order. The mayor and aldermen of said city shall not be required to attach to its answer to the writ of certiorari the original papers acted upon by it, but it shall be sufficient to attach thereto certified or sworn copies of such papers, or of such portions thereof as may be called for by the writ. The answer to the writ shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision, resolution or ordinance appealed from, and shall be verified. If, upon the hearing, it shall appear that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a master to take such evidence as it may direct, and report the same to the court with his findings of fact and decisions of law, which shall constitute a part of the proceedings upon which the determination of the court may be made. The court may reverse or affirm wholly or partly, or may modify the decision, resolution or ordinance brought up for review. Costs shall not be allowed against the mayor and aldermen unless it shall appear to the court that they acted with gross negligence or in bad faith or with malice in making the decision or passing the resolution or ordinance appealed from; provided however, that in any event whatever costs may be assessed against the said mayor and aldermen may be paid out of the general funds of the city. The granting or the refusal to grant a restraining order under this act shall be reviewable by writ of error to the supreme court of this state in like manner as now provided under the laws of this state in equity cases where an ad interim injunction is granted or refused. All other decisions of the court may be reviewable by writ of error to the supreme court or court of appeals of this state in like manner as the decision in other civil cases in such courts are now appealable to the supreme court or the court of appeals of this state.

(10)

Enforcement; remedies. Be it further enacted that the mayor and aldermen of said city may provide by ordinance for the enforcement of this act and of any ordinance, resolution, regulation or restriction made thereunder. A violation of this act or of such resolution, ordinance, regulation or restriction passed in pursuance thereof may be punished as now provided by the present charter of the said City of Milledgeville. The mayor and aldermen of said city is [sic] also empowered to provide civil penalties for such violation. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this act or of any resolution, ordinance or other regulation made under authority conferred hereby, the mayor and aldermen of said city, in the name and behalf of said city, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

(1937 Ga. Laws, Ex. Sess., page 1215, §§ 1—10)

State Constitution reference— Planning and zoning, art. IX, § II, para. IV.

State law reference

Certiorari to superior court, O.C.G.A. § 5-4-1 et seq.; certiorari and appeals to appellate courts generally, O.C.G.A. § 5-6-1 et seq.